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HomeMy WebLinkAbout05232007 ems ~,~I ~ I~~"~'~E~ 1-1011AE OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 23, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR COY 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-07-18) 7. ITEMS CARRIED FORWARD FROM MAY 9, 2007 REGULAR MEETING 07.071 A. First Reading of Ordinance No. 0-07-07 -Parks 8~ Recreation Advisory Modification. of Committee Membership Composition -Set Public Hearing for 1-4 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. 07.106 - B. First Reading of Ordinance No. 0-07-08 -Charter Review Committee Meeting Time -Set Public Hearing for June 13, 2007 (City Clerk Transmittal, 0-07-08) 5-9 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/ C.. 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 11-12 Street Renovation Project (Finance Transmittal) 07.108 D. City Manager Matters -Report on Final Draft of Code Enforcement Guidelines (Final Guideline) 13-29 8. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS 07.016 A. Rex Nelson -Brief Update Report on Concrete Plant Issue 9. 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. 31-33 A. Approval of Minutes - 5/9/07 CIP Workshop 35-49 g. Approval of Minutes - 5/9/07 Regular Meeting 07.110 C. Approve Appropriation and Expenditure of Up to $11,000 from Drug Forfeiture Account to Fund 2007 G.R.E.A.T. Program as Allowed by State Law (PD 51-- Transmittal) 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.057 A. Tree and Landscape Advisory Board/Temporary Environmental Advisor Committee (Clerk Transmittal) 53- i. Report on Merger from Board Members ii. City Council Direction to Prepare Ordinance 07.012 B. Construction Board i. Remove Greg Conover for Three Consecutive Unexcused Absences In 55-57 Accordance with Code Sec. 2-173 (City Clerk Transmittal 5/15/07, Code Section) 11. PUBLIC HEARING -None 12. UNFINISHED BUSINESS 07.105 A. Charter County/Interlocal Agreement Issues i. Resolution No. R-07-21 -Response Resolution to Fellsmere Resolution No. 07-H 59-62 -Interlocal Service Boundary Agreement (City Attorney Transmittal, R-07-21) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PURSUANT TO FS 171.203 RESPONDING TO THE INVITATION OF THE CITY OF FELLSMERE TO NEGOTIATE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT 63-66 ii. Resolution No. R-07-22 -Temporary Urban Service Interlocal Agreement A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AUTHORIZING AN INTERLOCAL AGREEMENT TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. 2 13. NEW BUSINESS 07.111 A. Fleming Street i. Traffic Modeling Presentation by Phil Matson, IRC Traffic Engineer/MPO 67-7o ii. Council Member Simchick Presentation (2 Pgs City Comprehensive Plan) a. Ruth Stanbridge Grant Reimbursement iii. Council Discussion 07.019 B. Emergency Ordinance No. 0-07-09 -Increase Additional Homestead Exemption for Low Income Seniors to $50,000 (Finance Director Transmittal, Emergency 71-74 Ordinance 0-07-09) AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION; PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. 07.112 C. Approve Funding of $17,935 to Harrington's Mobile Home Service to Move Airport 75-117 Security Building (Airport Director Transmittal, Three Proposals) 07.113 D. Authorize Construction Contracts for Airport Maintenance Building in an Amount up to $270,000 (Airport Director Transmittal, Rejected Bids, FAA Construction Schedule) 07.114 E. Resolution No. R-07-20 -Joint Participation Agreement for Airport Layout Plan Update (Airport Director Transmittal, R-07-20, JPA) 119-151 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AN AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.115 F. Proposed Cemetery Rate Increase -Direct Staff Accordingly (City Clerk Transmittal, 153-189 R-02-30, Cemetery Code Sections, Cemetery Trust Fund Information, History, Other Cemetery Rates, Proposed Rate Resolution) 14. 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 07.025 A. Damien Gilliams - 806 Indian River Drive Sebastian Docks for Electric Permits 191-20315. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS 19. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) 3 HEARING ASSISTANCE HEADPHONES AREAVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Corncast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORD/NA TOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: June 13, 2007- 5:30 p.m. - CIP Workshop June 13, 2007 - 7:00 p.m. -Regular Council Meeting June 27, 2007 - 6:00 p.m. -Dog Park Workshop June 27, 2007 - 7:00 p.m. -Regular Council Meeting August 8, 2007 - 7:00 p.m. -Regular Meeting August 15, 2007 - 6:00 p.m. -City Council Budget Workshop August 22, 2007 - 7:00 p.m. -Regular Meeting September 10, 2007 - 6:00 p.m. -Special Meeting - 1 ~` City Council Budget Hearing September 12, 2007 - 7:00 p.m. - Re ular Meeting September 19, 2007- 6:00 p.m. - 2"`~City Council Budget Hearing September 26, 2007 - 7:00 p.m. -Regular Meeting 4 City of Sebastian, Florida o~te~ o~ T~~ errY ~`rT®~v~Y AGENDA TRAN-7SMITTAL Agenda No. ~ < ° ~ 7 Subject: Parks & Recreation Advisory Committee; Date Submitted: 4/2707 Modification of size and composition For Agenda of: 5/9/07 SUMMARY: 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. RECOMMENDED 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: O ORDINANCE 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, SEVERABII.ITY AND EFFECTIVE DATE. WHEREAS, under Ordinance 0-03-29 the City ereabed 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-lazge 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: on i. '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-large._ Section 2. That Section 2-213 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec.2-213. Terms. L 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 repealed,, Section 4. SEVERABILTTY. 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: five Deleted: ,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 is their place.l ~ Deleted: Following appointment of the initial committee members, the ~ representatives of districts A and C shall ;. j serve until May 31, 2005; the representatives of dishicts B and D shall serve until May 31, 2006; and the at-large I member shall serve until May 31, 2007. I ThereaSer, Committee member temrs i l shall be three years in lengtlt.~ Deleted: 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. immediately. EFFECTIVE DATE. This Ordinance shall become effective The foregoing Ordinance was moved for adoption by Councihnember . The motion was seconded by Councihnember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councihnember Al Paternoster Councihnember Dale Simchick Councihnember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of June, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk O By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney rnr ~ S~B~T~iV __. . .~d, . HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Ordinance No. 0-07-08 -Charter Agenda No: ~ 7, f p (o Revie Co mittee Meeting Times and Proc u Amendment Department Origin• it 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 ~arics and Recreation Committee membership issues, I thought i# 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 flue years rather than every seven years. The next time the committee will 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~' of the year 1999 and of every 5"' 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. 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 following the seatina of the newly elected city council '~ of the years designated in the Charter for formulation of the committee. a 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 ~ clerk 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. O 2 Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by 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 The Mayor thereupon declared this Ordinance duly passed and adopted this 2007. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Sally A. Maio, MMC City Clerk Mayor Andrea B. Coy day of Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney O Council member l~ €rtr ~ ~. \` ~~" ~~~ . ~~ FiE3I4lE ~~ ~i+iif~d'LL4 ~.i~ CITY OF SEBASTIAN AGENDA TRANSMITTAL ©~.o~~/ Subject: Shifting Capital Project Funding Agenda No. ~ 7 / O ~ .App ove r Submittal by: Department Origin: ~Finan~c Finance Director: Q/vim--- City Engineer ~ . City Clerk A •, ~ty Manager City Attorney: Date Submitted: 4/17/07 For Agenda of: 4/25/07 Exhibits: 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 finished that analysis and the project parameters and costs are estimated as depicted below: Item Est. Unit Cost Est. Number Estimated Cost ($/Unit) of Units Roadwav rncL enEineerinE & survev) • Recycled /Expanded/Raised Base $1.30 / SF 1 mile Ca, 22 fG wide $ 150,000 = ayprox 116000 SF • Asphalt Paving (? 1-1/2") = avnrox 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 204 000 • 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 10.000 LF 180 000 TOTAL PRELIA~IINARY ESTIIvIATE 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 i~ In addition, a time line to complete the project could be established in the following manner: ITEM Complete Survey Complete Design Complete Permitting (SJRWMD) 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 Bazber 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 lazger 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 Eg enditure Barber Street Reali ent $400,000 DST $400,000 $0 $0 2007 RoadPavin 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 Staffwill 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 08 CIP planning process. In addition, using the FY 07 paving money basically focuses those funds in one azea 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 prof ect 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. rz City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM 07 fig 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. Ci3~ C~~~ Code Enforcement Operational Guidelines GiTY QF` Apri12007 15 ~~111E CAF PELI+~A~J IS.L~ND iH 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 of Hearing - - - - - - - - 10 Administrative Fines; costs of repairs; liens - - - - - 11 Duration ofLien - - - - - - - - 13 Appeals - - - - - - - - - 13 Document Disposition - - - - - - - 13 I~ 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 theiruniform, 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 Florida Statute 933 - Florida Statute 968 - Florida Statute 50 i~ - "Supplemental County or Municipal Code or Ordinance Enforcement Procedures" (2004 edition) - "Search and Inspection Warrants" (2004 edition) - "Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs" (2002 edition) - Legal and Official Advertisement(s) 3 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)) iq (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 rule 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 (1967,0 (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 may be granted for Nuisance Violations, pursuant to Chap. 66 of the Code of Ordinances for the City of Sebastian. 20 5 Service on Homeowners - - Indian River County Property Appraiser 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 - Deceased Owner - - - Service parents or guardian Research to determine if a guardian has been appointed 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 ZI 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. 2Z ~ (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)) 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 2~ 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 ,,, Z5 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 maybe 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. ZCv 11 (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 Count 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. z~ ,z (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~Florida) 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 endens 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 3D02-309 December 24, 2003 A eats An aggrieved party, including the local governing body, may appeal a fmal 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 Disaosition Public Records** within the files of the Code Enforcement Section of the City of Sebastian Florida shall be maintained in accordance with F_ lorida State Law, Title X, Cha tp er 119. At the minimum records dealing with individual cases shall be maintained: Courtesy Letters /Violation Letters /Citations Violation after meeting the Special Magistrate Lien - Z~ 13 3 years 5 years in Perpetuity 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 soRware, or other material, regazdless 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." ~a z9~ ~~, ~aiv ~ _- .`._ -- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL CAPITAL IMPROVEMENTS PROGRAM WORKSHOP MINUTES WEDNESDAY, MAY 9, 2007 - 5:15 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Coy called the CIP Workshop to order at 6:34 p.m. The Pledge of Allegiance was recited. 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 in Chambers: Airport Director, Joe Griffin, Finance Director, Shai Francis Police Chief, Jim Davis MIS Systems Analyst, Barry Siepmann Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams CAPITAL IMPROVEMENTS PROGRAM (Finance Director Transmittal, Proposed CIP 2007/08 - 2012/13 A. CITY MANAGER PRESENTATION The City Manager gave a Power Point presentation and submitted a handout (see attached). He explained that this workshop, a Planning & Zoning hearing, and a report back to Council is part of the Capital Improvement Program process and he planned to review special revenue funds, provide staff recommendation, wanted to confirm directives, and receive feedback. 3i CIP Workshop May 9, 2007 Page Two He quickly went over 2002-2007 DST fund projects, stormwater bond projects; local option gas tax projects; recreation impact fee projects; and FDOT funded projects at the Airport. He then reviewed potential 2008 projects: 1) replacing ten police cars with a change out program to include three new cars for new hires; 2) new community center; 3) pedestrian bridge at Lake and Wimbrow; 4) quarter round project continuation; 5) continuation of ditch maintenance; 6) Stonecrop crossing rehabilitation; and 7) Blossom ditch rehabilitation. He then reviewed other future projects: 1) baseball field lights at Barber Street Sports Complex; 2) underground drainage along west side of Indian River Drive; 3) additional pedestrian bridges on Joy Haven/Concha and Periwinkle; 4) more sidewalk improvements; 5) street resurfacing; 6) Powerline Road North extension; 6) Barber/Schumann intersection improvements; and 7) new public works compound relocation to Airport from CR512. Other considerations the City Manager mentioned were: 1) Barber Street widening west from Schumann. Mr. Paternoster noted the Barber Street widening project is not targeted by the MPO for at least five to seven years. The City Manager agreed and said if the City experiences issues the project may have to be funded by the City. The City Manager continued the considerations with 2) Laconia Street; and 3) Barber Street realignment which he said is not popular and may not be needed at this time. He reviewed his handout titled "DST Funds" indicating special revenue funds, unallocated funds, and obligated funds. He sought Council's confirmation that he was looking at the projects that Council wanted him to plan. Mr. Paternoster asked how the action of the legislature would affect CRA tax increment funding. The City Manager said he did not know and the legislature did not either. The City Manager said he had recommended Council to go forward, Council has been clear on its policy for tax reduction and has been frugal for the past couple of years so the reduction of ad valorem will not affect the City of Sebastian as much as other communities. He suggested the legislature look to the school boards who receive almost 50% of ad valorem for tax savings, and pointed out 30% ad valorem goes to County, and 20% goes to local government which receive the most scrutiny. He said School Boards are exempt from the current ad valorem proposals in Tallahassee. o CIP Workshop May 9, 2007 Page Three Mayor Coy asked how many people are here for the CIP workshop, and two people raised their hands. In the interest of time, the City Manager suggested bringing their concerns to June 7th Planning & Zoning meeting and then maybe back to Council for a workshop on June 9th Ms. Simchick agreed with waiting until Planning & Zoning for input. The City Manager clarified public input will be allowed at the Planning & Zoning meeting, at a special Council workshop and a Council regular meeting. It was the consensus that Council would meet again at a workshop on June 13, 2007 at 5:30 p.m. 5. Being no further business, Mayor Coy adjourned the CIP Workshop at 7:12 p.m. Approved at the May 23~d Regular City Council Meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk ~j'J 3y;' CRV OF ~r:: '~'~T1[ _ - - r-~ HOME OF PELfCAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 9, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:22 p.m. 2. The Pledge of Allegiance was led by Council Member Wolff. 3. There was a moment of silence. 4. Council Member Wolff read the Civility Pledge as follows: "We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor 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 Building Director, Wayne Eseltine City Engineer, David Fisher Finance Director, Shai Francis Golf Course Director, Greg Gardner Head Golf Professional, Michael Nichols Human Resources Director, Debra Krueger Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth Interim Public Works Director, Jerry Converse Parks Superintendent, Chris McCarthy Police Chief, Jim Davis MIS Systems Analyst, Barbara Brooke S`~; Regular City Council Meeting May 9, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETION Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Coy announced addition of two items: proclamation for Building Safety Week and a request letter from the Little League. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, the two items were added on a voice vote of 5-0. 7. PROCLAMATIONS. ANNOUNCEMENTS PRESENTATIONS 07.095 A. Proclamation -National Safe Boating Week -May 19-25 2007 -Nigel Hargreaves or Member of Power Squadron Accepting Mayor Coy read and presented the proclamation to Nigel Hargreaves, and two other members of the Power Squadron. Mr. Hargreaves recognized Scripps and Hometown News and explained their boating courses offered to the public. 07.096 B. Proclamation -National Tourism Week -May 12-20 2007 -Beth Mitchell 3 Executive Director, Sebastian River Area Chamber of Commerce Accepting Mayor Coy read and presented the proclamation to Beth Mitchell, and Ms. Mitchell and her assistant, Nicole, presented booklets to Council members and announced a discounted ticket night at Dodgertown dedicated to those working in the tourism industry. 07.044 C. Certificate of Appreciation to Mary Bennett for Tree and Landscape Advisory Board Service Mayor Coy-read the certificate for Mary Bennett, though Ms. Bennett was not in attendance. 07.003 D. Recognition to City Employee of the Quarter -Michael Nichols Head Golf 5 Professional, Sebastian Municipal Golf Course Mayor Coy read and presented the plaque and a $100 bond to Michael Nichols. New E. Proclamation -Building Safety Week -May 6-12 2007 Mayor Coy read and presented the proclamation to Building Director, Wayne Eseltine. Mr. Eseltine said the City Building Department works hard to enforce codes for safety. New F. Request from Mr. Siebel, Little League Mr. Siebel, Little League, requested the naming of little league field number one in memory of Michael Abt who tragically died last year. Mr. Paternoster said he would like to have the Abt family here when we do it. Ms. Simchick suggested the City could replace the number one on the backboard with Michael's name. `~~ 2 Regular City Council Meeting May 9, 2007 Page- Three MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to rename the little league field number one to the Michael Abt Field on a voice vote of 5-0. Staff was directed to contact the Abt family and invite them to a meeting for the formal dedication and proclamation. Mr. Siebel thanked the City for all they have done for Little League. 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 11-28 B. Approval of Minutes - 4/25/07 Regular Meeting 29-30 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 83-96 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 97-137 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) ~~ ) 3 Regular City Council Meeting May 9, 2007 Page Four 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) Ms. Simchick removed items F and H, Mr. Paternoster removed item I, Mr. Neglia removed items G and H. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, items A, B, C, D, and E were approved on a roll call vote of 5-0. Item F -Cemetery Columbarium Mr. Paternoster questioned why the bid was waived. Chris McCarthy explained he was trying to match up existing equipment. Ms. Cutright asked why no local bidders had an opportunity to bid on this. Mayor Coy read from staff recommendation. Mr. Wolff said he had looked into this and found that Eagle Monuments of Ft. Pierce did give a quote which was higher. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, item F was approved as requested on a roll call vote of 5-0. Item G - R-07-19 JPA Mr. Neglia asked the Airport Director to describe security brush cutting. The Airport Director said he became aware of this due to work being done in Valkaria and he brought it to the attention of FDOT and FAA. He further described areas of the project and exhibited the agenda packet photo on the overhead screen indicating areas to be cut. On MOTION by Mr. Neglia, and SECOND by Ms. Simchick, item G was approved as requested on a roll call vote of 5-0. Item H -Airport Security Brush Cutting Ms. Cutright asked how bids are noticed to the public, particularly local landscapers, and the City Manager explained the process. The Airport Director explained the scope of the work and said this is not typical landscaping and clearing but will utilize special machinery. He said he did seek other proposals through a-mail which he can forward to Council. The Airport Director said FDOT did not funnel him to that one company, but that the proposal came in at the price FDOT was willing to fund. Mr. Wolff thanked him for seeking additional proposals. 0 4 Regular City Council Meeting May 9, 2007 Page Five On MOTION by Ms. Simchick, and SECOND by Mr. Paternoster, item G was approved as requested on a roll call vote of 5-0. Item I -Craft Club Shows Mr. Paternoster asked why Council would consider waiving half of the Craft Club fee. Chris McCarthy said Council had waived the fee for the last two years and they are the longest running festival in the park. Mr. Paternoster pointed out the sixteen dates they are reserving the park, noting the park cannot be used by another event. The City Manager said that in the past the Club has made public donations from the profits for items such as benches. Mayor Coy suggested allowing the reduction this time and then asking them to come before Council next year. Mr. Wolff suggested looking at an increase in park use fees. Mr. Neglia said maybe he would be in favor of letting it go for one more year. On MOTION by Mr. Paternoster and SECOND by Mr. Wolff, item G was approved as requested for this year, with the stipulation that they be notified of a rate increase for next year and notify the City earlier on a roll call vote of 5-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.102 A. Presentation by Don Wright, Chairman of Parks and Recreation Committee Re: 147-155 Proposed Dog Park (Information) 8:08 pm Don Wright recognized Jack and Carol Wilson. Mr. Wilson asked Dog Park committee members, Humane Society staff, and County and City canine officers, who had their dogs with them, to stand and be recognized. Mr. Wright then gave a presentation on a proposed dog park. He referred to the information provided in the agenda packet. Mr. Paternoster asked the City Attorney if the liability concern would be the same as any other park, and he responded that this slightly increases the City's risk. He then asked if the City would be responsible for situations that would arise from potential danger from aggressive dogs, physical injury from dog related hazards and lawsuits arising from dog fights. Mr. Stringer said it would be questionable, because the dog could not be unleashed until they have entered the park, rules could be established that no children be allowed without an adult, and as long as there are rules and signage and the City would limit exposure and liability. Mr. Paternoster asked Mr. Wright if in his research he has found that if a dog bites someone or another dog, is the liability with the dog owner or shared with the City. The City Attorney said one thing in the City's favor is that legislature has abolished joint and several liability laws whereby liability was shared. ~~ Regular City Council Meeting May 9, 2007 Page Six Mr. Paternoster cited language on circle page 151, and asked what peer pressure is used at dog parks and Mr. Wright responded that dog owners get to know each other, individuals deal with aggressive dogs and encourage others to look after and pick up after dogs. Mr. Paternoster explained that while people may look out for others, he has received complaints about people not picking up after their dogs now in City parks and he doesn't want to see this happen. He asked Mr. Wright if he could show a demonstrated need for this park. Mr. Wright said he was responding as the Parks Committee chairman to the 2007/2008 capital improvement allocation by Council for this park. Mayor Coy pointed out Council put this in the budget and they have heard from people. Mr. Paternoster agreed but said this new information should be shared with the public and he would like to find out legal ramifications before going forward. Mayor Coy said she visited a dog park in Sanford, thanked the Recreation Committee, noted the Committee branched out to the public to ask for input, noting a group of concerned citizens actively researched this very hard and commented this is how it is supposed to happen in a community. She asked if anyone of the police officers would like to address Council. Mr. Paternoster explained the research has been done by interested people on the committee and asked if anyone knew how many dogs will use the park, what are the demographics of people who will use the park and has anyone asked citizens what they think about the proposed park. Sergeant Pat White, Sheriff's Office K-9 Unit, with his German Shepard talked about the park in Vero Beach and said the officers were all here to support this, said that people at these parks are not trouble makers, and that it is a good community project. Mr. Paternoster asked how much input Mr. Wright had from the public and Mr. Wright responded that twenty to twenty-five residents have showed up at the meetings and participated. Mr. Paternoster asked him if he knew how many dog owners there are in the City and how many would want a park. Mr. Wright said he did not know. Ms. Simchick said she thought this was a great idea, and if the City can button up liability the City could go forward. She asked the City Attorney if the City would reduce liability if the park had a membership and visitors signed a waiver. The City Attorney said the only thing that would reduce liability would be to lease it out to a group or otherwise provide no service. The City Attorney said the City currently has a $100,000 per person, and $200,000 per incident with a $10,000 deductible. Mayor Coy said the Sanford Park was very quiet, people were socializing, and it was a totally different atmosphere than what she expected. t ~ 6 ,. Regular City Council Meeting May 9, 2007 Page Seven Mr. Neglia said the City has budgeted $20,000 and this plan has escalated from that number. He noted there is a park over the Barber bridge in Vero Beach and it is a large open area with no misting stations, though they have bags. He asked if this would be only for Sebastian residents or would anyone be able to use it. Mr. Wright said all the City would need to get this established is fencing and water, and the benefit of volunteers will keep numbers low. He said they don't expect the City to put everything in there on day one but rather see how it goes. Mr. Neglia asked how one can check to see if a dog is neutered and Mr. Wright said he would probably ask a local vet. Mr. Neglia said the City has not yet decided on a park area. Mr. Wright said he would like to identify what needs to be worked on and refine the proposal. Mayor Coy recommended this be scheduled as an agenda item for public input for the second meeting in June. The City Manager said he and the City Attorney will bring back the information requested. Mayor Coy asked Mr. Wright to bring back additional information as well. Mr. Paternoster asked that Mr. Wright have the Committee survey the public. Mr. Wolff said he was not given the chance to comment but will give his comments the next time. Mayor Coy called recess at 8:45 pm and reconvened the meeting at 9:04 p.m. All members were present. 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 Coverl) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR ROHM COMMERCIAL SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Mayor Coy opened the hearing at 9:05 p.m. No members of City council members had ex-parte communications to disclose. The City Clerk swore in all those who intended to offer testimony. Joe Schulke, representing applicant GEC Florida, LLC presented the request for approval of the preliminary plat. He said in the twenty plus months since the application was !~~ Regular City Council Meeting May 9, 2007 Page Eight submitted, they have gone through mitigation and other environmental permit approvals which are now in place, and the application has gone to Planning and Zoning with approval. The Growth Management Manager said this is a one lot subdivision, they have designed their stormwater system to accommodate the worst case scenario, the lake is a manmade borrow pit but has been there many years and is the reason they had to go through this type of 9:08 pm environmental permitting. She said Planning and Zoning recommended approval, and noted that there are a full set of plans and a smaller size set of plans before Council, but they are exactly the same. Mr. Neglia asked about County easements along 512 and whether the owner will have to give any of that up. Mr. Schulke said they will have to go to the County for aright-of-way permit. Mr. Neglia asked about moving of the pond and Mr. Schulke pointed them to a plan in the packet. Mr. Neglia said the retention pond looked small and Mr. Schulke said the new pond will have additional depth and that there are computations and analysis to show that the water will be accommodated. He asked if Mr. Schulke knew the owners' intentions as the type of business that will be there and Mr. Schulke said he did not. Mr. Paternoster asked about the front setback, which Mr. Schulke said is in accordance with code. Mr. Schulke said there will be an attempt to save trees other than exotics. Ms. Simchick said she would like to see more people come with all permits in place and thanked him. Mr. Wolff asked if off-site material will be brought in to the site, and if it would be Imokalee fine sand like what is there now. Mr. Schulke said he did not know, but his clients do have a relationship with Mr. Fischer and that may be the case. Mayor Coy clarified it has been twenty months or more to get this completed, and that they took care of the environmental permits before coming to Council and she thanked him. Mayor Coy opened the floor for anyone in favor of the request and there were none. Mayor Coy opened the floor for anyone opposing the request and there were none. Mr. Schulke pointed out conditions one, two and three will be submitted tomorrow if approval is obtained, and the rest of the conditions have been met or have been applied for. In closing he said Fischer & Sons has applied for the dewatering permit and SJRWMD and Army Corp permits have been received. Staff summarized their report and recommended approval. There was no additional input. Mayor Coy called for a motion. ~~ 8 Regular City Council Meeting May 9, 2007 Page Nine On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Resolution No. R-07-16 was adopted on a roll call vote of 5-0. 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 Reeort, Traffic Impact Study Supplement, Application, PUD Conceptual, P & Z Minutes Site Plan, Architectural Elevations and Floor Plan, Building Colors Under Separate Coverl) 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. Mayor Coy opened the hearing at 9:27 p.m. No member of City council had ex-parte communication to disclose. The City Clerk swore in all those who intended to offer testimony. Joseph Schulke, representing the owner of a proposed Sherwin Williams store at Chesser's Gap, said a 6000 square foot commercial store is planned, utilizing existing driveways to the Exxon and the Elks Club. He stated there are no environmental issues on this site. The Zoning Technician said this site plan is before Council because this is a Planned Unit Development which was originally approved by Council, therefore this plat should also be reviewed by Council before a certificate of occupancy is issued. She recommended approval with two conditions set out by staff. Mr. Neglia said there is 73.4% impervious area and asked if this was because of its link with the Exxon station. Mr. Schulke said they met the code though it was tough to make it fit. Mr. Neglia asked what type of trucks would be delivering and Mr. Schulke said he actually did not know but doubted it would be tractor trailers. Mr. Schulke said he can't imagine there will be that much frequency of deliveries. The Zoning Tech said she had approvals from all agencies including the fire department. Mr. Paternoster asked about the setback from CR512 to the pavement. Mr. Schulke said there was an 11.8 feet from the road to the pavement. Mr. Paternoster than asked about the road edge to the front of the store which will be 77 feet. The Zoning Tech said she had access agreements from adjacent property owners and noted the access from the Exxon to the Elks will be widened. Mayor Coy opened the floor for anyone in favor of the request and there were none. Mayor Coy opened the floor for anyone opposing the request. )~ ~~ ~l Regular City Council Meeting May 9, 2007 Page Ten Carolyn Corum said she was not opposed, but had questions. She asked about the parking spaces, and about shared parking to which the Zoning Tech said there would be no shared parking but shared access. Ms. Corum said delivery in front of a business is dangerous and the code should be changed. The Zoning Tech said the code requires deliveries to the rear for this particular size of commercial building. Mayor Coy closed the hearing at 9:45 pm. Staff recommended approval with the two conditions set out. Mr. Wolff said he wondered whether a 6,000 square foot building was rather large and found in comparison to the Vero Beach store, this establishment is smaller and echoed Ms. Corum's concerns for large pickups. He wished them luck. Mr. Paternoster asked Mr. Schulke if large orders would have to pick up at the rear. The Zoning Tech said Council can add that to its site plan approval. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Resolution No. R-07-16 was adopted with the conditions and the addition of the sign requiring large pickups to occur at the rear on a roll call vote of 5-0. 11. UNFINISHED BUSINESS 07.072 A. Resolution No. R-07-18 -Revised Meeting Procedures~City Clerk 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. The City Attorney said changes have been added as discussed by Council. On MOTION by Mr. Neglia, and SECOND by Mayor Coy, R-07-18 was adopted on a roll call of 5-0. 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 Coverl) LjG~ ~o Regular City Council Meeting May 9, 2007 Page Eleven The City Attorney explained this is a developing area and distributed the latest County draft agreement resolution which puts the entire County in for negotiation and lists every detail County leaders would like to discuss in exhibit C. (see attached) He went on to distribute and explain a draft Sebastian resolution responding that Sebastian will take part in the agreement, and in addition Sebastian wishes to discuss: 1. Annexation reservation areas and binding future boundary limits for the cities of Indian River County. 2. Planning, timing and financial responsibility for public infrastructure within the subject areas. 3. Planning, timing and financial responsibility for governmental services within the subject areas. 4. Interfacing and coordination of the projects in items 2 and 3 above across intergovernmental boundaries of both incorporated and unincorporated. 5. Land uses within the subject areas. He went on to explain a recommendation from the Vero Beach attorney which all of the entities agreed to bring to their Councils: a formal interlocal agreement to be processed within a month that no entity will change heights or densities outside the urban service area or annex any property for a year, it can be amended if every single government approved an exception by a supermajority and it can be extended for an additional year. He said the entities have agreed to have it done by the end of May except the City of Orchid which will agree in June. The City Attorney said this will not include the red zone in Fellsmere which would probably not be affected by a charter county either. The City Manager displayed the proposed annexations for Fellsmere on the overhead. The City Attorney said the County will reserve their right to challenge the Fellsmere red areas under Florida law. Mayor Coy reiterated that Sebastian does not have standing for a challenge. The City Attorney said entities did discuss, and hope, that if Fellsmere felt there was no pressure coming at them, they would slow down on processing the pending annexations and work more closel~r on the agreements. He said there are going to be meetings in Fellsmere on May 17t , on May 23~d and a joint meeting with the County on May 24th and maybe Sebastian could be there to ask for slow down. Mr. Neglia asked for clarification that Fellsmere is willing to slow down to which the City Attorney said they did not give a definite answer. Mr. Neglia then asked for clarification on the submitted map. ;~5 Regular City Council Meeting May 9, 2007 Page Twelve Mr. Paternoster asked the City Manager to show the potential annexations for Fellsmere on the overhead projector for the public, which he did. Mayor Coy said following the joint meeting in Fellsmere on Monday, she was given further information on other meetings that are scheduled because Fellsmere hopes to have the annexations done in June. She said she is discouraged because the City is reaching out in good faith, and if one looked at what can be done, even the county charter would not stop this rolling ball. She said the City needs to closely follow upcoming Fellsmere meetings to keep a presence. The City Attorney said Fellsmere kind of offered today that in the agreement they could only development the Joint Ventures through villages, not typical subdivisions and if Sebastian can get Fellsmere to slow down, Sebastian can find out Fellsmere's plan and impacts. He said Sebastian could give their opinion in a court brief but it wouldn't have standing in a battle; however during land use changes, Sebastian can show infrastructure isn't there and have a standing in a second round. 10:10 pm Mayor Coy said it is incumbent that all municipalities work together on this. The City Attorney said if all entities could get beyond how big Fellsmere wants to be, which is out of Sebastian hands, everyone could see what they are dealing with it and Fellsmere's plans may be good, but until then, Sebastian would like to see. Mr. Paternoster asked the City Attorney if he read the article in yesterday's paper stating charter government may be illegal and how would that affect Sebastian. The City Attorney explained there are two sets of court rulings (neither governing Sebastian) as to what can be done but no one has taken it to the state supreme court for governance throughout the state. He said the referendum issue probably won't stand. The City Attorney said Sebastian's stop gap resolution and agreement will be addressed at the next meeting. Ms. Simchick expressed concern for what took place at the Fellsmere meeting Monday night and said it is frightening to all of us. She said Sebastian really can't do much and by the charter being put on hold, Fellsmere has bought time to finish the red areas, and she asked if the interlocal agreement will stop the green areas. She asked the City Manager what will happen if the City wants to annex commercial areas after signing an agreement not to annex. The City Manager said the stop-gap agreement will stop at the green and Sebastian hopes to get into some reserve areas so Sebastian can expand and control as Council sees fit. He said the interlocal agreement will identify who will annex and who will control. The City Attorney said if Council is concerned for the next year, he and the City manager will need to know as soon as possible what land is wanted, noting that Sebastian won't ~-(~ 1 12 Regular City Council Meeting May 9, 2007 Page Thirteen change heights and densities until everything is worked out because other entities might get interested in the areas Sebastian would like to acquire. Ms. Simchick asked if it would be possible to bring back a map. Mayor Coy asked for something on the 23~d. The City Attorney advised to identify what areas Sebastian would like and let the other entities know as soon as possible. The City Manager pointed out possible areas on the overhead map. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, the meeting was continued on a voice vote of 5-0. Mr. Wolff said the County is a transition, the older land barons have approached Fellsmere for annexation and it isn't going to happen tomorrow, and it will secure their family purse for years to come, and Fellsmere will receive a concession. He said it reminded him of the Music Man and Jason Nunemaker is telling them to annex and the jobs will come, and it is pie in the sky, noting Sebastian will be left holding the bag for services. He said it is quite curious that Sebastian goes from a community that is basically cautious against annexation and is now parceling up the county. He said he feels that Fellsmere isn't going to give Sebastian anything. Mayor Coy said Council needs to make a decision whether to direct the City Manager to carve out an area for Sebastian and at least show that Sebastian is interested in that development in the future. Mr. Paternoster suggested that the City Attorney and City Manager meet in the next two days to map it out and provide it to us. Mr. Neglia said Sebastian has to go forward but be careful. The City Attorney said the Graves property is a massive parcel and will be part of a master plan, but the Ansin 400 annexation may happen soon. Ms. Simchick said Fellsmere feels if there is a cap put on millage rate, these new lands will raise their tax base. Mr. Paternoster said they talked about connectivity, six laning of CR 512 which will have a tremendous impact on Sebastian. Ms. Simchick said the Graves parcel does connect to 74`h Avenue which would be nice to have in Sebastian. Mr. Paternoster clarified that would be a major connector from Indiantown to Laconia Street. The City Manager said he will get a map to Council by the end of the week. Mayor Coy asked him to keep it in color. _-~, ,~ `, 13 Regular City Council Meeting May 9, 2007 Page Fourteen The next three items were carried to the next meeting. 07.071 B. First Reading of Ordinance No. 0-07-07 -Parks & Recreation Advisory 227-230 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. 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 true minutes. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS The City Manager explained the legislature did pass an additional $25,000 homestead exemption. He recommended Council not increase the exemption this year, because of pending state action on the property tax. The City Manager suggested a draft resolution be drawn up for the next meeting Council could decide then. 07.108 A. Report on Final Draft of Code Enforcement Guidelines (Final Guideline) 239-255 This item was carried to the May 23~d meeting. 16. CITY CLERK MATTERS None. 4~ ~< Regular City Council Meeting May 9, 2007 Page Fifteen 17. CITY COUNCIL MATTERS A. Council Member Simchick None. B. Council Member Wolff 04.217/07.109 i. Discuss Mooring_Field Mr. Wolff asked if there was any interest in hearing a presentation by Captain Hiram's for apublic/private mooring field. All members agreed to hear a presentation the first meeting in July. C. Mayor Coy Mayor Coy asked permission to send letter to Governor's office expressing support for the state budget line item of 1.6 million for the "By the River" assisted living facility. City Council supported her sending the letter. She also asked permission to present Ma with key to the City at the upcoming Kashi Ranch Celebration. All members agreed to a proclamation instead of a City key. D. Vice Mayor Neglia Mr. Neglia reported on phone calls expressing concern for people who have hurricane shutters and cannot put them up. He suggested a list of volunteers be started and kept at City Hall for people to use. The City Manager said he would check with Council on Aging to see what kind of services are available in that regard. E. Council Member Paternoster Mr. Paternoster reminded the public that his May 22"d public forum will be held. He also requested a resolution be brought back naming the first field at Barber Street after Michael Abt. This item brought the meeting to a close at 11:02 p.m. 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) ;~~"~ 15 ~L cm or °"' HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. U 7. (( U Approved for Submittal by: City Manager Department Origin: P lice De t. Finance Director: City Attorney: City Clerk• Alfred A Minner Date Submitted: May 15, 2007 For Agenda of May 23, 2007 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $11,000 -0- $11,000 from Forfeiture Fund SUMMARY The Sebastian Police Department has presented the Gang Resistance Education and Training progam for the last four years. G.R.E.A.T. is a State certified follow up progam to D.A.R.E. that is taught by our School Resource Officers, mainly to middle school students. The program is ordinarily funded by a Federal Government grant at a cost of approximately $13,000 per year. It provides overview exposure to elementary students and in depth training for middle school students as well as a two week summer progam for 22 students. This year our City was accidentally omitted from the mailing list which resulted in our missing the gant period. The School Resource Officers made an effort to fund the program by holding a ear show at our airport earlier this year. They raised $2, 500. We feel that the G.R.E.A.T. program is so important to the youngsters that we would like to fund the additional expense from our drug forfeiture fund. RECOMMENDED ACTION Approve the appropriation and expenditure of up to $11,000 from the drug forfeiture account to fund the 2007 G.R.E.A.T. progam. This is an allowable expense of the fund by state statute. ~1 5~ arc a ~Y ~ HOME OF PEUC/W ISUWD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Recommendation -Merging Tree Agenda No. C~ 7- C>5 ~7 and Landscape Advisory Board and Temporary Environmental Advisory Board Dept. Origin: City lerk into Natural Resources Committee City Attorney: Approved for Submittal by: Date Submitted: 5/15/07 For Agenda of: 5/23/07 AI Minner Exhibits: Expenditure Required: Amount Available in Budget: Appropriation Required: 0 SUMMARY STATEMENT Per Council direction at its April 25"'' meeting a joint workshop was conducted by the Tree and Landscape Advisory Board and the Temporary Environmental Advisory Board to discuss merging the two boards. Following discussion a motion was unanimously approved to form a new Natural Resources Committee to consist of current members of the Temporary Environmental Advisory Committee and the Tree Board to include everybody who is currently serving and that both committees be terminated upon forming of the new committee. Further, members of the two committees are working on a new mission statement and suggested duties. I Members of the committee will make their formal recommendation to Council on May 23`~ to merge the committees into one. The recommended mission statement and language will be discussed at the June 5"' meeting of the Temporary Environmental Advisory Committee with the two of the remaining three members of the Tree Board in attendance. RECOMMENDED ACTION If Council is inclined to proceed with the merger, direct the City Attomey to draft an ordinance to establish the new committee for first reading. The draft ordinance will be provided to the two committees for review on June 5th. The City Attorney's draft ordinance and any recommended language from the committees will then be placed on the June 13~' Regular Council Meeting agenda for Council review, amendment as deemed appropriate, and first reading. r,3 i~ L~ an « ~+~'~~ `~ ~`- HBME Oi PEUGN ISUWD Subject: Construction Board Position Agenda No. ~ y~ . U l ~ Approved for Submittal by: City Manager City Clerk's Office Department Ori ~ City Attorney: Date Submitted. 5/15/07 AI Minner For Agenda of: 5/23/07 Exhibits: Code Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Pursuant to Section 2-173 of the Code of Ordinances, "any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three consecutive meetings without an acceptable excuse." Greg Conover has missed three consecutive meetings since October 1 ~, 2006. To achieve proper membership, Mr. Conover should be removed. RECOMMENDED ACTION Remove Mr. Conover in accordance with Section 2-173 of the Code. . -~ ~`? U § 2-172 SEBASTIAN CODE hearing, the member may present evidence and argument as to why the removal should not occur. The member may be represented by legal counsel and all proceedings shall be recorded on magnetic tape by the city clerk. The decision of the council may be either to remove, suspend, reprimand or to absolve the member. For purpose of this section, the effective date of removal of a member shall be immediately after the expiration of the time in which the member has the right to request a hearing before the city council. If the member timely requests a hearing, and if the city council decides to remove the member upon the conclusion of the hearing, the removal shall take effect immediately. If a member timely requests a hearing, but withdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. (Ord. No. 0-97-56, § 7, 9-25-97) Sec. 2-173. Attendance requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board or committee that a member has not complied with the attendance requirement, the city council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to section 2-172. (Ord. No. 0-97-56, § 8, 9-25-97) Secs. 2-174, 2-175. Reserved. DIVISION 2. CODE ENFORCEMENT* Sec. 2-176. Created. There is hereby created and established pursuant to the authority granted by the Local Government Code Enforcement Boards Act, F.S. Chapter 162, and administered under the procedures set forth in said act, the Sebastian Code Enforcement System utilizing a special magistrate to be appointed by city council. (Code 1980, § 2-91; Ord. No. 0-93-16, § 1, 2-9-94; Ord. No. 0-98-10, § 1, 11-18-98; Ord. No. 0-06-06, § 1, 7-12-06) Sec. 2-177. Administration. (a) The city manager shall have administrative responsibility for the enforcement of the Code and the activities of the enforcement officers. *State law reference-Code enforcement, F.S. ch. 162. Supp. No. 39, Rev CD2:18 J~ ~~ 551 City of Sebastian, Florida C~ ~' ~~ crrY ~TT~~v~Y n ~~~ AGENDA TRANSMITTAL Agenda No. ~. ~~ Subject: Urban Service Area Issues: Date Submitted: 5/16/07 FS 171 Responsive Resolution R-07-21; R-07-22 Temporary Interlocal Agreement .For Agenda of: 5/23%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 the responsive resolution set forth as Resolution R-07-21 no later than June 17, 2007. Because it is anticipated that negotiations will take more than a year to settle all the issues of urban services in the county, it has .been proposed that a temporary interlocal be executed to maintain the "status quo", subject to certain exceptions, during the course of discussions. Vero Beach adopted the .proposed agreement on May 15`x, the other local governments are addressing it during the coming weeks, and it is presented to Council through Resolution R-07-22. The language of the proposed interlocal only limits annexation for land outside the Urban Service Area boundary. Almost all the land identified by the City Manager for potential annexation following Council's discussion at the last meeting lies within this boundary, the primary exception being land south of CR 510 which is not really ready to develop in the coming year anyway. For this reason, and in light of the speed of the process (remember, Vero has already acted upon the agreement), it was felt that trying to change the draft of the agreement would present limited rewards that were outweighed by the potential to derail the progress being made in these regards. RECOMMENDED ACTION: Action #1 -Move to adopt Resolution R-07-21. Action #2 -Move to adopt Resolution R-07-22. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: _~~ 1 ~o RESOLUTION R-07-Z1 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PURSUANT TO FS 171.203 RESPONDING TO THE INVITATION OF THE CITY OF FELLSMERE TO NEGOTIATE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WHEREAS, the City of Fellsmere adopted an initiating resolution pursuant to the Interlocal Service Boundary Agreement Act and invited the City of Sebastian, along with the other local government jurisdictions within Indian River County, to negotiate an agreement concerning annexation, land use, density and height of certain lands that could potentially request annexation into that City in the future; and WHEREAS, the City of Sebastian must adopt a responding resolution indicating its willingness to negotiate these issues, as well as indicating any other issues which it desires to negotiate, or be bound by the agreement resulting from the negotiations held by the other jurisdictions; and WHEREAS, the City of Sebastian finds there are issues vital to the well-being of its citizens that should be subject of such negotiations; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: 1. The City Council of the City of Sebastian accepts the invitation to take part in the negotiations initiated by City of Fellsmere Resolution No. 07-H. 2. The City. of Sebastian intends to negotiate the following additional issues: a. Annexation reservation areas and binding future boundary limits for the cities of Indian River County. b. Planning, timing and financial responsibility for public infrastructure within the subject areas. c. Planning, timing and financial responsibility for governmental services within the subject areas. d. Interfacing-and coordination across intergovernmental boundaries in the execution of items b and c. e. Land uses within the subject areas. 3. Additional land areas .that the City of Sebastian intends to address in these negotiations are all parts of the unincorporated area of Indian River County not otherwise made subject to negotiation by the initiating resolution, as depicted in the map attached hereto as Exhibit "A". SO RESOLVED this 23`d day of May, 2007. ~` The foregoing Resolution was moved for adoption by Councilmember motion was seconded by Councilmember follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The and, upon being put to a vote, the vote was as The Mayor thereupon declared this Resolution duly passed and adopted this 23rd 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 C~'~ ~--` RESOLUTION NO. R-07-22 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AUTHORIZING AN INTERLOCAL AGREEMENT TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE WHEREAS, the City is empowered to enter into cooperative ventures with other local governments under the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the City is presently negotiating an Interlocal Service Boundary Agreement pursuant to Florida Statutes Chapter 171, Part II; and WHEREAS, this process may take a year or more; and WHEREAS, the City determines that it would be in the public interest to maintain the status quo until the negotiating process is completed; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized on behalf of the City to execute the attached Interlocal Agreement. 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 Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 23rd day of May, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC Approved as to form and legality for City Clerk reliance by the City of Sebastian only: Rich Stringer, City Attorney ~~ An Interlocal Agreement Under Chanter 163 Florida Statutes Relating to Chanter 171 Part II Florida Statutes. ^ This Agreement is made the date last written below by and between Indian River County, the City of Vero Beach, the City of Sebastian, the City of Fellsmere, the Town of Indian River Shores, and the Town of Orchid. WITNESS THAT: WHEREAS, the parties are empowered to enter into cooperative ventures by Section 163.01 Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and, WHEREAS, the parties to this agreement, all local general-purpose governments organized under the laws of the State of Florida, aze presently negotiating an Interlocal Service Boundary Agreement including an annexation plan for certain areas of the county pursuant to the method provided in Chapter 171, Part II Florida Statutes; and, WHEREAS, the staff assigned to this process by each party believe that this process may take a year or more; and, WHEREAS, the parties thus feel that it would be in the public interest to maintain the status quo until the negotiating process is completed; and, WHEREAS, the staff assigned to the negotiating team have suggested that a temporary agreement be entered into which would prohibit certain activities from occurring in relation to land which is now in the unincorporated area and outside the urban service area; and, WHEREAS, this temporazy agreement would expire in one year unless extended by agreement of all parties: ~, 1 of 3 C~~~1 I I C:\Documents and Settingslsmaio.SEBASTIAN\I.ocal Settings\Temporary Internet Files\OLKF3\Urban Services Temporary Agreement 5-10-07.doc NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for such other good and valuable consideration, the undersigned parties agree as follows: 1. Ado,.ption of Restrictions pertainin tg o Height, Density, Annexation, and Urban Service Line Changes on Unincorporated Land Outside the Urban Service Area Except as provided for in sections 2 or 3, for one year from the date of this Agreement: a) There shall be no annexation of land that is, as of May 1, 2007, in the unincorporated area of the county and outside the county's urban service area; b) There shall be no changes to the boundary line delineating the county's urban service area from what is was on May 1, 2007; and c) There shall be no increases in height limits or residential densities for Land that was in the unincorporated area of the county and outside the county's urban service area as of May 1, 2007. 2. Restriction May be Changed by Super-Majority Vote Any restriction in section 1 may be overridden by asuper-majority vote of all the parties to this agreement. 3. Grandfathering Clause, Legal Challenges This Agreement does not apply to lands for which annexation applications or petitions have been submitted before May 1, 2007, nor does it preclude any party from bringing challenges to such annexations or related comprehensive plan amendments. 2 of 3 C:\Uocuments and Settings\smaio.SEBASTIAN\Local Settings\Temporary Internet Files\OLKF3\Urtran Services Temporary ~ „~ Agreement 5-10-07.doc ~(r 4. Execution of Multiple Copies This Agreement may be signed in multiple copies, each of which shall be deemed an original. 5. Removal from Agreement Any party may remove itself from this Agreement by adopting a resolution of its governing body to that effect. Such resolution shall take effect no earlier than the expiration of one yeaz from the effective date of this Agreement; except that in the event that the county conducts a first reeding of an ordinance proposing a home rule charter or the parties cease negotiating an Interiocal Service Boundary Agreement, such resolution shall take effect as provided in the resolution. 6. Effective Date This Agreement shall become effective upon filing with the Cierk of the Circuit Court of Indian River County pursuant to Section 163.01(11) Florida Statutes. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date written below. .~ ~ 3 of 3 C:\Documents and Settings\smaio.SEBASTLANU,ocal Settings\Temporary Internet Files\OLKF3\Urban Services Temporary Agreement 5-10-07.doc era S~B~T ~ PELICAN ISIHND HOME OF City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Fleming Street Agenda No. ~ ~. ~ ~ Approved for Submittal by: Dept. Origin: ' City Attorney: ~~ AI Minner Date Submitted: 5/16/07 For Agenda of: 5/23/07 Exhibits: 2 pgs City CLOP SUMMARY STATEMENT At the April 18th Regular Meeting Council Member Simchick requested an item regarding a proposed extension of Fleming Street for the next agenda and by consensus Council agreed with the City Manager to place the item on the May 23, 2007 Regular Meeting agenda to give staff time to compile information. Phil Matson, Indian River County Engineer and MPO Coordinator will make a presentation to Council on Traffic Modeling, followed by a presentation by Council Member Simchick who has invited Ruth Stanbridge to make a presentation on the grant reimbursement. The only backup at this time is two pages of the City's Comprehensive Land Use Plan L (~~ X ,6F SEBASTIAN CHAPTER 2• TRANSPORTATION ELEMENT .icy 2-1.9.4: Proposed Roadway Capital Improvement Program. The City of Sebastian shall ordinate with FOOT and Indian River County to ensure that the 2020 roadway improvements identified . the table below are completed in a timely and cost efficient manner. The table below also identifies the estimated cost, the timeframe, and the funding of the improvement. This table inchuies projects listed on the Long Range Transportation Improvement Programs by Florida Department of Transportation (FOOT), the City, and the County. ROADWAY/LINK IlYiPROVEMENT SOURCE ESTIYi IATED TIlVIEFRAME COST US 1: CR 512 to North Ci Limit Add 2 lanes FOOT ZOl i-2015 $3 485,000 CR 512: West C' Limit to Roseland Rd Add 2 Lanes Coun 1996-2000 $2 500 000 CR 505: CR 512 to North Ci Limit Add 2 lanes Co 2006-2010 $5 981,000 Schumann Drive: South Ci Limit to US 1 Add 2 Lanes Co 2001-2005 $3 2,000 Flemin Street extension ROW A ' 'tion Ci /Corm 1996-2000 $100 000 Barber Street: CR 512 to US 1 Add 2 lanes C' 2001 2005 $1 61000 US 1 and Main Street Intersection State 2001-2005 $60,000 Indian River Drive and ITS1 Intersection State 2001-2005 $60,000 Source: Indian River County Transportation Element, Indian River County Community Development Department, 1998 Policy 2-1.9.5: Other Potential City Roadway Lnprovements to be Evaluated. The City of Sebastian shall amend the Capital Improvement Schedule on an annual basis to incorporate improvements to local roadways determined to be necessary in order to maintain level of service andlor improve traffic circulation. Potential road improvements which shall be evaluated in the future include the following: LOCAL STREET SYSTEM POTENTIAL IlVIPROVEMENTS l) Easy~Street As stated in the data inventory, in the fim~re South Easy Street shad be resurfaced, and extended south to Schumann Drive. This improvement will provide more efficient north south Iinka a connectin Schumann Drive CR 5I2, and Main Street. (2) Vocelle/Fleming Avenue Vocelle Avenue is eaneaging as an important east west linkage whidt currently connects CR 505 (Roseland Road} with CR 512. With the proposed commercial development of the Chesser Gap site ai the intersection of Vocelle/Fleming and CR 5 i2, traffic patterns within the area will change significantly. Additionally, the extension of VocelleJFleming through the Chesser Gap PUD should be Linked with the extension of Easy Street and throu to US 1. (3) Wimbrow Drive The eastern segment of the South Wimbrow Drive corridor should be improved to tie into the proposed south extension of Gibson Street, at CR X12. This improvement would provide substantially enhanced north-south access. The improved corridor would service . not the northeast Sebastian Hi . (4) Powerline_Road Powerfine Road is to be located east of Easy Street' and west of Louisiana Avenue between Main Street and CR SI2. The proposed corridor world poravide access to major undeveloped areas north of CR 512 as well as safe and adequate collector service for north-south traffic in this elder section of Sebastian. (5) Louisiana Avenue Louisiana. AveatLe needs to be improved The segment ~ Louisiana Avenue between Main _ Street and CR 512 serves as an important fink between these two roads_ The narrow pavement and r~ghtt of-way should be improved in order to provide adequate service for future traffic needs. (6) Proposed Orange Orange Avenue is p~ropaseci as a minor collector street servuang the residemial area north Avenue E=teesion of Sebastian EIe SchvaL Under this proposal, Orange Avenue would be ~ eastward to tie ae with fhe prtrpvsed Poweriine Road. This im~ovemeat would substantially enhance east-west traffitc Sow arecl aIIy enbaace ~i'ty to residual areas north. of the SebastianEi Scimoi. Comprehensive Plan Goals. 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C •,~ N O 10 o~ b C a 0 ss. trlY at ~~ HOME Qf FELiCAN 151.ACID City of Sebastian, Florida Subject: Additional $25,000 Low Income Agenda No. ~~~ . ~ ~ Senior Exemption Department Origin: Finance`~;~ ~y`"~~ / _ Approved for Submittal by: City Manager Date Submitted: May 16, 2007 For Agenda of: May 23, 2007 Exhibits: Emergency Ordinance 0-07-09 EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A N/A SUMMARY On February 24, 2004, the City Council adopted the Ordinance 0-04-02 to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five, and whose household income does not exceed $20,000 as adjusted periodically for changes in the cost of living. The 2007 Legislature enacted Chapter 2007-4, Laws of Florida, effective April 9, 2007, and retroactive to January 1, 2007. The new law increases the additional exemption for low income seniors that cities and counties may grant from a maximum of $25,000 to a maximum of $50,000. Under current law, counties and municipalities must deliver a copy of the ordinance providing for the additional senior exemption to the Property Appraiser no later than December 1 prior to the year the ordinance will take effect. For the 2007 tax roll only, a county or municipality that .has adopted the exemption for the 2007 tax year may increase the exemption by delivering a copy of the adopted ordinance to the Property Appraiser by June 1, 2007. Based on the information provided by the Property Appraiser's Office, there are a total of 480 households within the City limits qualified for the exemption status in the 2007 tax year. The financial impact for, the additional $25,000 exemption on the City's tax revenue based on the number of eligible senior households in the City is $36,623 or approximately $76 per qualified household if the City's millage rate remains unchanged as 3.0519. Due to the uncertainty of the tax reform as well as slow down on new construction and appreciation of property value in the City, staff anticipates either a flat or decreasing in the General fund Ad Valorem tax revenues for FY 2007-08. If the City Council decides to grant the additional exemption, an ordinance must be adopted and forwarded to the Property Appraiser's Office before June 1, 2007 in order to be included on the 2007 tax bill. RECOMMENDED ACTION Due to lack of time, should Council decide to move forward with this additional exemption, it will have to be adopted by an emergency ordinance. In accordance with the City Charter, an emergency ordinance must have four affirmative votes. ~\ _/ f ~ ! `v.._,_,__; EMERGENCY ORDINANCE NO.0-07-09 AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION; PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Article VII, Section 6(f) of the constitution of the State of Florida authorizes the legislature, by general law, to allow counties or municipalities to grant an additional homestead tax exemption, which amount was recently increased from a maximum twenty-five thousand dollars ($25,000) to a maximum exemption of fifty thousand dollars ($50,000), to any person who has title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income does not exceed twenty thousand dollars as adjusted periodically for changes in the cost of living; and WHEREAS, Florida Statutes authorizes a municipality to adopt an ordinance to allow this additional homestead exemption, which has likewise been increased to $50,000 in the recent legislative session, with a provision authorizing the use of an emergency ordinance prior to June 1 S` to give effect to the increased exemption for the current tax year; and WHEREAS, the City Council elects to implement the additional homestead exemption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. SENIOR HOMESTEAD EXEMPTION INCREASED. That Section 2-121 of the_ City Code, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-121. Additional Homestead Exemption. • , An additional homestead exemption in the amount of ~~~ fi~ft thousand dollars 50 000 ~~, which additional homestead exemption applies only to taxes levied by the City of Sebastian, shall be allowed for any person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five (65), whose household income does not exceed twenty thousand ($20,000) as such amount has been adjustment in accordance with Fla.. Stat. Section 196.075 (3), and who submits to the Property Appraiser a sworn statement of household income as required hereafter. ~' ~~ Section 2. APPLICABILITY. The additional exemption provided herein shall take effect with the current tax year,. as provided bylaw, and notice of adoption along with the. information required under the provisions of statute shall be immediately transmitted to the proper authorities. Section 3. SEVERABILITY. If any section, paragraph, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance shall take effect upon adoption. The foregoing Ordinance was moved for adoption by Councilmember . 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 and, The Mayor thereupon declared this Ordinance duly passed and adopted this 23'~ 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 ~4 AGENDA .TRANSMITTAL Subject: Security Improvements at Sebastian Municipal Airport. Approved for Submittal by: AI Minner, City Manager Exhibits: three Agenda No. (~ ~, 1 I Z Department Origin: rlunicipal Airport Joseph Griffin ~i...- Finance Directo . ~ hai rancis City Clerk: Ms. Sally Maio City Attorney: Mr. Richard Stringer Date Submitted: May 16, 2007 For Agenda of: May 23, 2007 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $17, 935 $37,500 REQUIRED: $17,935 SUMMARY On April 5, 2002, the Sebastian Municipal Airport secured a Joint Participation Agreement with the Florida Department of Transportation for security improvements. Part of that grant award was used to purchase adouble -wide mobile home to house an on-site City Of Sebastian Police Officer and his family. The Officer was to be housed on-sight to provide airport security and periodic patrol, to assist tenants with security issues, and to provide an incentive to prospective tenants in economic development efforts of the airport. The mobile home was purchased from Central .Mobile homes of Micco, Florida at a cost of approximately $100,000. The home was installed on airport property, inside the Air Operations Area (AOA) under the direction of the previous airport director. When the current airport director was hired by the City Of Sebastian, he directed that all construction activity be stopped regarding the `security quarters' and that the move-in of the Police Officer be postponed. The current airport director initiated contact with the FAA in Orlando regarding the issue and it was agreed that the `security quarters' should be moved outside of the AOA. A suitable site has been chosen outside of the airport AOA in close proximity to automatic gates. This will ensure adequate `response time' in case of a security breach. Three bids were solicited from certified/licensedinovers. An evaluation of the bids hinged on experience, product familiarization, and ability to provide a `turn-key' result for the city. Copies of those bids are included in this submittal. RECOMMENDED ACTION Approve funding of $17,935 to HarrinQton's Mobile Home Service to move the security building at the Sebastian Municipal Airport. C ~`,1 FROM HARRINGTON FRX N0. 321-729-8923 May. 16 2007 09:15AM P1 Ps'opasai >E~a::iia~r~~tait's Mob>i!e gos~e Se>~vi~e $9U Brookfield ST SE Palm Bay FL. 3Z~309 Ph:(3Z?) 729-8923 Fax (32?) 7Z9-8923 UG #1 H0000 T 4 T We hereby submit specifications and estimates #ar; Relocating 32' x 76' Fleetwood manufactured home on Airport Property carpet seam $2ao.o0 plumbing, $ 750.00 electric service 180 ft. to transformer re-install pedestal, a/c recon $3300-00 Reinstall skirting FSI vinyl ~ $2,00 per fr $560.00 Tt~stall 900 gal, septic tank and drain field $4625.00 ~5 Iaads sand] Nate if existing tank can be saved take aff $300.00 Mavtng home will produce stress cracks in drywall, repair and painting will be required. $35.00 per hr. and material cast. iJthers to da ~nai grade Tata1 17,935.00 ,plus Hermit fee and interior repair To include, building permits, $250.00 Pips permit fee Separating unit and preparing far transport $3200.00 setup, $4500.00 interiar trim) $550.00 AA material is guaranteed as specified. All work. to be completed in a workmanlike manner according to standard practice. Any alterations ar deviations from above specificatiox~,s involving exd~a costs, will be executed upon written or verbal orders, and will become as extra, charge over and above the estimate_ Batance due upon comple ~dll Authorized Signahtre ' Authorized Signature ~!~ `, .: ~Rt~P~SaL _ _ __... _ _ _ . . RFV~R GHO~V>>^ ANTI=RPI#ISFS r 8'160•t: etrttrat Aaex ~ Mkca, ~ a~ ~~. coml~•!ti Resldarrt4al Bufldere sc~re~t~ardfba acsCostaio Office: (7'7'2)664x9'190 Fax: (77'2) 6~-496 We hereby prgpo~e to furnish the materials and perform the labor rleoessary for the cotrtpletian of All material is guaranteed to be es specified, and the above work to be performed in accarclanoe with ~ drawings end specit'i~ cations submitted fior above wank and acrrPleted in a substantial vuorktnantiitt? manner for the sum.+~f with paymetn5 to be m&de aS follows. y ~,~, Gt„~/?ri*/~t~'r+f ~o~Ce~~,fi.~~+~Gc,,~4. c~Pr pow p 1 ~ -I- L 14 c,.S 4, t f~C~. ~'P Rat. ~- ~' [~"~ "`~ GSA Respectfully submitted ~'"' ~ exoeutodrarrdeviatlon won arderand~wlY~bacs omnr- enda~ ~ Per - y porn e~-arge over and ebpve the eatlrnate. AtI agreements oonHngent upon euile~, aaci• ' Gents, or delays beyond our rantrd. i'~~ per month on unpaid bal~rrck. Note - ThIS sal ma be Withdrawn wa hgree to go to arbtlratlon in the avbrrt of any and aif ~epnMe. P~Pd Y by us if not aacepted within __ days. ACCEPTANCE (7F PROPOSAL The above prices, specifications and conditions are saiisfactary and are hereby accepted. Yau are authorized to da the work aS ' ted. Payments wilt be made as ouNirred above. • IA~ signature Date Signature 1AK5RK T'b RE PEF~bRi~At=D AT: PF10Pr;7SAl. St16MiTT~D TD: ~!~OPOSA~~. ~F.1C~,~[ ~~ ~~POS~ No. - - I J~} ~ if l sHEErrio. ~Q.~JJ^~t,j '~ !~ :~'7JoC :~' ~r~ - ofd S~/ ° E ~J..~~ a~~'D PROPOSAL SUB,~IITTED T0: il~,y) i!~/J~ ~~ix~ G%~.~~~ 1ti~ 'o'de the arm t labor neceGsary f^+r 18 compl lion of r ` `. -g ~ l i I r- f' ~ .~ 0 1 J .J ~ c 1 r V J111 matan2i .S (r"+tlcfaCic9G (O ire aS a"p$Gii'e~, ~:rii l(!.. c:l.~4L' ;.Jr4 ~~ J.; ,~~„r orrrcc: i~. uccorJa~~nce~.((lltil lh~ GrEsl•~^~~i~•d 31~J Spy:"~yiv^i:ti,^.f1S r "ad 'or abc•~e ~v d< :~,~ aomple?ed i~ a subsianliaf wJCrkmanlike manner for tine sum o~~~f _ ~/~-r~.a.~ `• ~ h~ ~ ~ Dollars (~.~ _~~~._-/.--_~.---) evith payments to be made as follovls: ~~ ~ ~' " 7C,~ .c~Xi~~~ •G~/"/L~I.CJt' /~~-~.•~G+~~`'G~C_/ Respectfuily submitted Gr?/ ~~"' "~ __... - -•-- qry ere~aten ur de~:.a+ian Iron eh~~ae snec'ca!rcns :Trohiire extra cn:~ `-' - ~, :vill be uxalou ony upon wriaer orrJar. aro t<ri!I 9:"~'ae an a;t7a dtar~e Per __ _ __._.__.-- - aver anC &ro:a L'tl catimale- AIE a;reer,>G; s ccn:jnpev upon sates. a. crde~te.ordetaysbayonaurcorval. i'J61e -This aropOSal may b? w'ithdr~wn 1 b^! us if not accepi~d wP~rin . ___dars. I The bc~~e prices. speci":cations ar;d condifans are sati~lactor~+ an; are h,,rLbw ecc°;,?ieCt. You ;.ors auiherized to ~o iha vdork as specified. Payments tivill b =made as outlines moue. Signat~r~ _ Date -._--- . -- Sig~a'.ure _ ~~,~3 PROPOSAL aAa,u I+'HfiE :FJ USa ~t~~~I~TEi~ j-SJ~ 1.•I ry L:.~vl ~IEBASTIAIIT ~U1vI~IFAL AIRPORT'` SJ Si[Y OF sue- HQ14[Ir OF PELIGN ISLAND A (':F.NiI A TR A NCMTTT A T, Subject: Construction of Airport Agenda No. (~ 7, 11,,3 Maintenance Building Department Origin: Mun' ipal A Joseph Griffin Approved for Submittal by: Finance Director: S i r is City Clerk: Ms. Sally Maio City Attorney: Mr. Richard Stringer Al Minner, City Manager Date Submitted: May 16, 2007 For Agenda of: May 23, 2007 Exhibits: 1. Re'ected bids; 2. FAA construction schedule EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $270,000 $270,000 REQUIRED: -0- SUMMARY In late 2004 and early 2005, the City Of Sebastian airport staff was successful in procuring two (2) hurricane damage related grants. Grant 1 provided for FAA 100% funding for damage repair at $332,000. Grant 2 provided for FDOT participation at an 80/20 split with the city. Total value of Grant 2 was $125,000. Numerous repair projects have been completed. Most notable was the replacement of the damaged Super Unicorn with a SuperAWOS unit. The grant assurances also provided for the replacement of an Airport Maintenance building that was hurricane destroyed. This is the last `project' associated with the aforementioned grants. In addition, it must be noted that `time is of the essence' on project completion, or the grants will be rescinded by the FDOT and the FAA, thereby denying the city replacement of an important asset. In April 2007, airport administration, in concert with LPA Group Consulting, initiated a formal bid process soliciting proposals for the construction of an airport maintenance building. Two (2) bids were submitted. AWM Construction of Ft. Pierce was the `low-bidder' at $294,233 fora `Base-Bid' building. The Watau ag Company of Titusville bid $337,100 for the same `Base-Bid' building. Both bids were over a projected budget by a considerable amount and, therefore, rejected. After consultation with the City Manager, your Airport Director entered into negotiations with AWM Construction in an effort to find efficiencies that could result in a reasonable contract within budget parameters. Your Airport Director was also authorized to solicit proposals from metal building suppliers, and various trade sub-contractors, in an effort to act as the airport's `de facto' contractor for the project. To that end, and because of a restrictive time constraint imposed by the FAA, authorization is needed, if subsequent proposals are within budget, to immediately enter into .--,, construction contracts for the building. -` ` ,~ ~\ As part of this submission, copies if both rejected bids are enclosed along with an FAA approved construction schedule for the project., RECOMMENDED ACTION 1. Move to authorize construction contract award to AWM Construction not to exceed $270,000. 2. If rejected by AWM Construction, move to authorize construction contract award(s) to metal building supplier(s) and appropriate trade sub-contractor(s). Aggregate amount of project not to exceed $270,000. n~ ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) TO: Sebastian Municipal Airport 1225 Main Street Sebastian,.FL 32958 Ladies/Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled Airport Maintenance Storage Building, Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as required, by .Nn n _ M ~ „,a ~ +- ory (Name of Person or Persons) on Q,L~~ n.7 (date or dates) the undersigned hereby seeks qualification to furnish all labor and material and to perform all work as required by and in strict accordance with the above-named documents. Principal Office Address: 4275 Capron Road Titusville, FL 32780 (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in construction work has your organization had as a general contractor? Twenty Years As a Subcontractor? N/A (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (LJse additional sheets if necessary}. Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/I'el Title Amount Completion Date Completion Date of Owner Ph(850)488-5372FDEP-3540 Thomasville Rd. SavannaG P ~ M a1 Shotz-p R1 rig _ ~1 C1~, Qn~ _ Az r; 1 r nF Tallahassee, FL S h n n R 1 t~ g_ (~ 7 1~ i t~ k i n a n n ~ P r~=-r 7 Q s~ M a ~' e 1'3 r ~E3-~S-rir~~' '~y^pg) volusia Schools ~- Ac~ i _i~l t>>rP B1 cog @ T1~ Tarlnr M ~ 4-7,~~-, 8E1-9--~`'la~-' 97 375() nl inn n.-; Ve ~ ~.~ Daytona Beach, FL (386)947-8786 Airport Maintenance Storage Building Bid Documents Apri12007 Page 2-8 of 87 (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. No (6) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner and reason therefor. (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. Employees-(7) Seven (8) What is your bonding capacity? ~, n n n, n n n_ n n (9) What amount of your bonding capacity has been used as of the date of this bid? - ~J Airport Maintenance Storage Building Bid Documents Apri12007 Page 2-9 of 87 (10) How many applications for performance and payment bonds have you made in the last three (3) years? (5 0) F i f t y (l 1) How many of these applications were not approved?~,,,, o (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) Airport Maintenance Storage Building Bid Documents ~~ ~ _~ Apri12007 Page 2-10 of 87 ,.,<~ I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. Respectfully Submitted, lle, FL 32780 (Title) (Date) (Address and Telephone No.) (3 21) 2 6 7 - 5 7 8 5 FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: ~'..c;rA ~ 7 ~,.1-8 Classification: General Contractor Monetary Limit: None *ATTACH A COPY OF APPROPRIATE LICENSES ~~ ~. Airport Maintenance Storage Building Bid Documents Apri12007 Pave 2- I I o; 87 ~~n...~ ~~r~1L V` 1 ~.vaui.r~ - DEPARTMEN'P OF BUSINFSS`ANrD PROFESSIONAL REGULATION _ ~ ~ ' '~ CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 .~~~ TALLAHAS gEMONROE STRELT32399`-0783 SNODGRASS, LYNN ALVIN TIC WATAUGA COMPANY 4275 CAPRON ROAD TITUSVILLB FL 32780-6732 ~ _~,:.;: _'~i~_:.u~k~_:~i;*'.•~i, ,iii-_. 3:}}"ny. `.' ~RQ~}sSS,~'OI~I;~.RSC~TIOIQs~'r :,:1.~r _ -,. CGCA375I~ = .-0T'~2z<~,~;Q6~ Q5cd~5~7,~3 ---_`CERT=FIEff G~Q~r.:'.CONTC_TQ~it~; =--:;=_ SNODGRASS, ~ LYNIT-ALVII~F °= ;;~ -,,;r,t THE WIiTAUGPI, CO2+iPAPiSC = --_ -::f;-- -- - -- ~.. ,4. - ~I~~CS&TIPIBa=under ~prav3afoa~ot C!i 4:8g F~ ~.~..:.... ~~ AII~~1~:3tfQ& --`'t=iosoartabzi~ ~~~ DETACH HERE r~~ t ,,~ Airport Maintenance Storage Building Bid Documents Page 2-12 of 87 April 2007 ._,,, ATTACHMENT 2 (DRUG-FREE WORKPLACE FOR1Vn 1 The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that The Watauga omnan~ does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United Stated or any state, for a violation occurring in the workplace no later than five (~) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirement Date: 5-04-07 ~~~ Airport Maintenance Storage Building Bid Documents Apri12007 Pale 2-13 of 87 G Airport Maintenance Storage Building Bid Documents April 2007 Paoe 2-14 of 87 ~, ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) t SWORN STATEMENT UNDER SECTION 287.133(3)(a). FLORIDA STATUES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.01 This sworn statement is submitted with Proposal for Airport Maintenance Storage Building, Sebastian Municipal Airport, City of Sebastian, Florida. 1.02 This sworn statement is submitted by (name o entity submitting swom statement) whose business address is 4 ~ 7~ C' a n r n n ~7=, m; t L~ s v~ 11 p, F L ~ 2 78.0 and (if applicable) its Federal Employer Identification Number (FEIN) is 5 ~ - ? R 5 7 f3 ~ h (If the entity has no FEIN, include the Social Security Number of the individual signing this swom statement:( ). 1.03 My name is Jason L . S n o d q r a s s and my relationship to the (please print name of Individual signing) entity named above is : Vice P r e s i c3 e n t 1.04 I understand that a "public entity crime" is defined in Paragraph 287.133(1)(8), Florida Statues, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entin~ or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.05 I.understand that "convicted" or "com~iction" as defined in Paragraph 287.133(l)(b), Florida Statutes, means a finding of Built or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry plea of guilty or nolo contendere. 1.06 I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues, means: (1) A predecessor or successor of a person convicted of a public entity crime: or (2) An entity under the control of any natwal person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement; shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida dwin8 the preceding 36 months shall be considered an affiliate. 1.07 I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natwal person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Airport Maintenance Storage Building Bid Documents Apri12007 ~"~` ~/ ,s Page 2-15 of 87 1.08 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) _~_ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1,1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings, the final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the fmal order.) The person or affiliate was placed on .the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) SVy~~RN STATEMEI~,Y~Pt~BLIC ENTITY CRIMES (CONTINUED) J~s n L. St~dK~rass, Vice Presiden P' _na_n~ STATE OF FLORIDA COUNTY OF Brevard The foregoing instrument was acknowledged before me this 4th day of M aY , 2007 by Jason L. Snodgrass Vice President (title) on . behalf of The Watauga C o . (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ()did not () take an oath. My Commission Expires: 2 - S -10 Commission Number: NO RY PUBLIC END OF SWORN STATEMENT -PUBLIC ENTITY CRIMES tip; Airport Maintenance Storage Building Bid Documents ~ ................... ~...w JOHN VOGELBgC~ HOER ~~~'~ Bonded thy ~app~2u; Fl ~•. i ....................~~ •nau~iwAuN~~.u~i Page 2-16 of 87 April ?007 ~\ ATTACHMENT 5 (BID SCHEDULE) PROJECT LOCATION/DESCRIPTION: Sebastian Municipal Airport. Sebastian Florida, Airaort Maintenance Storage Bw7ding Liquidated Damages shall be assessed in the amour of $200%alendar day for days in excess of 90 Calendar Days for Construction and substantial completioq 30 for punch-out. See DWG Cl.l and Section 1230 for a detat7ed description of bid alternates. Item Na Item Description Unit aan ' Unit Price Extension Base Bid 1 Mobilization LS tt (p 1 $ ~ (?~~ .. $ l ~ . 2 Base Bid Metal Building, LS (p 1 $_ ~ 3_5;x,, $ o , 3 Plumbing LS Lip- `~ n ~ 1 $ 1 D $ -[ b, d Sit Electrical 4 B ildi LS Q/ Q C c;, 1 $ 56 E $ O~ I ~ ~~ ng an e u , • , action of includin final com rete foundatio 5 Con LS Q) Lu 1 $~~ $ 5~ ~~ p q g c _ Building Foundation 6 ErosioaControl LS 1 $ ~~~ $ ~r ~. !:~ Tota ex> l Base Bid: $ 33 '~O Additive Alternate Bid Items: A-1 Additional Storage Area, approx 20'x60', as LS C~ 1 $ J~ ~ $ described on Drawings and in Section 1230. Cano as described A-2 Additional Metal Buildin LS Cb 1 $ 3 ~ 3 $~ ~ p ~ / g py, J , ~ , oa Drawings and in Section 1230. ` ~~ ~ ~ ~ ~ ' - A-3 Chain Link Fence (exterior), as described on LS 1 $ ( : $ , / Drawings and in Section 1230. A-4 Unit Heaters, as described on Drawings and in LS 1 $ t ~ $ ~ Section 1230. A-5 Plywood Liner Panels, as described on Drawings LS 1 $ / $ and in Section 1230. A-6 Alternate Vehicle Bay No. 4, as described on LS 1 $ ~~ $ 5~~~, ~ Drawings and in Section 1230. A-7 Flexible Paving and concrete parking stops, as SF Gt ~~ U~ 7,000 $ $ described on Drawings and in Section 1230. Airport Maintenance Storage Building Bid Documents Page 2-18 of 87 Addendum 1- Apri130, 2007 L~~ ~ / (}- (xl A-8 Grinder Pump and Piping„ as described on LS 1 $ ~"I ~5 ~ $ C~ Drawings and in Sections 1230 and 11320. Includes all fittings, cleanouts, backfill, installation and electrical wiring for a complete, turn-key system in place. / ~ A-9 Landscaping and lirigation LS 1 $ ~ $~I . ~_~, Bid award will be made to the lowest responsive and responsible Bidder whose bid, confirming to the specifications, Instructions For Bidders, and Contract Documents, wil} be the most advantageous to the City in consideration of price, time of performance, and other factors as detemuned by the City. Further, the City reserves the right to award the Bid based on any one or all of the "Additive Alternates;" therefore, each "Total Base Bid+Additive alternate" price must be ready to stand on its own. The BIDDER must submit bids on the Base Bid 'including the "Add Alternates" shown above. The undersigned, having become thoroughly familiar with all of the Agreement & Bidding Documents incorporated herein, the project site and the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and famish all the equipment, labor and materials necessary to provide the construction services meeting or exceeding the specifications as set forth herein for the prices quoted above. The price quoted is inclusive of a~ Addenda, which may be issued. If awarded this bid, the Contractor agrees to enter into a contract within ten (10) consecutive calendar days notice by the city, and agrees to all the terms and conditions of ail documents stated herein with the Ciiy of Sebastian for the above stipulated prices which shall remain firm for sixty (60) days following bid opening date. Failure to execute the Contract as stipulated above may result in the forfeiture of the Bid Bond in its entirety. Proposal Security The undersigned acknowledges that it has included with its Bid the required Bid Security for not less than five percent (5%) of the total amount of its Proposal. Addenda It is agreed that the undersigned has received all addenda complete as issued by the Owner and that related costs are included in the proposal submitted. The undersigned acknowledges receipt of said addenda as follows: Addendum # O 1 dated 0 4/ 3 0/ 0 7 Addendum # dated Addendum # dated uthorized Signature The Watauga Company Finn Name 5-04-07 Date Signed Airport Maintenance Storage Building Bid Documents Page 2-19 of 87 ~~ Jason L. Snodgrass Printed Name Vice Presi cent Title .(321)267.(321)267-575 Phone Number End Attachment 5 (Bid Schedale) Addendum 1-Apri130, 2007 ATTACHMENT 6 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed Contract Amount 1. ~~a~ ~,5-~~~r~-S sa-a4a4 C3a-) ~ ~fal ~u. (c~, $ 7y,~ - ~~ r ~- Cad ~u~~11,/G pp 1~ j~~e.~~ Iku,~ ~ ~'d, ~ ~ $ ~ ~o. - f~~ 3~,cx~v ~,At^T a 5 ooc~- At~T 3 ~~iey-~GOn Qb(~-U~ ~ ~~-a~a DVS Y~oi~ t-i001`S $ ~ -f ~S` G.~%S2 4. Pc,~.~,r-~~erPr~~es ~3a~ ~~q. s~~s P~u~~i `I ~~~~, ~. ~ ~~ GYt Ier~l~S .~ (~ ~~ ~6Q- ~j~~ ~/~~ j r ~ ~ lu ~-YY VI I C.~i I $ /-~~ 6. SvHn ~d~~t a ccc~o E~~ ~3~~?~_3~~ ~~~~~~~1 ~3 ~s~~,~` ~a~ ~. $ TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: $ ~~ ~ / ~ PERCENT SUBCONTRACTOR PARTICIPATION: Go~ Name of BIDDER: The Watauc~ om~an~ ~ ~~ ,~.e Airport Maintenance Storage Building Bid Documents April 2007 Page 2-20 of 87 J 9l~ Airport Maintenance Storage Building Bid Documents Apri12007 Page 2-2] of 87 ATTACHMENT 7 (FLORIDA TRENCH SAFETY ACT) CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Bidder to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Bidder. 1. The Bidder further acknowledges that the Florida Trench Safety Act, (the Act) establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State Standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may by supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. 2. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety standards. 3. The Contractor shall consider the geotechnical data available from the City, if anv, the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibility for the selection of the data on which he relies in providing the safety system, as well as for the system itself 4. The amounts that the Bidder has set forth for pipe installation includes the following excavation /trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. Trench Safety Units of Measure Unit Unit Cost Extended Cost Measure (Description) (LF, SF) (Quantity) a. Shari ng T,F _ 0 7.00 0.00 b. c. d. e. For Information Only, Not for Payment Purposes $ 0 Bidder may use additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non-responsive Airport Maintenance Storage Building Bid Documenu ;` ~`\ /~ Apri12007 Page 2-22 of 87 5. The amount disclosed is the cost of compliance with the applicable trench safety requirements does not constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums at no additional cost to the County, if necessary, to comply with the Act (except as may otherwise be provided). 6. Acceptance of the bid to which this certification and disclosure applies in no way represents that the County or its representative has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Contractor of its sole responsibility to comply with the applicable trench safety requirements. ident Address: 4275 Capron Road Titusville, FL 32780 Telephone:(3 21 12 6 7- 5 7 8 5 END OF FLORIDA TRENCH SAFETY ACT STATEMENT '--~ Airport ivlaintenance Storage Building Bid Documents Page 2-23 of 87 =- Apri12007 -~ Airport Maintenance Storage Building Bid Documents Apri12007 i ~~ , ~~ ., ; Page 2-24 of 87 City of Sebastian ADDENDUM # 1 AIRPORT MAIl~ITENANCE METAL STORAGE BIJII.DING City of Sebastian Project 07-03 DATE: Apri130, 2007 TO: All Bidders This Addendum becomes hereby an integral part of the bid package under consideration by you as a respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bidpackage -including all issued addenda. This Addendum is being sent to you via "fax". In addition a copy is being sent via e- mail. Should you have any questions pertaining to this Addendum, please contact Mark Jansen at 407.306.0200. ADDENDUM MESSAGE 1. This addendum message includes this page, and the attached _ pages. Attachment No. Paces Description Addendum 1 2 Addendum text. Revised Bid Form 2 Revised bid form Geotechnical Data 7 Final Geotechnical Information Section 01230 3 Alternates Specification Section 11320 4 Grinder Pump Specification 2. Sub ~ to the City must also include this addenda page submitted & signed as 0 1 gement of receipt of same. mt'IVL SM~O rass ThP Wata~.ga omp and Receip cknowledged By, Bidders Signature Firm Name Original Signed by Mark Jansen Mark Jansen, Project Manager THE LPA GROUP INCORPORATED U(~ AIRPORT MAINTENANCE METAL STORAGE BUII.DING City of Sebastian Project 07-03 Sebastian Municipal Airport Page 1 of 3 Addendum 1 Apri130, 2007 ~~~~ ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) TO: Sebastian Municipal Airport 1225 Main Street Sebastian, FL 32958 Ladies/Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled Airport Maintenance Storage Building, Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as re uired b b(J. (Name of Person or Persons) on ~ (date ~r latos) the undersigned hereby seeks qualification to furnish all labor and, material and to perform all work as required by and in strict accordance with the above-named documents. Principal Office Address: o•t„) (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in construction work has your organization had as a general contractor? ~~ ~~~ As a Subcontractor? /' ~~ 1 ~~~fLS ( iUI~Z_ $U/ [1.~1 ~lY c '7'r~ Prrr~.~» ~ ~-- 1 (3) Project Title List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (LJse additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Contract Required Actual Amount Completion Date Completion Date JL~_ ~ ?13 ~ Ott y ?.po(o 2Oo~i Name/Address/Tel of Owner MIC~Cc X72- zg~ - 335 ~utt.~ /w9~at~,J ~-4-1~ ~-~z~ro ~ ~ p5, ~1A~7Ac D Airport Maintenance Storage Building Bid Documents Page 2-8 of 87 April 2007 ` ~} l C4) Have you ever failed to complete any work awarded to you? If so, where and wh ~ ~ ~.~ Y ~5) Has any officer or partner of your organization ever been an officer or organization that failed to complete a construction contract? If so, state name o eirndrv dual, namee of other organization, and reason therefore. ~v C6) Has any officer or partner of your organization ever failed to complete a construction c handled in his own name? If so, state name of individual, name of owner and reason therefor. xx '' ontract tV v C7) Give below any information which would indicate the size and capacity of your or an' including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. -. 2 ~2rJ~T- /-ti'4~~-~2. ~ 2 2 ~ UPd?~~u-~~ . ~~ J C8) What is your bonding capacity? 2,~ , 2 , ~ ~(/( . ~9) What amount of your bonding capacity has been used as of the date of this bid? (3,oe~ irport Maintenance Storage Building Bid Documents Page 2-9 of 87 Apri12007 (10) How many applications for performance and payment bonds have you made in the last three (3) years?,_ ~D -- l2- (11) How many of these applications were not approved? O (12) Have any claims been filed against your surety bond company in the last five 5 ~ describe the nature of the claims and give the names of the- surety companies, dates of each laim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (LTse additional sheets if necessary.) b Airport Maintenance Storage Building Bid Documents 1,,'~ Page 2-10 of 87 April 2007 I, the undersigned, do hereby declaze that the foregoing statements are true and correct, al] as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. Respectfully Submitted, ~rtltil ~,~S7Vt:~'i~C~~J ~ ~ (Name of Btdder) (Authorize Signature) (Title) (Date) (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: _ Cam' CG7 ~-'T~ Classification: `_3t~{~ ~ R~-~j Monetary Limit: ~ ~2 ~ 2 _ S /VI *ATTACH A COPY OF APPROPRIATE LICENSES ~f Airport Maintenance Storage Building Bid Documents Apri12007 Page 2-11 of 87 ATTACHMENT 2 (DRUG-FREE WORKPLACE FOR1Vn The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that ~-l.U/1/~ CaR1~f71?~ZD~ ~~- 7G does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. i 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to any violation of Chapter 1893 or of any controlled substance law of the United Stated or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: ~ 1 ¢ ~ Signature: Airport Maintenance Storage Building Bid Documents 1V April 2007 Page 2-13 of 87 TTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) SWORN STATEMENT UNDER SECTION 287.133(3)(a). FLORIDA STATUES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED: IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.01 This sworn statement is submitted with Proposal for Airport Maintenance Storage Building, Sebastian Municipal Airport, City of Sebastian, Florida. 1.02 This sworn statement is submitted by (name of entity submitting s m statement whose business address is ~ , r*~.C. (. ~T' ~7QC~ , 3~'f~o and (if applicable) its Federal Employer Identification Number (FE1I~ is ~'-~'L?d7lo ~o (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:( ), 1.03 My name is ~Lt~~ (~ 9 , ~(~(~ and my relationship to the (please print name of Individual signing) entity named above is : ~(A~'A.)'T" 1.04 I understand that a "public entity crime" is defined in Paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.05 I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry plea of guilty or nolo contendere. 1.06 I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues, means: (1) A predecessor or successor of a person convicted of a public entity crime: or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who. are active in the management of an affiliate. The ownership by one person of shazes constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. i ~~~ 1.07 I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Airport Maintenance Storage Building Bid Documents Page 2-IS of 87 Apri12007 1.08 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who aze active in management of the entity, nor any affiliate of the entity have 'been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who aze active in management of the entity, or an affiliate of the entity has been chazged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings, the fmal order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a heazing officer of the State of Florida, Division of Administration Heazings. The fmal order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the fmal order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) STATE OF FLORIDA COUNTY OF ~ r - rl ~ tP~~-Y The foregoing instrument was acknowledged before me this ~ ~ . day of ~ G• , 2007 by /~~ C ~ > //~ ,~':5 (title) on behalf of l9 lc9rt~ C1D n ,5`~ r' . .L~~ C . (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ()did not () take an oath. My Commission Expires: ~ - ,2 / -' /b ZL ~i ~~ , ,{~ Commission Number: j~ /~, ~(~ 5 ~(~ y N ARY PUBLIC ~ C- END OF SWORN STATEMENT -PUBLIC ENTITY CRIMES Airport Maintenance Storage Building Bid Documents Page 2-16 of 87 t°tp."'.,e~% JULIMIJ~IE GQLELLO * * MY COMMISSION 4 DD 5654&3 EXPIRES: July 21,2010 s~q~Of F10~\Oe, Bonded ThN Budges Notary SeMCes _. ~,- -- ~ \ \~ April 2007 SWORN STATEMENT -PUBLIC ENTITY CRIMES (CONTINUED) ~v~ c~s~,m ATTACHMENT 5 (BID SCHEDULE) PROJECT LOCATION/DESCRIPTION. Sebastian Munic al Ai ort Storage Buil i Sebastian P7orida i ort Maintena~ Liquidated Damages shall be assessed in for Construction and substantial completion, 30 ount of $200/calendar day for da s ' description of bid alternates. punch-ouk See DWG C 1.1 and Section ] 2 0 forr a de~taiDed s I~ No. Item Descrintion Base Bid 1 Mobilization 2 Base Bid Metal Building, 3 Plumbing Unit uanti Uni~Ce Eztensio~ LS 1 LS 1 LS 1 4 Building and Site Electrical LS 1 5 Concrete foundation, including finial compaction of LS Building Foundation 6 Erosion Contro] LS Additive Alternate Bid Items: A-I Additional Storage Area, approx 20' x 60', as .described on Drawings and in Section 1230. A-2 Additional Metal Building Canopy, as described on Drawings and in Section 1230. A-3 Chain Link Fence (exterior), as described on Drawings and in Section 1230. A-4 Unit Heaters, as described on Drawings and in Section 1230. A-5 Plywood Liner Paneis, as described on Drawings and in Section 1230. A-6 Alternate Vehicle Bay No. 4, as described on Drawings and in Section 1230. A-7 Flexible Paving and concrete pazking stops, as described on Drawings and in Section 1230. Airport Maintenance Storage Building Bid Documents Total Base Bid: LS LS LS LS LS LS $ $ I.5"cao,no $ $_ (~ ~4l . pp $ $ ~ 357.oe $ $_ 4fl ~7D, o0 $ $ 2~ ~T2S. o0 $ 29'~ 2.3~.yo i $ $ ~Z~/ C70 ' $ $_ 22,553yo ' $ $ 7,~5'r. 00 1 $ $_ ~ $ca0, Oo 1 $ $ `O~ 588.Ob 1 $ SF 7,000 $ Page 2-18 of 87 /~ N $ 3~i' Ste. 00 $ 23~ 5g~, ov Addendum 1- Apti1 30, 2007 /v Gc.~ A-8 Grinder Putnp and Piping„ as described on LS Drawings and in Sections 1230 and 11320. Includes all fittings, cleanouts, backfill, installation and electrical wiring for a complete, turn-key system in place. A-9 Landscaping and Irrigation LS $ $ 24-70~ .Oa Bid award will be made to the lowest responsive and responsible Bidder whose bid, confirming to the specifications, Instructions For Bidders, and Contract Documents, will be the most advantageous to the City in consideration of price, time of perfornrance, and other factors as determined by the City. Further, the City reserves the right to award the Bid based on any one or all of the "Additive Altemates;" therefore, each "Total Base Bid+Additive alternate" price must be ready to stand on its own. The BIDDER must submit bids on the Base Bid including the "Add Alternates" shown above. The undersigned, having become thoroughly familiar with all of the Agreement & Bidding Documents incorporated herein, the project site and the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all the equipment, labor and materials necessary to provide the construction services meeting or exceeding the specifications as set forth herein for the prices quoted above. The price quoted is inclusive of any Addenda, which may be issued. If awarded this bid, the Contractor agrees to enter into a contract within ten (10) consecutive calendar days notice by the city, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the above stipulated prices which shall remain fum for sixty (60) days following bid opening date. Failure to execute the Contract as stipulated above may result in the forfeiture of the Bid Bond in its entirety. Proposal Security The undersigned acknowledges that it has included with its Bid the required Bid Security for not less than five percent (5%) of the total amount of its Proposal. Addenda It is agreed that the undersigned has received all addenda complete as issued by the Owner and that related costs are urcluded in the proposal submitted. The undersigned acknowledges receipt of said addenda as follows: Addendum # l dated Addendum # dated Addendum # dated Authorized tore ~~ ~~ ~ ~~~"rN~ Printed Name t7~. ~~c 7~l~~Tl~_' Firm Name Title ~ 772 - ¢G, ~ - 71r~ Dat igned Phone Number End Attachment 5 (Bid Schedule) Airport Maintenance Storage Building Bid Documents Addendum 1-April 30, 2007 n Page 2-19 of 87 ~-~~ t Name, Address and Telephone Number of Subcontractor moo. ,,gax /zs~ ~. ,arc ~c34~~~9 2 ~L~ ~<.vs G 70 ~ CiT-.ev ~,~,Eg,~~~ ?~' 7D - a~S~3 Y9S/ 8'37 ~'~'-~. • s7', !J£~o /3cr~ /~~ 3~.p~6 3 9 4`9:~/~ ~ ~0 , ~d~T ST. Luf~F I-L34~9~ 5. /y vs 945- T~19,t7E cfiV7~,C,p,~° 772-589 -~..0 ~~ 3-z~'SX~ THIS FORM OF SUBCONTRA MUST ACCOMPANY PROPOSAL P COMPLETED AS APPLICABLE. Use additional sheets asnecess FORM ary. 6 2fi'~%3 S tw FLUU//~ ST. PDzT si. c. ~~~ ~, FL 77Z~4~/-9~1s1p 3~J; Pa aaX 73o,sJ /odL~.7''" szr~ l~cr FJ ~L 7~~. -~3 7 ~'QS"SJ 3 ~ i~<< Type and Description of Work to be Performed co,~x....,~~ -- AND MUST BE Contract Am unto $ ~v~ ?79~, va /ltd ~J/c,Q~~' ~~~ $ /7 ¢9 Soo o~ ~s ~, ~ - us~~ ~t/T?1~-720,x./ PERCENT SUBCONTRACTOR PARTICIPATION: F~Z2~ . GL~ ld ~, coo ~ di 3a~ o $~g9!>,o0 l~od ~~, Oo I ,, [f ''r_ ~__.-~j Name of BIDDER: Airport Maintenance Storage Building Bid Documents ATTACHMENT 6 (DESIGNATION CTORS) Page 2-20 of 87 April 2007 ATTACHMENT 7 (FLORIDA TRENCH SAFETY ACT) CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Bidder to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Bidder. 1. The Bidder further acknowledges that the Florida Trench Safety Act, (the Act) establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State Standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may by supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. 2. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety standards. 3. The Contractor shall consider the geotechnical data available from the City, if anv, the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibility for the selection of the data on which he relies in providing the safety system, as well as for the system itself. 4. The amounts that the Bidder has set forth for pipe installation includes the following excavation /trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. Trench Safety Units of Measure Unit Unit Cost Extended Cost Measure (Description) (LF, SF) (Quantity) a. ~' ~sc-n ~'t~ ~ ~y l~S ~~5~ 7y r~ b. tu4 ~2tN~t. ~T-~Trr~.l c. d. e. For Information Only, Not for Payment Purposes $ Bidder may use additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non-responsive. e ~~'' ~.. Airport Maintenance Storage Building Bid Documents April 2007 Page 2-22 of 87 5• The amount disclosed is the cost of compliance with the applicable trench safety -- requirements does not constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums at no additional cost to the County, if necessary, to comply with the Act (except as may otherwise be provided). 6• Acceptance of the bid to which this certification and disclosure applies in no way represents that the County or its representative has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Contractor of its sole responsibility to comply with the applicable trench safety requirements. ~1[ ~ ~®f~3Z72~ ~L'Z~ ~ ~JC Company CV Name and Title ~~[~f Address: 22~~ N . ~. S;( Telephone~7~- _ -j (~ END OF FLORIDA TRENCH SAFETY ACT STATEMENT __ Airport Maintenance Storage Building Bid Documents Page 2-23 of 87 Apri12007 ACSTAR .~~ INSURANCE COMPANY rnMAINSfREET•P.o.eoxssso•NEwa~Ren+,craaosazaso~ces~n+zaoo Bid Bond No. 626137 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we AWM CONSTRUCTION, INC., as Principal, hereinafter called the Principal, and ACSTAR INSURANCE COMPANY, 233 Main Street, P.O. Box 2350, New Britain, CT 06050-2350, a corporation duly organized under the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958- as Obligee, hereinafter called the Obligee, in penal sum of 5% of the bid amount for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PROJECT #07-03: AIRPORT MAINTENANCE STORAGE BUILDING FOR SEBASTIAN MUNICIPAL AIRPORT, SEBASTIAN, FLORIDA NOWT THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, or in the event of the failure of the Principal to enter into such Contract and if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void. This obligation shall expire and be null and void 90 days from the date executed as set forth below. Signed and sealed this ATTEST: 27th day of April , 20 07 . AWM CONSTRUCTION, INC. (Seal) By Name: ~ C~~U~ ~-'~--~ Title: ~?,fit ~~'i' ATTEST: ACSTAR INSURANCE COMPANY (Seal) i~/LI/X~ !~~ BY Henry . Nozko, Jr. ,- -- _ _- President . . Cl ox 235o ATTORNEY .~,~~ 233 MAIN STREET • P.O. B POWER OF ~~~~~ NEW BRITAIN, CT 06050-2350 BOND NO. 626137 0 - INSURANCE COMPAN (860) 224-2000 N- _ 2 514 5 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents:- That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on September 28, 2006. RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the Chairman, the President, arty Vice President and General Counsel, w any Attorney-in-Fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Officer (elected or appointed) of the Company, and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such wrRing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. !_' (3) The signature of the Chairman, the Presldent, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, u) and the signature of a facsimile to any certificate of any such power, and any such power or certficate bearing such fascimille signature and seal shall be valid and binding on the Company. ~ (4) Such other Officers of the Company, and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. ~ ~ does hereby nominate, constitute and appoint 'a ~ HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each U ~ individually, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, under- N takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, O ? and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected. officers of the Company at its principal office. N > ~ IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR C -p Insurance Compaml this 28th day of September 2006. ~ ~ ACSTAR Insurance Company o ~ - - ,- _. N O -- N c ~ by Henry W. o Jr., 'd t - - O ~ ~ to STATE OF CONNECTICUT ) ~ ~- ss. NEW BRITAIN O O C COUNTY OF HARTFORD ) ~ 4; On this 28th day of September 2006, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR ~ ~ Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he -p U acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board > ~ of Directors of said Company, referred to in the preceding instrument, is now in force. Z U IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. OTAI~ ~~~ ~.^ ~ P~~ Notary Public -Diane L. Plante I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. in witness whereof, I hav reunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this ~~~ day of Aprtl 2007 . - ~. //~{ -- Robert . Frazer/Mic P. Cifone `' Secretary/ Assistant Secretary ~ ._ ' .. ~- { -- ~ Y~ DE~AR'~`MFB#T ~?~ BST -, - t ~~QNA,L ~EG~I,a~TION ~~ ~ ~. ~~ ~ ~ ,~ ,'~ ~'~` ~ ~ _ _. '4 F]i r,~ ter;: ~ ~ ~~. o r ~ a ~ ~ "rr rte; , / .r '~ ter d 'T' ~-~' V'~'Y' ~ ..... Y ~4 s' 1 ~~~~ ~.. Y C ~~ ~C y r ~"~~1Y` u.R ~ 1 ~ _ _ q3' V TL. ~ P. ~2 ~"aj}`~~~ Y . l €~~ c3Qj /'~ F,c. s r~ ~7 ~ ~ tr,t _ t~ ~~~ ~~~~ ., _ Tf~7~~e 3 ~, ~p `~.. ~~~ FII-• ,. c .a,~Apryu~Y' "irv~ t' .. F ~` J4 -~~*~7~y[~, (yy"~`y ~ f~ 4I,~ . ~ ~ _ ~4. ~ Tom] ~~'. ) C~{ s `TRf'j'. ~ ~~k~J~\1Jh~/V I ~~ J~~1\K7' - 2~2~9~G N ~° 3 ~ - r_rr FT PIE~2~E FT;~-~~ 343.46` ~z , ~~ ~~,~i ~ '~ F r .~' - - - JEB ~LT~~` , ~'~ ~ ~ , :~~~ D~ '' GsAFtR G4V,E33~T~R. __ ___.__ . __ ~ D~SP{..AY.A~ R~QI~IRED ~Y LAW ~ SE<1~ET'4R~ ~~~~ s-o~.'7b~~~ r..:~,~, - CITY CFORT PIERCE N~• a ~- o 0 0 0~ ~. 6 6 OCCUPATIONAL LICENSE z~o6 - 20t?7 100 N. U.S. # 1 -Fort Pierce, FL - 34950 772-460-2200 ext 371 or 372 • BUSINESS NAME- AGTM (•()j~TCTAiT!"T7nti Tul•+ Ai.FRFl~ Mf' ("RAt~T~ MAILING PRINCIPAL ADDRESS __ i ~ q 17 N (} A T iT Q, T N 4° T A L^ L• T LOCATION ? ~ q Ft ~ I is hereby licensed to engage in the following business, profession or occupation. CLA5SIFICATI4N: 067 CONTRAGTORS,r GENERAL OR.SPECIALT't <, STATE LIC. #C6C 034759 IN THE CITY OF FORT PIERCE, FLA. FOR THE PERIOD BEGINNING ON THE 1ST DAY OF OCTOBER AND ENDING SEPTEMBER 30. 133UEU .--A-~ car-s~.~.....__..._.~.~ ...___ z Q a 6 ,, ` ~ ` _ (SEAL) This License becomes null and void if business name, classification, ownership or `^"`~`~'~ CITY CLERK address is changed. LICENSE AMOUNT .~ ~ 9 f1 n n n I understand and agree that issuance of an Occupational License does not allow NEW /RENEWAL FEE ~ 5 n n occupancy, nor exempt the possessor from compliance with any City Code or Ordinance. License may be revoked in accordance with Section 9-29. PENALTY. 5 n n TOTAL ~ 4 f1 e; n n Er4Ra¢nni~w _ TL.lIC 1 In GAIQC 111 I~+T er nr~r...n~-. . --• •~- •••wv • r~ . , warn ~ L ~ rvv I GV rVn r'lJCi6.Ri VItW M FACTLLTIES OR • ~' MACHINES TYPE OF BUSINESS BUSINESS LOCATION NAME MAILING ADDRESS - - -~- - - - ~_. -= - -w----.ter -__ ~._- .®* 2006-2007 ~-- - - - ST. LUCIE CQUNTY OCCUPATIONAL LICENSE AecouNr 1500-0095C?,O1"-7 BOB DAVIS, CPA, CGFO, CFC, ST. tUCIE COUNTY TAX'COLLECTOR EXPIRES S EP 3 Q , 2 O O 7 ROOMS SEATS EMPLOYEES 1-10 1500_-BUILDING .CONTRACTOR 2296 N US H1ghWay 1 X RENEWAL City of Fort P1eY'Ce `. NEW LICENSE TRANSF~R- McG,rane, Alfred GB-0003883 oRIGiNALTax 11.80 AWM construction, Inc 2296 N U:S ,HWY #1 Fort. Pierce FL 34946 AMOUNr PENALTY PAID 08/07/2006 99-20060807-084961 11.80 PHONE _ ~• Fi ti - '7 1 1 7 li(c m r v D 0 C Z n O O m 0 W ~1 O CJF A W N O O W V D1 O A W N ~ T' T. ~~: n' Z~ C~: n- ~: fn- '0 C7~ ~ Ri: ~: ~: ~- fn ~ ~I DD ~ ~I ~ °c` ~ n w m~ I ~ m! °' m c ai O; D; y ~ ~ X; ~ ~, o' Fc: m ~ ~ p; o ~. v_ < 3 ni rn; ~: ~ o: ~ W 3 o' ~' -• ~ : n:: I ~; _ _ _ _ ~ _ _ o O; O' A'~ Oj O O N' N~:, O- O A At A V Vt O A' O d' d~ 41' G7I d N; d: d; N: G1. GfI d: ~, d:~ tv- N 41 '. d O `G `G ', `G ', 'G ' `G . `G `G `G i `G `G ; `G ! `G ; `G K i `G . `G `G ' `G 7 Vl '. N ; Vl ' N V/ 41 , 4/ ' N ! N ' N N ; N ; 4l N 41 ; N t N N j i o m c a: n n; a_ ~ c o' c' o o m' m m: m ~ W~ CJt( CT OD; A `J; CJ7 ODI ~~ OD: 00 W W, W' W O'. O'. O. O~ O- O O O': O: O: O. O! Oi O. Oi O O; O V'. Vi Vj V~ V V; V V; V. V Vi Vj ~1: V': V; V~ V: V C C i < <' <I N ~~~! N - N ~! fn C ~ C : T1 c N ~ G ~ (n' < C ~ Ti -n m m m a, a. a c m m' ~. ~ n ~ a c m m ~. ~ `DI `D. CO N~ N A N: N' N. j~ N' ', N' ~ -+ C71; ~,. O ! W V; O: W: ~ A? A~ ~[ W~ O~ N ~ O O O O O O: O O O O O~ O; O- O O O: O O VI V, V V~ V V' V' V ..V _J V• V~ V' V V; V~ V V d wi ._ ~.. _, m ~ ~ ~ ' (Jt' A! W~ fD OD- 07i A! N W~. A:. W fp` (n' m O i ' T ' ~ ~, j N i_ _. ~ ,. ._ .. ~ . _ . _._ _._ _._..„. __._._._.._ _ _. _._._._.._.__ ~_......__ _ _.._ _ _._... _.__.. _._ _... _ _ _ _ _.._ _._.__ F~1 d ~ ~ ~ R''' 3 p ~yy M ~ W n ~ N o H ~3 ~ ..} r ~ ~ i ~ ~ w=, y p :..,..: I....... 6..........:.:..1:.:...: ::.:.x:F ...I... 6.....:::..:....I ...:....::... f ......5~..{. ~ R....Wy.::.:: h::.:~ F ?.. 7 .:..I. .L _._ _ ~ ..~ ~ ~, . dl' .. O ~ W m ^' Nom: <' m; s ~~ w z' ~'< Cm ~ a: - v; m -' ~ a b~ - ~ I ro m ~ ~ A ~ ~ v ~ a a c ' ~' o2i p p, O N n 2 a w w~ 'o; N d ~ ~ _._... -.... ! _.._----...__._...__ _. A .._; _..w.._. __ _. A G V ~ N A ' C 71 00y! .a O N N n O 7i N .n C (n O 7 3 a • -• 1....... _. ~ O ~ ~ ~ ~ '. m w~! 1 ~ .. .. __. _ .. 7 N. ... ..._.__ ~,... ._ ,......_ .. ....__ _........_.... _.....__...:. r. N N `° » ', o ~ \~ rS ~. .~~..... 1i0~ o~ r~u~.rr Sao A(:F.NnA TRANSMITTAL Subject: Airport Layout Plan Update Agenda No. ~~e ~ ~ Department Origin: ipa~ Airport Approved for Submittal by: ~ Joseph Griffin 6y`° Finance Director: hai Francis ___ City Clerk: Ms. Sally Maio /1. Al Minner, City Manager City Attorney: Mr. Richard Stringer Date Submitted: May 16, 2007 For Agenda of: May 23, 2007 Exhibits: R-07-20, JPA EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $3, 125 -0- REQUIRED: $3,125 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 an Airport Layout Plan (ALP~pdate. The agreement stipulates the FDOT to fund 2.5% of the project at $3,125. -The city `match' would also be at 2.5%, or $3,125. The total project cost is estimated at $125,000. It is anticipated that the FAA will participate in this project at 95%. The FAA contribution would be $118,750. The last Master Plan Update for Sebastian Airport was completed in March 2002. The FDOT and the FAA will not participate in the funding of future projects if those prof ects are not explained, and presented, on an acceptable planning submission. Since numerous changes have taken place at the airport since the last Master Plan Update, it is prudent to include future project possibilities and completed projects/changes in an airport update. An alternative to the ALP Update would be a Master Plan Update. It is anticipated the ALP Update would take about 3-4 months, after FAA funding approval. A Master Plan Update would take about 1 year to complete at an approximate cost of $300,000. RECOMMENDED ACTION 1. Move to approve Resolution R-07-20 authorizing a Joint Participation Agreement between the FDOT and the City Of Sebastian for an Airport Layout Plan Update `C~ `` 2. Fund $3,125 representing the City Of Sebastian `match' in the Airport Layout Plan Update from the proceeds of sale of fixed assets. '_ RESOLUTION NO. R-07-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AN AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for an airport layout plan update at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 422874-1-94-01 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: 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 23`d day of May, 2007. \~~ CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk z ~ZZ Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-08 PUBLIC TRANSPORTATION PusucTRANSPORTAnoN JOINT PARTICIPATION AGREEMENT Page1~°a7 Financial Project No.: Fund: DS 422874-1-94-01 Function: 637 i em-segment-p ase-sequence Federal NO. Contract No.: CFDA Number: DUNS No.: CSFA Number: 55004 No.: VF 596000427008 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 in accordance with Section 18.00. and this Agreement will expire unless a time extension is provided WITNESSETFi: 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 Airport Layout Plan Update for 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. ~ r ~'' FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 725030.08 PUBLIC TRANSPORTATION 03107 Page 20(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 fo undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2:30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 125,000 .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 $ 3,125 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) Departmen# 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 QQ 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 Q is ~ is not a licable. If a licable, PP pp ~ 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. iZ~I 725.030-08 PUBLIC TRANSPORTATION 03107 Page 3 of 14 6.00 Project Budget and Payment Provisions: 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 yearthe projector project.phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made.. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State- plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and this reference made a part hereof this Agreement. ~i l~_~ 725030.06 PUBLIC TRANSPORTATION 03/07 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 orproject-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 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 Chapter 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 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. iz~ 725-030-08 PUBLIC TRANSPORTATION 03/07 Pape 5 of 14 Part 111 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 Repont 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: L~ 725-IXi0-OB PUBLIC TRANSPORTATION .03/07 Page 8 M t4 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 Departmenf. 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 construction of infrastructure such as airport runways the Department may waive or modify this section. 72rr030-OB PUBLIC TRANSPORTATION 03107 Page 7 of 14 8.00 Requisitions and Payments: 8.'t0 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 property, 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; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 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. ;.,` n, ~!\ 725-030-08 PUBLIC TRANSPORTATION 03/OZ Pape 8 of 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 fumish 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 shalt 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. /.~C? 726030-08 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, e . seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant theret ~~ `~ 725030-06 PUBLIC TRANSPORTATION 03107 Pape 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. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event ofnon-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse ttie 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. /~~ I ~,, ~zsoao-oe 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. ~~ 725-030-08 PUBLIC TRANSPORTATION 03tt17 Pace t2 a to 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 Wulf. 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. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. __` ti i ~`~ , 725030-08 PUBLIC TRANSPORTATION 03107 Page 13 of 14 22.00 Vendors Rights: Vendors (ih 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. AVendor-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. .-._-, ~~_~ , 725-030-08 PUBLIC TRANSPORTATION 03/07 Page 14 of 14 Financial Project No. Contract No. Agreement Date 422874-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian AGENCY NAME 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.: 422874 -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: Airport Layout Plan Update SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action. (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A The District project manager has 10 working days to review invoices after receipt of invoice package and con-esponding progress report before submitting to District Financial Services Office for payment. ~; '` Fin. Proj. No.: 422874-1-94-01 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: $125,000 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-IGnd 95.00% $118,750 Cash Other 2.50% $3,125 Maximum Department Participation:** Primary (DS) (DDR) (DIM) (PORT) 2.50% $3,125 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $125;000. %j~ Fin. Proj. No_ 422874-1-94-01 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 8~ 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 ,1J('~` 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) . 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 may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein 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 Participation Agreement (JPA) Exhibit C \ ~; Page 3 `~ (11 /29/2005) 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Rublic 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 party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local .project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: Joint Participation Agreement (JPA) Exhibit C Page 4 ~~` 1 /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 Ibnd 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. (11 /29/2005) Joint Participation Agreement (JPA) Exhibit C ,~ Page 5 ~ 2. Construction Inspection ~ Approval: Provide and maintain competent technical supervision at the construction site throughout the project tb 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. L~ ~ j Joint Participation Agreement (JPA) Exhibit C _I Page 6 (11 /29/2005) Fin. Proj. No.: 422874-1-94-01 Contract No.: Agreement Dater 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 City 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: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal 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). ~~l ~ 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFD 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 I1: 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 III: 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 Joint Participation Agreement (JPA) Exhibit D !~ 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 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance- with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. 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 directly 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 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 1.~ ~ ~ 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. l ~f8 Joint Participation Agreement (JPA) Exhibit D Page 4 of 7 EXHIBIT -1 STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount Department of Transportation 55004 -Aviation Development Grants- $3,125 Objectives 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) "~ `~ 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) %50 Joint Participarion 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. ~~\ Joint Participation Agreement (JPA) Exhibit D Page 7 of 7 / J~ arc a S~B~ ^. _. ~ HOME OF PELICAN tSIAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Proposed Increase in Cemetery Agenda No: ~ ~~, ~ ~ j C~ ~ ` Rates ® ® Department Origin: City Clerk Finance~,~~~r,~`" Cemetery Sexton ~(~ , Approved for Submittal by: Date Submitted: AI Minner, City Manager For Agenda of: City Attorney: Exhibits: ^ Current Rate Resolutbn R-02-30 ^ Cemetery Code Secs. 34-1 - 34-58 R Finance Director Report Cemetery Trust Fund ^ Cemetery History Synopsis ^ Other Cemetery Ra#es ^ Pro osed Rate Resolution Expenditure Required: Amoun# Budgeted: Appropriation Required; N/A N/A N/A SUMMARY STATEMENT For several years staff has been considering recommending a rate increase for Sebastian Municipal Cemetery due to the fact that we believe that sometime within the next fifteen years the cemetery will reach full capacity and we feel it is necessary to preserve as much of the cemetery space for City residents as possible. We will recommend two alternatives, 1) to establish two sets of rates rather than the current three, one for City residents and the other for non-residents at double the resident rate; or 2) to restrict cemetery sales to only Sebastian residents. The last rate time we amended the rates was in 2002 by adoption of R-02-30 (see attached). In 2005 a report was prepared and submitted to City Council to update them on the current status of available lots and the possibility of running out of room in the foreseeable future. ~ ~ They understood the need but recognized it was not yet organ#. ~ A meeting was held with the Finance Director, Cemetery Sexton and me on May 15, 2007, ~ and in reviewing the rates, policies and future perpetual care needs we now wish to make ~ ~ some recommendations for Council consideration. ~ The Finance Director has prepared an explanation and analysis of the cemetery trust j fund so that you better understand the use of cemetery revenues, and the need to build it ~ up to an acceptable level to accommodate perpetual maintenance upon build out, The Cemetery Sexton has provided lot/niche and service rates from other municipalities and private cemeteries for comparison. i ~j~ \`~j I have provided you with an historical synopsis so that you can get a feel for how we acquired the cemetery property and how it has evolved over the years. I have also provided the current rate resolution R-02-30 and code language for the cemetery. We will be seeking some minor amendments to the existing code language as well to define who is a City resident and who is entitled to the resident rate. In your review, please be aware that from 1949 to 1959 there was a deed covenant that required us to charge the same fee for City and Roseland residents. When the Sebastian Cemetery Association deeded the land to the City of Sebastian the covenant was removed, however, we have continued to honor the covenant and have charged the City resident rate to Roseland residents to this day. This covenant release was discovered by the City Attorney in the 90's while reviewing the City's sale of land on the west side of US 1 that was once part of the cemetery to a private owner. This is the site of the World Bank. Cemetery property that was deeded to the City was probably part of Roseland many years ago, and Roseland and Sebastian had strong ties, however, with development of the apartment complex in Roseland and future development that may come their population is bound to grow. Roseland is considered all of that area north of the City limits to the Brevard County line and from the Indian River west to the our City limits on Roseland Road. While City Council may decide to continue with three sets of rates, staff recommends two sets of rates, one for residents and one for non-residents. While we do think it appropriate to charge people outside the City a higher rate, we want to leave it open to them due to the fact that people may have a loved one already interred in the cemetery, and restricting burial to only Sebastian residents may prohibit their burial near a loved one. However, if Council feels the wiser course of action is to restrict the cemetery to City residents only, this concern could be addressed by allowing non-residents having an immediate family member buried in the cemetery to purchase lots at a higher rate. We leave this policy to Council. One other issue we need to address is how we determine residency. In our discussions we felt that the City residency rate should only be offered to City residents for their own impending or future interment, and that proof of residency must be provided to receive that rate. Purchase of lots by residents for other individuals or family members who reside outside the City and sometimes even outside the State at the City resident rate has been allowed. By offering lots/niches at the resident rate only to residents who will be interred in the cemetery, we can ensure that our City residents will have ample opportunity to be buried in their own Municipal Cemetery for the next several years. If Council agrees with this recommendation, we would like to see language in the Code to require proof of residency. This would not prohibit other family members from outside the City from being buried adjacent to a loved one, but they would have to pay the non-resident rate. RECOMMENDED ACTION Review the submitted material, decide on the appropriate rates and direct staff to bring back a new resolution for the next meeting. Discuss proposed residency rate language recommendation and direct staff to bring back ordinance for first reading to amend the cemetery code. _~ ~~ 2 RESOLUTION NO. R-02-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR qN EFFECTIVE DATE. WHEREAS, the City of Sebastian, tndian River County, Florida owns and operates a municipal cemetery; and WHEREAS, Section 34-11 of the Code of Ordinances of the City of Sebastian requires that cemetery rates be set by resolution; and WHEREAS, the rates were recently increased to fall in line with cemeteries in surrounding areas; and WHEREAS, due to a growing demand for single cremain lots, Unit 4 Block 13 has been designated as eighty 4' X 4' single cremain lots and the City has determined that it will charge half the full lot fee for these sites. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. INTERMENT AND SERVICE RATES -Interment and service rates are hereby established for: 1. Residents who reside in the corporate limits of the City of Sebastian and in the unincorporated area of Indian River County, located north of the City of Sebastian, more particularly known as Roseland 2. Residents of the unincorporated area of Indian River County, other than that area north of the City of Sebastian, more particularly known as Roseland, 3. Residents of all other locations other than that described in (a) and (b} above. Interment and Service Rates shall be as follows: ~~~ J ~^ `~• \/ PROPERTY DESCRIPTION (a) CITY RESIDENTS- (b) COUNTY RESIDENTS (c) OUTSIDE COUNTY 4''x 8' and 4' x 10' Lots 700 950 1125 4' x 4' or 4' x 5' Cramains Lots in specified Stocks of Unit 4) 350 475 575 Odd Triangular Cremains Lots ~ 275 375 450 Columbarium Niches -Single 900 1150 1350 Coiumbarium Niches -Double 1350 1725 2025 Corner Markers (Set of 4) ~ 20 20 20 Vase and Ring for Niches cost cost cast SERVICES FEE Cremain & Niche Interment 2p Cremain & Niche Disinterment 20 Opening/Closing (any type of burial) Weekday 75 Overtime and Saturday 125 Sunday/Holiday 150 Section 2. SERVICES INCLUDED. The purchase price for in-ground interment sites includes sodding of the grave site and perpetual care, but does not include the cost of installing a suitable concrete foundation for grave markers as required by Section 34-18 ofthe Code of Ordinances of the City of Sebastian. The purchase price for niche interment space includes a bronze plaque provided, engraved and mounted by the City of Sebastian. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. E~~ECTIVE DATE. This Resolution shall be come effective immediately upon its adoption. 15C 2 This resolution was moved for adoption by Councilmember Matcher .The motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote was as fo8ows: Mayor Walter Bames aye Vice-Mayor Jim Hill aye Councilmember Joe Barczyk aye Councilmember Ed Majcher, Jr. ~ aye Councilmember Ray Coniglio aye The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of July , 2002. CITY QF SEBASTIAN, FLORIDA By: ~ V~~ e~ - Mayor Walter Bames - ~, .. ~ ~ ATTEST: ~ - ~- f r ~ ~ ~; " ally A. aitr, CMC City Clerk- Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City A ey 3 5 F ~- ' ~~ ~ /"" Cemetery Trust Fund Financial Status The Cemetery Trust Fund revenues mainly consist of cemetery lot and columbarium niches sales and interest earnings. According to the City Ordinance 0-93-12, one-half of the proceeds from the sale of interment sites shall be used for cemetery capital expansion. Funds in the cemetery trust fund not employed in cemetery expansion shall be invested to generate investment income for cemetery perpetual care. As of September 30, 2006, the total fund balance of the Cemetery Trust Fund was $656,160. Of which, $113,210 is reserved for Sebastian cemetery capital expansion (expendable reserve) and $542,950 is reserved to generate interest income for the cemetery perpetual care (nonexpendable reserve). The cemetery perpetual care is part of the General Fund operations. It is funded by the General Fund and investment earnings generated by the non-expendable reserve. The current annual cost for the cemetery care is approximately $140,000. For FY 2006-07, the Cemetery Trust Fund contribution to the General Fund for the cemetery care is $7,046. In order to build up the Cemetery Trust Fund expendable reserve balance to generate adequate funding for the cemetery perpetual care, an adjustment to the current rate structure is needed. The Audited financial Statements of the Cemetery are as follows: City of Sebastian, Florida Balance Sheet Cemetery Trust Fund September 30, 2006 ASSETS: Cash and Equivalent $ 13,055 Investments 636,943 Interest Receivable 6,206 Total Assets 656 204 LIABILITIES AND FUND BALANCE LIABILITIES: Accounts Payable 44 Total Liabilities 44 FUND BALANCE: Cemetery Capital Expansion reserve 113,210 Perpetual Care Reserve 542,950 Total Fund Balance 656,160 i;~ Total Liabilities and Fund Balance 656 204 City of Sebastian, Florida Revenues, Expenditures, and Changes in Fund Balance Cemetery Trust Fund For the Year Ended September 30, 2006 REVENUES: Cemetery Lot Sales $ 59,825 Investment Earnings 24,494 Sale of Fixed Assets 1,100 Total revenues 85,419 OTHER FINANCING USES: Transfers to General Fund for Cemetery Equipment 7 626 Total Other Financing Uses 7 626 Net Changes in Fund Balance 77,793 Fund Balance -September 30, 2005 578,367 Fund Balance -September 30, 2006 656 160 -_._.~ ~~C ~ . ~`~ ,, CEMETERIES § 34-6 ARTICLE I. Ilv GENERAL Sec. 34-1. Applicability. - The rules and regulations in this chapter shall lie. applicable in the municipal cemetery. (Code 1980, § 8-18) Sec. 34-2. Trust fund. (a) A cemetery trust fund is hereby established which will be administered by the finance director pursuant to the policies established by the .city council. (b) A permanent endowment, in the minimum amount of $376,000, is hereby established, the proceeds of which shall be used for the sole purpose of providing funding for the operation, care and maintenance of the cemetery. (c) The proceeds from the sale of interment sites in the cemetery shall be deposited into the trust fund, one-half of which shall be added to the permanent endowment. Non-endowed funds will be used solely for capital expansion of the cemetery to provide for the plotting, acquisition, watering system installation and related costs incidental to providing additional interment sites for future sale. (d) Funds in the cemetery trust fund shall not be used for any purpose, other than stated in (b) and (c) above and shall be invested in accordance with the city's investment policy. As a part of the consideration for the purchase of interment sites, the city obligates itself to use the proceeds of such sales for no other purpose than as stated in this section. (Code 1980, § 8-1; Ord. No. 0-93-12, § 1, 6-23-93; Ord. No. 0-01-20, § 1, 9-26-O1) Cross reference-Finance, § 2-86 et seq. Sec. 34-3. Records. The cemetery sexton and office of the city clerk shall keep records as required. (Code 1980, § 8-19) Sec. 34.4. Unlawful conduct. It shall be unlawful for any person to break or injure any tree or shrub, or mar any landmark, marker or memorial or in any way deface the grounds of the cemetery. (Code 1980, § 8-18.1) Sec. 34.6. Hours; trespass. The cemetery shall be open daily from ?:00 a.m. until sunset. Any unauthorized person on the grounds after sunset will be a trespasser. ~ (Code 1980, § 8-20) I~~~ Supp. No. 29 CD34:3 § 34-6 SEBASTIAN CODE Sec. 34.6. Speed limit.: Speed of over 16 miles per hour on internal roads within the cemetery will not be permitted, and no unauthorized person shall either ride or drive upon the lawn. (Code 1980, $ 8-18.2) . Cross reference-Traffic and vehicles, ch. 98. See.. 34.7. Locating of interment sites. All interment sites must be located by the sexton or other designated city official. (Code 1980, § 8-21; Ord. No. 0-93-12, § 2, 6-23-93) Sec. 34.5. Easement along in-ground interment sites. An easement is reserved along all in-ground interment site lines for water, sprinkler system, etc., as identified in recorded plats. fCode 1980, § 8-22; Ord. No. 0-93-12, § 3, 6-23-93) See. 34-8. Pauper's interment sites. Pauper in-ground interment sites and permanent markers .for paupers may be permitted with approval of the city manager. (Code 1980, § 8-23; Ord. No. 0-93-12, § 4, 6-23-93) Sec. 34.10. Fee for opening or closing interment site. When an interment site must be located and market by the sexton or other authorized city employee for interment, the city shall charge a fee to the funeral home requesting the services, such fee as set by resolution of the city council; from time to time. (Code 1980, § 8-24; Ord. No. 0-93-12, § 6, 6-23-93; Ord. No. 0-02-16, § 1, 11-13-02) Sec. 34-11. Interment site prices. Prices of all interment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time. (Code 1980, § 8-26; Ord. No. 0-93-12, § 6, 6-23-93; Ord. No. 0-02-16, § 2, 11-13-02) Sec. 34.12. Gratuities prohibited. The cemetery sexton or person in charge shall not accept gratuities from anyone. Any service that' can be performed will be performed for all. (Code 1980, § 8-26) Sec. 34-13. Sale of interment sites. No interment site owner shall allow interments in their interment sites for a remuneration, nor shall any transfer of interest therein be valid except by written consent of the city. No interment sites shall be bought or sold for speculation. (Code 1980, § 8-27; Ord. No. 0-93-12, § 7, 6-23-93) 8upp. No. 29 CD34:4 ~~i § 3418 Sec. 34-14. Approval of work on interment sites required. No work of any kind may be done on interment sites except by the cemetery sexton or his designated representative, excepting opening and closing of in-ground interment sites by the vault company and installation of monuments or markers that meet with the. cemetery sexton's approval in accordance with the rules and regulations. (Code 1980, §8-28; Ord. No. 0-93-12, § 8, 6-23-93) Sec. 34-16. Vault or grave liner required. All interments in standard in-ground interment sites in the cemetery shall be required to have a concrete vault or other approved permanent type grave liner installed before burial. All cremains must be placed in a suitable approved permanent type container. (Code 1980, §8-29; Ord. No. 0-93-12, § 9, 6-23-93) Sec. 34-16. Burial of human dead only; number of interment. All interment sites shall be used for the interment of human dead only. Number of interments per individual site is as follows: (1) Standard in ground interment sites. Only one interment shall be made in a standard 4' x 8' or 4' x 10' in-ground interment site except in the case of; a mother and infant; two children under one year of age, not necessarily in one coffin; one coffm and one cremain; and, two cremains. (2) cremains in ground interment sites. Only one cremains interment shall be made in a 4' x 4' or 4' x 5' cremains in-ground interment site. (3) Niches. Only one cremains interment shall be made in a single niche. (d) Double niches. Only up to two cremains interments shall be made in a double niche. (Code 1980, §8-30; Ord. No. 0-93-12, § 10, 6-23-93; Ord. No. 0-02-16, § 3, 11-13-02) Sec. 3417. Urn size requirement for niche interments. Urns for interment in single niches in unit 4 and double niches in unit 3 shall be determined and regulated by the cemetery sexton or his designee. (Code 1980, § 8-31; Ord. No. 0-93-12, § 11, 6-23-93; Ord. No. 0-02-16, § 4, 11-13-02) Sec. 3418. Interment site markers. (a) Standard and cremains in ground interment sites. i~z (1) Design. The following provisions shall apply to standard and cremains in-ground interment site markers: a. Inscriptions. A marker may contain the full name of an individual, date of birth and date of death. In addition, symbolic floral carvings; family crests or emblems; Supp. No. 29 CD34:5 § 3418 SEBASTIAN CODE religious marking, fraternal emblems; suitable epitaph; and designation as to relationship of the deceased (such as son, daughter, husband, father, etc.) maybe used. b. Veteran's markers. Those markers received from the Veterans' Administration may include such information as name, rank, serial number, date of death, and other information such as the Veterans' Administration from time to time places on such markers. (2) Placement. All cemetery markers shall be either bronze, marble or granite, and shall be flush with the ground. No permanent attachments shall be above the marker. No slabs of any kind will be permitted; provided, however, to preserve the historic nature of Units 1 and 4 of the Sebastian Cemetery; and where there are e~sting slabs and aboveground markers, restoration of existing slabs and aboveground markers will be permitted. (3) Size. The following size standards shall apply to'site markers. a. Flush markers. Flush markers are permitted in all sections of the cemetery. Flush markers for standard 4' x $', 4' x 10', and 4' x 4' and 4' x 5' sites shall not exceed 36" in width and 18" in depth and shall be a minimum of 4" thick. A double marker for two adjoining (side by side) standard 4' x 8' and 4' x 4' sites shall not exceed 72" in width and 18" in depth and shall be a rr+~n~mum of 6" thick. Bronze markers shall not exceed 24" x 24". b. Above ground markers for standard 4' x 8' and 4' x ZD' sites. Above ground markers are permitted in Units 1 and 4 and shall not exceed 36" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 36" in width, 8" in height, and 18" in thickness. A double marker for two adjoining (side by aide) standard 4' x 8' and 4" x 10' sites shall not exceed 72" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 72" in width, 8" in height, and 18" in thickness. Above ground markers are not permitted on 4' x 4' or 4' x 5' cremains sites. c. In the event a family owns at least six 4' x 8' or 4' x 10' sites adjacent to one another, the Cemetery Sexton, at his discretion, may allow a larger marker in lieu of individual markers placed on each site. (4) Alignment. All markers shall be in a line consistent with each other as determined by the cemetery sexton. Any unapproved marker shall be removed, repaired or realigned at the monument company's expense. (5) Concrete foundation. All markers shall have a suitable concrete foundation provided by the monument company. (6) Period for installment after burial. All markers shall be installed within 120 days after burial. Where this regulation renders a hardship or presents any special problems, Supp. No. 2s CD34:6 -r i {~ l~ CEMETERIES § 3422 such as an estate not settled, special consideration will be given. Request for special consideration should be made in writing to the Sebastian City Clerk, 1225 Main Street, Sebastian, Florida 32958. (b) Niches. (1) Design. All niche markers shall be bronze plaques, provided in the cost of the niche, engraved and installed by the City of Sebastian. a. Inscription. The bronze marker shall include the full name, date of birth and death of the decedent. b. Vases. If desired, all costa for vases and rings will be incurred by the niche owner. (Code 1980, §§ 8-32-8-34.1, 8-35; Ord. No. 0-91-27, § 1, 10-23-91; Ord. No. 0-93-12, § 12, 6-23-93; Ord. No. 0-02-16, § 5, 11-13-02) Sec. 34-19. Artifiicial and fresh flowers, blankets. No more than two bouquets of artificial or fresh flowers will be allowed at any gravesite. Artificial flower arrangements will be permitted to remain until they become faded or unsightly. Fresh flowers will remain until unsightly. No glass or ceramic flower containers or ornaments shall be allowed, however, a plastic flower container no more than six inches deep, six inches wide and 24 inches long may remain in place unless broken or in decrepit condition. No wires shall be allowed to hold flower arrangements permanently in place at the interment site. Blankets are allowed to be placed prior to any holiday but must be removed within ten days following the holiday.' (Code 1980,. § 8-36; Ord. No. 0-93-12, § 13, 6-23-93; Ord. No. 0-02-16, § 6, 11-13-02) Sec. 34-20. Use of living memorial tree or shrub. Whenever a living memorial tree or shrub is desired, arrangements must be made with the cemetery sexton as to size, type and placement as designated by the cemetery sexton, in a planting area designated by him. Grave blankets are allowed during holidays or special occasions and can remain for a maximum of ten days. (Code 1980, § 8-37; Ord. No. 0-02-16, § 7, 11-13-02) Sec. 34-21. Pruning and removal of vegetation. No trees, plants or shrubs shall be planted, pruned or removed except by the sexton or person in charge who shall have authority to do so upon any interment site when he/she may consider such planting, pruning or removal necessary. (Code 1980, § 8-38; Ord. No. 0-93-12, § 14, 6-23-93) Sec. 34-22. Enclosures and mounds prohibited. Enclosures of any nature such as fences, copings, hedges, ditches, etc., shall not be allowed around any in-ground interment sites. Earth mounds will not be permitted. (Code 1980, § 8-39; Ord. No. 0-93-12, § 15, 6-23-93) 1 ~~~ Supp. No. 39 CD34:7 § 34-23 SEBASTIAN CODE Sec. 34-23. Interments. Interments shall be permitted seven days a week. (Code 1980, § 8-40) Sec. 34-24. No liability. The city is not responsible for theft or damage to anything placed on any interment site. (Code 1980, § 8-13.3; Ord. No. 0-93-12, § 16, 6-23-93) Sec. 34-26. Violations of article; penalties. A violation of any of the rules and regulations contained in this article shall be considered a violation of the ordinances of the city, and any person adjudicated in violation of such rules and regulations shall, in addition to any penalty imposed by court not exceeding $500.00 fine and/or not exceeding 90 days imprisonment, be denied the right to do further business in the cemetery of the city. (Code 1980, § 8-41) Sec. 34-26. Rule violations; procedures. If any of the rules contained in this chapter are violated, the sexton or other city employee should bring the matter to the attention of the city clerk for the specific interment site involved. The city clerk will then notify the owner of.the interment site or his estate or last known relative by certified or registered mail. The clerk shall send a copy of the rules and regulations with the specific items underlined in reference to the alleged violations; and a brief letter notifying them of the appropriate action against the violator. should the violation remain uncorrected beyond a reasonable period of time. (Code 1980, § 8-59; Ord. No. 0-93-12, § 17, 6-23-93) Secs. 34-27-34-60. Reserved. ARTICLE II. VAULT COMPANIES AND GRAVEDIGGERS Sec. 34-51. Copy of chapter to be given. The vault company and/or contractor (gravedigger) shall be given a copy of this chapter and be guided by all requirements therein. (Code 1980, §8-51) Sec. 34-52. Inspection and approval of excavations and closings. The cemetery sexton or person in charge shall inspect and approve excavations and closings by the vault company and/or contractor (gravedigger). (Code 1980, § 8-52) *Cross reference-Businesses, ch. 30. jj Supp. No. 39 CD34:8 ~ 4~ \~ .~ CEMETERIES § 3458 Sec. 34-55. Notification of clerk of problems encountered. The vault company and/or contractor (gravedigger) shall notify the city clerk or other official of any problems that may be encountered. (Code 1980, §8-53) Sec. 34-54. Minimum depth for standard in-ground interments. Interments in standard in-ground interment sites must be excavated to at least five feet deep at the shallowest point. Cremain .urns interred in standard or cremains in-ground interment sites must be covered by a m;n;T.,~ of ten inches of soil. (Code 1980, §8-54; Ord. No. 0-93-12, § 18, 6-23-93) Sea 3465. Liability for damages. The vault company and/or contractor (gravedigger) shall exercise care to protect all gravemarkers, monuments, sprinklers, etc., and shall be held liable for any damage incurred. (Code 1980, §8-55) Sec. 3466. Use of vehicles on platted in-ground interment sites. The vault company and contractor (gravedigger) shall exercise care in driving a vehicle from cemetery roads onto platted in-ground interment sites to haul fill for a vault. Adequate -- - ~ protection by use of timbers, plywood and other approved devices shall be provided to adjacent in-ground interment sites. The vehicle shall remain in low gear while on platted in-ground interment sites and proceed slowly in and out to the roadway. (Code 1980, §8-56; Ord. No. 0-93-12, § 19, 6-23-93) Cross reference-Traffic and vehicles, ch. 98. Sec. 3467. Removal of tent after burial. (~~~~ ~; ,~_,~ The vault company or contractor (gravedigger) shall remove his tent as soon as practicable after completion of the ceremony and interment. (Code 1980, §8-57; Ord. No. 0-93-12, § 20, 6-23-93) Sec. 34-68. Removal of excess dirt. The vault company or contractor (gravedigger) shall remove all dirt from adjacent gravemarkers, monuments, etc., as he completes interment. Surplus dirt shall be hauled to the spoil site as designated by the sexton or other designated city official. (Code 1980, §8-58; Ord. No. 0-93-12, § 21, 6-23-93) Supp. No. 29 CD34:9 DECEMBER 8,1924 Town of Sebastian Incorporated AUGUST 24,1926 DEED -BEGIN AT THE SE CORNER OF LOT 16, VICKERS SUBDMSION, RUN NORTH 16 DEG., 15 2 MIN., WEST 185.6', THEN NORTH 73 DEG., 44.2 MINE 19.65', THEN S 17 DEG., 11 MIN. E 177.34', THE S 82 DEG., 55 2/ MIN. WEST 20.1' TO POINT OF BEGINNING TO BE USED FOR STREET PURPOSE ONLY DEED WITH CEMETERY PROPERTIES -STANDARD OIL CO. /CITY OF SEBASTIAN FEBRUARY 3,1927 DEED -BEGINNING AT THE 1/4 SECTION OF THE NE SIDE OF SEC 30 F.G, RUN S 44 DEG -47' E (S 43 DEG -01 2 E) ALONG THE F.G. LINE 46.75' TO P.R.M. OF OCEAN BREEZE SUBDIVISION; THENCE S 45 DEG -15' w (S 47 DEG. -001/2 W) 74.45; THENCE S 88 DEG -58' W (N 89 DEG -16 2 W) 383.6' TO P.R.M. OF ABOVE SUBDNISION; THENCE N 45 DEG -30' E (N 47 DEG -15 2 E) 352.0' TO (A PINE STAKE SQUARED MARKED ON NW FACE A27" ON NE FACE AGL@ ON SE FACE LEMON STREET@) F.G LING; THENCE S 44 DEG -47' E (S43E-21'E) 217.7' TO THE POINT OF BEGINNING. CEMETERY PROPERTY - E.W. & MARY VICKERS /SEBASTIAN CEMETERY ASSOCIATION APRIL 16, 1930 DEED -BEGINNING AT A POINT ON THE NE LINE OF SEC 30 OF THE FLEMING GRANT AT A STAKE MARKER LEMON STREET, RUN SW ALONG THE SOUTH LINE OF LEMON STREET 806.1' TO THE CORNER OF LEMON STREET &WAUREGAN AVENUE, THEN NW ALONG THE RIGHT-OF- WAY LINE OF WAUREGAN AVE 700' TO THE W CORNER OF LOT 26 CEMETERY PROPERTY -ADOLPH & MARIA PESAT, WILLIAM & BESSIE HILLEBRAND / SEBASTIAN CEMETERY ASSOCIATION FEBRUARY 6,1935 DEED - W 1/2 OF THE SW 1/4 OF SEC 7, TOWNSHIP 31 S, RANGE 39 E, CONTAINING 80 ACRES AND A STRIP OF LAND 100' IN WIDTH ALONG THE W LINE OF SW 1/4 OF THE NW 1/4 OF 7, 31S, 39E AND EXTENDING 100' EAST OF SAID WEST LINE OF SAID SW 1/4 OF THE NW 1/4 OF 7, 31S, 39E CEMETERY PROPERTY -VICKERS BROTHERS /CITY OF SEBASTIAN 7ULY 9,1935 DEED -THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. CEMETERY PROPERTY -VICKERS BROTHERS /CITY OF SEBASTIAN MARCH 7,1938 DEED -CEMETERY PROPERTY -SEE DEED SEVERAL PARCELS INVOLVED CITY OF SEBASTIAN TO GEORGE VICKERS JUNE 9,1949 DEED -THE NORTH 20' FEET OF THAT CERTAIN STREET 30' IN WIDTH RUNNING IN AN EASTERLY & WESTERLY DIRECTION AS SHOWN ON PLAT OF BRADDOCK'S SUBDNISION RECORDED IN PLAT BOOK 4, AS TO THAT PART OF SAID PUBLIC STREET LYING BETWEEN THE EASTERLY BOUNDARY LINE OF SOUTH CENTRAL AVENUE AND WESTERLY BOUNDARY OF U.S. 1 CEMETERY PROPERTY - E.W. & MARY E. VICKERS /CITY OF SEBASTIAN DECEMBER 29,1949 WARRANTY DEED -SEBASTIAN CEMETERY ASSOCIATION DEEDED VICKERS CEMETERY TO THE CITY OF SEBASTIAN WITH COVENANT -provided that cemetery lots be available to al/ Sebastian and Roseland residents as long as space is available with no discrimination shall be practiced as to cost of lots ** FEBRUARY 27,1950 DEED V-SHAPED TRACT IN FRONT OF CEMETERY NOVEMBER 4,1959 City Council established deed restrictions for cemetery lots DECEMBER 9,1959 QUIT CLAIM DEED FROM SEBASTIAN CEMETERY ASSOCIATION TO THE CITY OF SEBASTIAN WHICH REMOVED THE COVENANT **BEGINNING AT A POINT ON THE NE LINE OF SEC 30 OF THE FLEMING GRANT AT A STAKE MARKED LEMON STREET 806.1' TO THE CORNER OF LEMON STREET AND WAUREGAN AVE.; THENCE NW ALONG THE EAST RIGHT OF WAY LINE OF WAUREGAN AVE 700' TO THE WEST CORNER OF LOT 26 OF WAUREGAN TOWN SITE, THENCE NE BETWEEN LOTS 25 & 26 - 816.7' TO THE NE LINE OF SEC 30 OF FLEMING GRANT, THENCE SOUTHEASTERLY 700' ON GRANT LINE TO POINT OF BEGINNING. THE PARCEL OF LAND BEING 12.9 ACRES MORE OR LESS AND INCLUDING ALL OF LOTS 26 AND 27 AS SHOWN ON PLAT OF WAUREGAN DEED DESCRIPTION OF VICKERS CEMETERY JANUARY 16, 1961 ALL OF LOT 4, BLOCK 8, SECTION C OF SEBASTIAN CEMETERY FRANK C. & ESTELLE VICKERS /CITY OF SEBASTIAN ~~,n JANUARY 17,1961 THE SOUTH 2 OF LOT 3, BLOCK B OF SECTION A OF UNIT 10F THE SEBASTIAN CEMETERY MARY CATHERINE & CHARLES DAY SEMBLER /CITY OF SEBASTIAN FEBRUARY 11,1980, ARTICLES OF INCORPORATION FOR SEBASTIAN CEMETERY ASSOCIATION, INC. FILED - CHARTER N0. 750988 APRIL 13,1970 R-200 Cemetery rates established AUGUST 12,1974 Rates resolution adopted by Council JANUARY 12,1976 0-76 Annexed Cemetery Property FEBRUARY 11,1976 First meeting of the Cemetery Committee in City Clerk records JUNE 13,1977 Ordinance 0-77-2 established rules and regulations for cemetery JANUARY 23,1980 Resolution No. R-80-6 established rates and sale priorities -rates for Sebastian and Roseland the same FEBRUARY 11,1980 Ordinance No. 0-77-2A amended rules and regulations for cemetery JANUARY 11,1982 Resolution No. R-82-3 -increased rates but still same rates for Sebastian and Roseland MARCH 9,1983 Ordinance No. 0-77-2B -amended rules and regulations for cemetery OCTOBER 10,1984 Resolution No. R-84-35 changed Sebastian Cemetery Association to Sebastian Civic Association r,--°^ ~~` ~~ ~ 1 NOVEMBER 21,1984 Resolution No. R84-44 -approved construction of gazebo AUGUST 13,1986 Resolution No. R-86-41-amended rates and sale priorities -still gave Roseland same rate as .Sebastian APRIL 3,1989 Last meeting of the Cemetery Committee in City Clerk records AUGUST 23,1989 Amended Section 8-24 of cemetery code Resolution No. R-89-42 established fees for after hours' services MAY 22,1991 Resolution No. R-91-17 increased rates -still gave Roseland same rate as Sebastian OCTOBER 23,1991 Ordinance No. 0-91-27 allowed larger markers TUNE 23,1993 Ordinance No. 0-93-12 complete rewrite of rules and regulations Resolution No. R-93-17 increased rates -still gave Roseland same rate as Sebastian APRIL 14,1999 Resolution No. R-99-23 -declaring surplus properly on west side of US 1 and directing City Manager to offer it for sale -Town of Wauregan -portion of lot 27 SEPTEMBER 26, 2001 Resolution No. R-01-67 -increased rates -still gave Roseland same rate as Sebastian ]ULY 10, 2002 Resolution No. R-02-30 -increased rates -still gave Roseland same rate as Sebastian NOVEMBER 13, 2002 Ordinance No. 0-02-16 -amended certain rules and regulations for cemetery l70 SEPTEMBER 10, 2003 Resolution No. R-03-41-accepted as-built survey prepared by Kimley-Horn as official cemetery map ~\ City of llunedin l~'lorida Dunedin Municipal Cemetery « -- Mee#ings ~ Events Events Calendar Government Calendar Departments -City Clerk City Commission City Hall Community Services Employment Finance Fire Administration Leisure Services Library Public Works Services Online Services Purchasing Solid Waste Services Utliity Billing Volunteer Services Water Services i -~ ~. Yage 1 of 1 Nestled between Keene Road and Jeny Lake, the Dunedin Municipal Cemetery is the final resting place of many pioneer family members of Dunedin. With over 2,500 interments, there are very few full burial spaces available. In order to offer more space to Dunedin residents or family members of those interred in the cemetery, the Dunedin City Commission passed a resolution in 2005 that added two additional features to the cemetery; a scatter garden and niches that will accommodate cremains only. The cemetery comprises approximately 7.75 acres and has been maintained by the City of Dunedin since 1927. In 1996 the Dunedin Historidal,Society created a Cemetery Preservation Committee to improve, support and augment the work of the city caring for the cemetery. ~-~. From time-to-time full. burials aces ome available and the City Clerk's office maintains a wal ng Is o o~se wlsTiing to purchase same. A ditionally, there are several in ground spaces for cremains only. • .Full burial space - $2,625.00 One cremain may be buried in same space with one regulation casket with vault. . In ground cremain spaces - $2,625.00 A maximum of six cremains per space is permitted. • Cremorial niches - $1,417.50 Niches provide for the interment of two cremains, one in each section. • Scatter Garden - $200.00 Allows for the scattering of cremains in aheart-shaped setting and the placement of a brass plate on a black granite monument. Fees for burial - $7.50 stake out fee (Monday -Friday) $22.00 stake out fee (Sundays and Holidays) _ Please note that per Resolution 06-33, the above rates shall be increased In the amount of five (5%) each year on January 1. The first adjustment shall be made on January 1, 2007.. http://www.dunedingov.com/home.aspx?page=departments/CityHalUCemetery&title=Mun... 5/15/2007 .. __ _ ... .~: - "~,cPR-30-2007 .11.31 AYCOCK-HILLGREST `: 17724616397. P.002. ' ~ ~ . HJ:L.~L~REST MEMORIAL GA,ItDENS 6025 NORTHH ~J>5.1~1GHWAY 1 FORT PIERCE; FLORIDA 34946-7402 (772) 461-8912 . ~ ~ ~ ~ ' bISCLOSURL`PRICE LIST : ~:' ~ prices. effeCtive.Febcuary.l5, 2007 Tb~a currcne:rettlil price as;shown •b~low is provided: in compliance wixtt 497:333 of the Ftorida Statues. It sh~~ulii ~be rioted that tliu, Surigl Righi Yrice. does not:incluile: any cemetc`ry rnlscellaaeous roerchandicg, nor do~:s it include enycemetery service clzatge for the npCning snd closing fee, the installation charge on mcmorinlization, or a>ly othec.rormal servieo charge coruiected with the usn of the purchased burial ri~lrt. Hawevec, the buriat. ~ibfit pt~CC does include the perpetual raze Zees in the omount.required by law, You, thc~cansumer,~may ~elcet the.I~dtiRf right and.mercliandise`or sc-rviees you tray desire to purchase frt~m • annth~K supplier, suc11 as. a furiersl.homt~; should-it be availttble &om. such term. . . ~ ~. • ~ MTNIMLIM SERVICES OF C1E;MF;TERY AND STA11'r . :. Adult lri~errneliti.: ~ ~ $ 995.00 . Adult Entombment : ~ ~ ~ . $ 995.00 :. Cremated Rcrnains .::. ~ `: ~.:' ~= .. ~ $ 595.00 . ... ~ . :.. .~ . .. . ~ .. ... . . Infant less . ~ your ; ._ ~~: `> ~.. .::' : $ 250.00 • • .(ground>bltial);. : H~DLIDAYS: lVew Xears.Day;.Irldependcnoc Day, I,ab~r Day, Memorial DAy, . Tl~anksgivin~.. No services are: avttiilable. on :Christmas Day IN ORDER TO'PR©PERL.Y.II~ENTIF'Y A~TD l?RFPARE "11-~ CEMETERY PRUPER'!'Y FOR Pi,A~:,EMENT, I3TI.~.;CRiJ`S'F,MC~MOfttAl; GA.RDE~iS RESPIrC (FULLY RBQUGSTS THA'l~ NO'TIFTCATION AID AUTHORIZATIONS B'~ COMPLETED AT TI-IL C!/MBTERY ~'-,T . ~ L~;A~T'~CWENT'-Y FO[lR (24) HOURS pRtOR TO SERVI(:E/CEREMONX AT THE . Ci161LETEKX: .. . 1)1S1:NTFRMENT Rr;quires 4$ :hou`r. advaiiee notice Viand sued ~authcirization required.. • DI S.tN~TFl2M ENT'F1/E:. Monday thru Friday 4:00AN1 to 3:00PM $1,295.00 (d~~es not include the d+spASal :of merchFUidise~ :.U1tN' DISiNI'ERMENT FEE ~ ' ~ $ 795.00 1~i(I INTER141)ENT:VVILL BE.AI:LOWEb IET~i ~'F1E CEMETEF.Y A.)N'TF.R 4:00 PM .'~ \~; ,APR-30-2007.'11:32. ~ AYCOCK-HILLCREST 17724616397 P.003. Mww.roleutn Lctter'irig (Scrcnty.Building) `= .. .. $ .550.00 lrmtilems-Eacly~ .. $ 150.00 •; . -Vawes $ 150.00 Ma~usoleuzin Crypt Plates (Digaity Gs-irderi Buldipg) Single orCompanio»~(includes vascj : ~ . ~ $ 650.00 .. Ccrtfcate of.Intermcnt:Righfaranti~fer.... $ 50.00 . Lost ~Certificatc'of Ii~trrrrmenti.Right:rcplacemeAt $ 50.00 Cert~fic~,tc~.of.Inteixnent Right name chaia~e .: ~ $ 35.00 . Se~~ond lzight` of Yntermerit ~1ror::Casketed~ Remains . ~ ' (()ne la~lf~.hf lhe,. curie4t pricy of.i'h~ purchasedspace . lvlinimum $825.00) •. Se~i-nd Ki~ht o~fTn4ernientfEntoinbmcmt for,Grcmat~d Remain, $ 550.00 . G~:ound,Auria) Spaces::.: ' ..:.::: ~~.•~~. ~ ~ ~ ~ $.:2,795A0 to $ 795.00 • ~ . Qute~ Burial Containers ~ :;. .$1,S;OOO.QO to $ ~ 720.00 Lawn C .ts::. ~ .:. , : .. ~. _ . ` ..:. : , ` .. ` ~ _ _. $ .3;495.00 tv .: $2,095.00 ~ - ~~ . MausoicuniCryp~' ::,~ -. ~` :$ 9;295.00 to $3,750:00 Nic es . ... . . I} .. $ 2,600.00 to $ 000.00 C~ske'ts. ~ • • ... .: $:10;695.Q0 to $ 495.00 . . thins .. $ 3,495.00 to $ 95.00 &rrchcs ~. ~ .$ 7,500.00 to $1,795.UU 1V1~.~orials : ~ $11,0.00,00 to $ 95.00 Gx~riitc Meivarial. eases : • .; ,` .; . ~ ~.. .. . ~ .$ ' G50,00 ` to $ .150.UU Record Arcliivii~g hee ~.. ~ :=: -::. ~ • ~ . • • $ 80.00 .Vault• Installatioci~ Fie.: :..; • : ,~ , _:. ` $ 100,00 : (price incTadcd in.vaults`sold b~..Hillcrest Memprial Gardens) • V;:ISea. (Niche; and non~inverted on granite) $~ ` 1:U0.00 . to $ 595.00 C1tEMtYT1QN Iv1FMORLI~-I;IGATION ~ $}6,800.00 to $ 95,00 ~~ . 'AtiL PIEtICjES:SU&1)E;CT Td~.C~ANGE WITHOUT NOTICE 'l3~-e consumer nu~y..choosd the item: desired and' will ~bc charged pnly for those purchased, ~lus;ariy tax and~state documentary stamps that tray 6e applicable: The cnnsumcr . understands lhecc might be ex:tira charges fQr other items or service, including items of . se.rvi.cx.providcd by ~'un~rdl director or direct.:disposers. The undersigned hereby ~aclciiowled8e.5 receipt of the list be~oic'there was any disw;ussio» of selection. T~atedahis. _.. _ . .. d?U' o>' 2~0 Signed .. • . ~~. - .. . ~:, . ; ...:. ..: . TOTAL P.003 Brevard Memorial Park 320 Spring Street, Cocoa, FL 32927 /~ ,~ Tel (321) 636-6041 Fax (321) 631-3218 l ". ,~ CEMETERY PR/CE DISCLOSURE Effective February 1, 2007 The current retail price information is provided in accordance with Florida Statutes and is subject to change. You may select the Interment Rights, merchandise and services of your choice and will only be charged for those items selected and purchased from us. Special orders of merchandise not listed below will be quoted upon request. The purchase and payment of the Professional Service Fee (Opening and Closing) is required in order to use any Interment Rights. Entombment. Interment. Inurnment Rights: Second Right Interment/Inurnment $1,295 Mausoleum Garden Spaces Family Companion Interior $16,690 to $18,690 Single $2,195 to $3,395 Family Companion Exterior $9,690 to $12,190 Babyland $425 Single $5,290 to $10,290 Niches Memorial Benches Single $1,250 & up Granite Benches $995 & Up Lawn Crypts $6,995 Urn Vaults $165 & Up Burial Vaults $895 and up Bronze Memorials $295 & Up Urns $125 & up Granite Bases $255 & Up Bronze Crvat & Niche Lettering $175 to $575 Miscellaneous Outside Vault Setting Fee $95 Caskets Ceramic Cameo Portrait $695 Mausoleum Tray $175 to $295 Traditional $695 to $7,595 Table Vase $255 Orthodox $795 to $1,995 Ground Vase Assembly $535 Cremation $795 to $2,995 Flowers As Selected Interior Crypt Emblems $160 Professional Service Fee of Cemetery Staff (Opening & Closing)* Bronze Refinishing $195 to $595 Archiving Fee $80 Adult $1095 Transfei Fee $50 Baby $175 Dignity Care Package $635 Cremation -Single Ground or Niche $545 Dignity Aftercare Planner $245 Disinterment/Disentombment $1095 to $1,245 MEM Tribute $345 Disinurnment $545 Legal Services Membership - lyear $150 Private Estates - $22,500 & Up -Designed to meet your needs ,* Garden Of Memories -Cremation Memorialization Options $790 & u n \ \ *Professional Service Fee of Cemetery Staff (Opening & Closing): Fee includes but is not limited to consultation with the family; preparation and filing of necessary authorizations and consents; coordinating with those providing other portions of the funeral (Funeral Homes And Vault Companies); locating and preparing the space; handling all equipment needed; arranging flowers immediately following the service; top dressing, seeding and/or sodding; disposing of flowers four days after the service; and other required details. ' Revised 2/1/2007 `/ c~ j ,, ~~i Brevard Memorial Park 320 Spring Street, Cocoa, FL 32927 Tel (321) 636-6041 Fax (321) 631-3218 Cemetery Price List Effective February 1, 2007 MAUSOLEUM Constructed Interior Family Com anion Single $16,690. $9,190 $16,690 $9,190 $16,690 $9,190 $18,690 $10,290 $18,690 $10,290 $18,690 $10,290 Constructed Exterior Family Com anion Single $9,690 $5,290 $10,990 $5,790 $10,990 $5,790 $12,390 $6,790 $12,590 $6,890 $12,190 $6,690 NIC HES Mausoleum Interior Glass Front $2,995 Mausoleum Interior $2,695 Exterior Garden Buildin Levels A thru F $2,195 Exterior Garden Buildin Levels G thru M $1,995 Cremation Memorialization Garden $1,250 & U Interior Letter ing Bronze Plates Woodcrest B ronze Plates Deluxe Com anion $575 Deluxe Com anion 24 x 6 or 7 $675 Deluxe Com anion 23'/ x 6%. $675 Famil Com anion $575 Famil Com anion 24 x 6 or 7 $675 Famil Com anion 17'/. x 6'/< $525 Sin le C t $525 Sin le C t 16 x 6 or 7 $525 Sin le C t 17'/. x 6'/. $525. Niche $175 Niche 6 x 3'/Z -$295 Niche 6x3 $295 Emblems $160 Niche 5 x 3 $295 Mausoleum Famil G round Vase $535 Small Table Vase $255 ~~ 1 GARDEN SPACES BREVARD MEMORIAL PARK Lawnc is in Garden of Devotion Sec. E,F,G 8~ H $6,995.00 Veterans 1, 2, 7 & 8 -Palms, Catholic, Memories, Peace $3,195.00 Veterans 3, 4 & 5 -Jewish, Christian, Millennium $2,695.00 Veterans 6, All Faiths $2,195.00 Estates Garden $3,395.00 Bab land $425.00 Second Ri ht $1,295.00 Misce llaneous Di ni Care Packa a $635 Ceramic Cameo Portrait $695 Di ni Aftercare Planner $245 Archivin Fee $80 MeM Tribute $345 Transfer Fee $50 Le al Services Membershi 7 Year A/N Onl $150 Flowers As Selected 24 Hour Com assion Hel line 7 Year A/N Onl $95 Outside Vault Settin Fee $95 /' j :/ i`% ,ri ~ l //!/ ;' BENCHES (All bench sites require General Manager approval prior to sale and most benches require a base) Bench located in cemetery -bench price and cemetery space price e i l P T t Item # Pink Pearl Granite Only Model Bench Site r c a o MOOOMISC Granite Bench without Base -Mausoleum Walk Only S - 44 $995 $995 $1,990 MOOOMISC Granite Bench with Granite Base & Vase S -44 $1,195 $995 $2,190 M[IrlC1MISC Granite Cremation Bench with Granite Base & Two Granite Vases S - 45 $1,395 $2,095 $3,490 OPENING AND CLOSING SERVICE FEES* Item # Service Mon-Sun 9-5: DO ITERMNT Interment $1,095 ENTMBMNT Entombment $1,095 INURNMNT Inumment $545 Baby $175 Disinterment Disentombment Baby Cremation DISINTER Disinterment: Weekdays 9:00 am to 3:00 pm only $1245 .$1,095 $295 $545 /--- ~ ~ ,~ *Opening and Closing Service Fees: Fees include but are not limited to consultation with family; preparation and filing of necessary authorizations and consents; coordinating with those providing other portions of the funeral (Funeral Homes and vault companies); locating and preparing the space; handling all equipment needed; arranging flowers immediately following the service; top dressing, seeding and/or sodding; disposing of flowers four days after the service; and many other details that must be handled. 0426/2007. 14.:26_ ~: ~ X21.72428.61 ';:FOUNTAINHEAD PAGE 02/04 ' ~ . ~ ~:.~ Fountainhead Mel+narial Park . .. ~ ~ ` 7303.Babcock St SE; Ra1m:Bay; FI 32909 • Tel (321 j ~t38-0776 'Fax (321) 724-2861 . Cematery.PrICO Lls# ~Hoellve. February 1, 2007 ' . .• Revised 211/2007 . .. iNbu~o~,EUM~ .GonstruCted Interior FamNy Companlott.. Deluxe; ..: _. Companion .. : ~Sing/Q•~. _ ,~ $11,250. ~_ ' . $.12,650 : $9;.150 $11250.' :$1.2,650: $9;1.50 $11,250 $12,650 .$9;150 $12.750 ~. ~ $14;150 :..$10,.250 $12,750 ... $14 950 ~ .$'10 250 $12y750 ; $14;1.50 . $10;250 ~~ Constrtlact~d, Exterior Family Com anion ~ l3e/uxe" Corti anion Single . '~ ~6 950 ' .$7,550 . $4 650 $7,250 _ $7,850 4,950 :$7,550. :.. $8,Q50 $5.150. :''.$8 350 ~ $9,650 $5 750 $8,.350 . ~ $9,650' $5,750 S10~O5o .$}1,650. . $6.700 .:$10,150• ~ ~ 5.11;750 ` $6 800 $9950 :~ $71_,550. $6800 Pre-Constructed Ext erior Family Gom anion Deluxe Com anion Single $6;450 $7,050. 54,400 $6 750 $7,350 $4 700 $7,050 ~ $7 550 $4,900 $7,850 $9,150 $5,500 $7,850 $9,'1.50 $5 500 $9,550 _ 511150 $8,450 ' $9,650 $11,250 $6,550 $9,450 511 050 $6 350 ` NICHE$ Mausoleum •Interior°Glass Front ~ $Z 915 Mausoleum Interior $2;615 Exterio~.:Gardedi~Bulldin` ~: ~ ~ $1~9~ ;~ :Cremation Memorii~lization` Garden ` :~ ~ , .~ . . ~ 5=1 ~ 1 ~5° '$4;000: :.Interior Letter ing ~ ~ Bronze plates . ~. ~ ~ Woodcr~st Bronze Plates Deluxe Com anion. $575 Deluxe Com anion ~ ~ 24 x 6 or 7 .: 5675. Deluxe Companion 23'/, x 6%. $675 Famil Com anion' ~ $575 Eamil Gbm anion ~ 4 x 6 or 7 . $675 Family Companion 17'/, x 6% $525 Sln le C ,pt . $525 Sin le'C t ~ 16 x 6 or 7 $525 Sin le C t 17'/, X 6'/, $525 Niche ~ $1.75 Niche 6:x3'/: .$295 Niche 6x3 $295 Emblems ~ ~ $160 Niche 5 x .3 $295 ~ Mausoleum Famil Ground Vase $535. Small :Table Vase : $255 . .: ~.:. ~ ~ ~ ~. - ...::..:~.:: ~ ..GARDEN,~PAC'ES . ' ~ ~ ~ <- ~OUNTAINHBAD . .. - ~ PLATINUM $3,495.00 ~~ ~ 'Peace; Remembrance - .. . GOLD:.." 32,ss5.OD ..Veterans Court of Nonoc _ . . Bethesda, Memories; p9V4tioh ' Hofy Name; Apostles,; Masonic' Star o1 Dev1d. . ~. SII:VER• . ~. $2;4.98:00 Veterans II, Eternity ~ ~ SHARED EST~-'fE3 422,500.00. _ E'FERNI'1'Y COMPANION ESTATES $19,500.00 OTHER Puce Bab-land . $425.00 . ~5econd Ri ht:::: ` ~ ~ $995.00 . ~ - ' Misce llaneous. DI nify Care Package $585 Ceramic Cemeo Portrait $695 AI nit Aftercare Planner- ~ ~ - - $24$ ' Archivin Fee $80 MeM Tribute ~ $345 Transfer Fee $50 l.e al Services Membershi 7''YearA/N On! $150 Flowers As Selected 24 Houl Compassion HelLline (1 Year A/N Qnl $95 Outside Vault Setting Fee $95 .Fountainhead Memorial Park & Funeral Wonte, February 1, 2.007 ~ ~~,~ _ _. 04/~6l2007 14:26 :~ :3~17242B6I~.'. , "~. ~ .~:... ~ FOUNTAINHEAD . All bench ~siteS. re uire~Genervl ~Mana ~ er a royal rto t / d Item # ~~ ~ Pihk Pear! Granite Onl MDOOMIS.C . Granite Bench~withnut Base=~Maitsoleum Walk t7nl ~. MOOOMISC 'Granite ~enoh with Granite Base 8_Vasp . IISC Granite. Cremation ;Bcnch.with Granite 8 :OPENING .AND # Service MNT I' t PAGE 03ls4 r o Sa a en most benches re uice a base M 'S S ite Vases S $ $3 SERVICE FEES* Mon• n efinent ~ ..~- $1095 $1145 _ $1345 .. .. , EN7MFlMNT EntombmenC ~ '~ $1D95 $1145. $1345. ... ., 1NU:RNMNT, 7nurnmertt : - , 5545 ~ 95 $&9"5 Bab `-,._~_~_ , "5135 5155 $265 INURNMENT ~Inumment at.Cemete ~ convenience No service .~ $545 ~ $695 ~ _ $895 Additional tent arid.:12 chairs ~ ~ ~ ~ $275 ~ $275 ~__ $275 DISINTER Disinterment; Weekdays 9:00 am.to 3:00 pm gnly DisDis ment Disentombment ~ Baby ~ Cremation ~~~'` -~ .. ._~: 51260 _ $1095 $380 $595 Dpenfng ,arid C/Qs1ng $QrwCQ 'Fees: ~ ~ Fees iriclude..but 8fe nOt limitad b consultation with family; preparation and filing o ecessary authorizations and Ro115anfs;. COOrCIlnaEing with. those- providing other portions of the funeral- (Funeral Homes and vain ompa>iiesj; locat'Ing and Preparing the space; handling all equipment needed; arranging flowers immediately following the service ~p dressing, seeding and/or sodd-ng' disposing offlowcrs burdays.a~'er the service; and many ot`hi?r details that must be handled. Foi~ntainliead Memorial Park & Funeral Home, Fe6ruety 1. 200T odel Bench Situ Total f =44 $850. '$800 $1 - 44 S1 140 $SDO $1 - 45 $1,300 1,995 ' `04'/~fi/2007 14:2b ~ :3217242861. ~ FOUNTAINHEAD .. ~. . . .. •. C s>fom . emOrialS ~. !n Cambridge; Mayfair, & Sussex Designs PAGE. 04/04 L- _ Add $995 for 1»divldual scu/p~ortrait or•,>s1•,900.for a cpm anion-scu~~ortrait. ~` Premium Memorials . In' Cameo, Sl~plicify, 8 Cascade. Design /te # . m MBV75616 ~ ~ .... ... .. Coat anion wlvase BronzE . 8 ~MBV52430 . Individiaals.or:Gom anion~w/vase-. ` ~.~~ 5 x16 24x30 MBV74Q 14 Coat anion wlvase :: ~: :- .. ~ , 44 x 14 MBV71 G24 .. Corn anlon~w/vase .. ~ 18 x 4 MBV724]4 Iridividual.v~%vase 24 z 14 Price Item. # Base Price $3,386 BGaV6020 60 x 20 $475. $2,595 BGRV2B34 28 X 34 $465 $2;61.5 BGRV4818 48 x 18 $355 $1,595 ~GRV2028 20 x 28 $265 $1,495 BGRV2818 2$ x 18 $265 Classic Memorials In Roekedge; Seabroolt; & Wooalcresf besigns item # MBV35616 ~ ~~ ~ Com ar~itin W/vase : ~ ~ ~ ° ~ ~.Br+pnze : -::56 x 16 Prica $2 895 Item # . BGRV6020 Base Price MBV32430 MBV34414 ~ Individuals.or Com anion w%vase... ~ ~ . ~ ~ 24 x.30 , $2,295 RGRV2834 60 ~x 20 28.x 34 $475 $465 MBV31624 Com anion w/v~s~ .. Eom anionw/vase ~ ~ 44 z ~14 ~ 2 195 BGRV4818 48 x 18 $355 MBV32414 Individual w/vase ~ 16; x 24 $1,495 BGRV2028 20 x 28 $265 . .24 x 14 $1 295 B.GRV2818 28 x 18 255 .. ~ ~ .. .::.. ........ ~ ial ed er:Me or s ~ ~ `'la aockedg~ or Eden Designs • Item # MB000 UST ~~ ~ ~~:~ ~ •Bronze .Cfoss wl 2~ vases ~ ~ ~ - ~ Bronze ~ Price /tem.# ~ Base Price _ MBOOCt1ST . . Full t ed er WI 24 x 42 -- -- $2,695 - - BGRVLDGR 32 x 56 $925 . M13V11624 x 76 $ x 28 Item #` ~ ~ ~, ~. ~ • ~ .. :... ~ price /tem # Base Size Price MV_V52412: • .V Altenlative Memorial P.ro ramvvtiase ~ $1225. BGRV6D16 " 60 x 16 $475 MVN32412 . _Vet$ Alternative Memor(2il~Pro4rarh w/o vase w' $850 B.ORN6016 60 x 16 $425 MBV32412 24.x 12' Matching VetSV//vase assernpjy ~ ~- MBN12412 24 x.12 Matchin Vets wlo uase.a$aembi~ $1,175 BGRV6016 GO x 16 - 475 MBV32412 24 x .12 Matching Vets l~outile Interment vwNase assembl $800 BORN6016 60 x 16 $425 ~-.-~. Y $1,175 BGRV2838 28 x 38 $475 MBN12412 .24 x 12 Matohin Vets 17oubli: Interment w1o vase assembl $800 BGRN2830 28 x.30 $425 MBV32412 24 X 12_ Matchin .Vets Memorial:wwase assetntil on: ranite $1175 BGRV2824 28 x 24 $375 MBN12412 24x.12. Matchin Vets Memorial wlo vse assembf 'on ranite $800 BGRN2816 26 x 16 $325 - vets:Com anion Granite w/vasehofe~ no.vase~ : BGRN6o16 60 x 16 $475 - Vets Com anibn:Grariile w/o vase hete~ ~np vast BGR.N6016 6D x 16 $425 ~~ Vets Companion c3ranite,in+Nase hole; Ito~vase ~ ~~ `~ : - BGRN283B 26 x 3B $475 - vets Corn anion Granite w/a:vase hcle; no vase ~ - BGRN2830 28 x30 $425 - 1Lets individual Granife w/vase hole no vase - BGRV2824 28 x 24 $375 - Vets individyal Granite vvlo vase hole;. no vase. BGRN2816 28 x 16 $325 MB-v12412 24•x 12 Matchin :Vets Bonze Memoriatw/o Granite or vase $800 _ MOOOMISC -Vets Vase Unit ~issembl $375 . (SRMS C' Bronze Refihlshin .B :Sixe - $195 $265 $325 $595 ~(.. ? i - g vase Cremarial tddger w/ 2 ~ -~-----, Founfai~liead Merr-o[ia/ Park & Funeral Home, February i, 2007 firers; w/vase : l ~: 1e; x 24 . I $1, Veteilrans Memorials _APR_-27-2007_ .-•10 ~:09 ~ _ _ • FLORIDA . FIEMDRI AL: GARDENS P . 02 ~320.Spring Street, Cocoa, FL 32927 5950 S.US-Hwy 1 Rockledge, FL 32955 7303 Babcock St SE, Palm Bay, FL 32909 Tel (321) 636-6041 Fax (321)•63I=321$:. :Tel (321):636-5.054:'Fax (321) 639-6250 .Tel (321) 768-0.776 Fax (321) 724-2861 CEMETERY PitICE,DISCLOSURE. _ .. ~ . ~~ ~V'•'~ ~ ~~ ' ' • ~~ EffectiYe.Match I6, 2007 _ Customer Signature : ( ~..: ~:: % `~ : ~.Df ~(:0 . ~~ Y ~°~' ~ .Date C~ The current retail price information is .provided in accordance with Florida Statutes and is subject to cha e. You may select the Interment Rights,lnerchandise and services bf.~our choice and will only.be charged for those items selected and purchased from us. Special orders of merchandise not listed below will be quoted upop~ request. ~ ' The purchase and'payment'of the Professional Service fee {Opening and Closing) is required in order to use any Interment Rights. Entombment. Interment;_Inurnnient Risthts;~ :. Second Right Interment7inurnment_ $995 Mausoleum .. ~ .. '. •. GardenSoaees Deluxe Companioti =side by side 57;850 °to~ $14;050 Single $2,595 to $3,495 Fanuly Companion=.eniTto end $7,250 to: $11;950 Babyland~ ~ 5425 Single ~ .. $4,85U to,$8,b00 , • ~ ~ Memorial Benches . Niches .. : ' ~ Granite Benches $1,895 to 53,695 Single . ~ ..~. $1;150 to $2,915 • : ~' rn Vanits: $'165 to $695 Lawn Crvats.. .. ~ ~ ~ . ~ ' $6,745 ~ Bronze Memorials $295 to $11,420 ' ' ~ ~ ~ ~ 'Granite Bases ~ $150 to 51425 Burial Vaults : ~ ~ ~ ~ ~ ~. ' $895 . to 52,23 ' • 11%Iiseellaneous . Urns . $200. to : $1,595 Family Heritage Registry . 5450 =~.. • Temporary Marker $180 Bronze Crypt'& Niche bettering ~ x:$175 io. ~`~575 Doge Release $225 . . • Outside Vault Setting Fee . $95 Caskets ~ 'Ceramic Carideo Portrait $695 ' . ~ Mausoleum Tray $17S to $295 Traditional ~. ~ . . $695•.ao. $B,SOU _ Table Vase $255 Orthodox ~ ~ ~ ~ ~ ~~ 5.),395 to - $3,495. ; ~ Crround Vase ,Assembly $535 Cremation ` . ~ ~ ~ ~ 5595 t0 $795 Flowers As Selected ` -. Iiadedor Crypt Emblems $160 Professional Service Fee of Cemetery.Staff (Openizig &:Closing)* ~ Bronze Refuiishing $195 to $595 .. ~ ~ Archiving Fee $80 Adult ~ ~ ~ ~ ~ .: ;:51;095 .to $1,295 Transfer Fee 550 Baby ~ 5125 .to ~ $245 Dignity Care Package. $635 - Cremation _ $545..to. , $795: Dignity Aftercare Planner.. $245 Disinterment/Disentombment ~ ~ : ' $595 to :$'tt145 ' ~ 1VIeM Tribute ~ ~ $345 Disinurnment '$595. MeM Album 550 Legal Srvc's Membership - lyr $150 Private Estates -~_ $28,816 & Ula - Desissned to meet your needs • Garden Ol'Memories=Cr~mationMemorialtzation Options. $59Q to $17,820 C,; \ ~~1 .. ~ .. _ ~~ *Professional~ Service Fee of CemeEerv Staff (Ouenine & Closing)i Fee includes but is not limited to consuhation with the family; preparation and filing of necessary authorizations and consents; coordinating with those providing other portions of the funeral (Funeral -Homes And Vault Companies);. locating and ,preparing the space;. handling all equipment needed; arranging flowers immediately following the service; top dressing, seeding and/orsodding; disposing of flowers four days.after the service; and other required details. , • . . ~ Revised 2-O1-07 TOTAL P. 02 ,2007 . 02:00 7729.784.790: ! ~ CITY CLERK F'A4t_ l9'L/ b'1 . :.. ` V %'f3:46P FROM:HEWLITT:PAGI~ERD:... 18006132656 T0: 17722289927 WHITE CITY CEMETERY ASSOCIATION 3800 SUNRISE BOULEVARD . - FART PIERCE, FL,34982 ^ir• ~I1+ii'(~ r~'•i Fig C~ ' ~,•.`:~~~ i~~~.~I n~)k ~tSi~ ~ ~ . . ... .l.f'iift:f.'rl'.h. .. ~` `V M'r j K.n.. P.3~3 .13010 6 ~~o RESOLUTION NO. R- A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida owns and operates a municipal cemetery; and WHEREAS, Section 34-11 of the Code of Ordinances of the City of Sebastian requires that cemetery rates be set by resolution; and WHEREAS, following a review of existing rates, the need to increase the cemetery trust fund for perpetual maintenance and preservation of lots for City residents for the next several years initiated a need to increase rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. INTERMENT AND SERVICE RATES. Interment and service rates are hereby established for: 1. Residents who reside in the corporate limits of the City of Sebastian. 2. Non-residents. Interment and Service Rates shall be as follows: C \ \~ Cremain & Niche Interment 40 Cremain & Niche Disinterment 40 Opening/Closing (any type of burial) Weekday (services that run past 3:30 pm will be charged at overtime rate) 150 Weekday after 3:30 pm, Saturday and Sunday 225 Holiday 300 Administrative/Transfer Fees Refunds and Transfers 5% of original cost Preparation and Installation of Temporary Markers 10 ~~~ Section 2. SERVICES INCLUDED. The purchase price for in-ground interment sites includes sodding of the grave site and perpetual care, but does not include the cost of installing a suitable concrete foundation for grave markers as required by Section 34-18 of the Code of Ordinances of the City of Sebastian. The purchase price for niche interment space includes a bronze plaque provided, engraved and mounted by the City of Sebastian. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Resolution shall be come effective immediateiy upon its adoption. This resolution was moved for adoption by Councilmember .The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andea B. Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2007. By: CITY OF SEBASTIAN, FLORIDA Mayor Andrea Coy ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney ~~ ~`~~ QTY OF _~~ ---- HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 MEMORANDUM ~w .~~ ~~T w~ ,~~ Date: 4/I 7/07 r~~~ ~ ~ L-~-ss ~ ~' ~ ~~~ S ~~ T ~~h 141 S. o i. `~-t ~ ~' ~~"'C /~R' ~ ~ ~. (~ ~ ~ j To: Damien Gilliams ~~ ~~,~, ~_ ~ G 1623 US Hwy-1 ~~sz ~- ~ _ rr- ~- f ~~",~ : ~- Sebastian, FI. 32958 °. --~ ~^ ~ ~ ~ /~~ ~~ti From: Wayne Eseltine, CBO ~ ~ S ~° " ~ Building Director ^ ~ ` Subject: Agreement for allowing installation of dock pedestals for the purpose of providing lights and water on marina dock located at 806 Indian River Dr. in Sebastian Damien, Pursuant to our previous phone conversations, the City of Sebastian has agreed to allow the remaining 23 of the original 31 dock pedestals proposed, to be installed on the dock at 806 Indian River Dr. at the locations shown on the original plan for the purpose of providing lighting and water to the dock under the following conditions: It is understood by both parties that the all electrical outlets and associated breakers are to be removed from the 23 pedestals and the openings will be sealed with approved cover plates. The electric that will remain in the 23 pedestals will serve the light and associated breaker only. All pedestals will be inspected for compliance with the Building Code and National Electric Code by the Building Department. This modification will be considered a condition of electrical permit No. 06-004805 and must be shown on the approved plans for the permit. Any future restoration of electrical power to the individual pedestals will require a new permit from the Building Department. Signature is indication that said party agrees to all conditions contained herein. ~- CC AI Minner, City Manager; Rich Stringer, City Attorney; Rebecca Grohall, Growth Management D' . "An Equal Opportunity Employer" ~~, Celebrating Our 75th Anniversary \ ~~a- Clfl'OF 1225 MAIN STREET TELEPHONE (772) 388-8201 SEBASTIAN, FLORIDA 32958 FAX (772) 589-5570 To: Rebecca Grohall, AICP, Growth Management Director From: Rich Stringer, City Attorney Date: April 23, 2007 Re: Flagship Marina boat slip restrictions I have been asked to render advice as to what would be required procedurally to modify the restrictions placed on boat slip usage at the Flagship Marina (f/k/a Channe168 Marina) under the final agency actions governing use of the site. The property is governed by a Revised Site Plan Approval by the Planning & Zoning Commission granted on October 3, 1996, and a Special Use Permit for outdoor seating on a dock granted by City Council through Resolution R-97-27 on May 7, 1997. The examination begins with the proposition that staff generally has no authority to administratively undo the enactments of a decisional body such as the City Council. The easy question involves Resolution R-97-27. I have reviewed the Land Development Code, which has been extensively modified since 1997, and find no requirement for a special use pe?mit for outdoor seating on a dock. It should be further noted that the area in question has been treated as a deck in the approval of the placement of awning, and the prior debate about its classification as a deck or a dock is now immaterial. The City Council could, if it desires, pass a resolution nullifying R-97-27 without the need for further action. The conditions of the Special Use were merely conditions of the site plan approval readopted, so not much would really change other than taking out the Council's mandate on the restrictions. Such an action by Council would leave the property governed by the Revised Site Plan. The process utilized to modify the conditions restricting the boat slip use would depend on what modification is being sought. If the owner merely wants to change the number of slips that can be used for restaurant patron parking, this would typically be processed administratively as a minor modification. However, where an owner asks to modify a specific condition from a P & Z approval, our precedent is to ~~ l \~, EI4ME QE PELICAN 15LA~VD informally take the matter back to the P & Z for authorization before granting the modification (see attached minutes excerpt of 3/17/2005 meeting as an example). If the owner is looking to electrify the slips designated for restaurant parking, the decision to deny electricity to these slips as inconsistent with the approved use was am administrative determination that was not appealed and is, accordingly, binding. However, if City Council desired to pass an ordinance authorizing electrification of boat slips used for parking at a waterside facility, this would be the only avenue to change the current status on this issue. The final issue involves the use of the 10 boat parking spaces for short-term (up to 2 or 3 days) overnight moorage by visitors. The owner has argued that the P & Z intended to allow such a usage of the ten slips when it provided for use of the spaces for "transient restaurant parking slips". There is a category called "transient live-aboard" under marina uses in the LDR that provides for the use the owner wants to put in place. Despite the unfortunate use of the word "transient'' in the F&Z approval, the file cleaziy shows that P&Z did not intend to approve this live-aboard usage as shown by: a) The history of approvals and modifications demonstrate that the owner initiated the special designation of these ten slips by claiming them as parking spaces for his required parking allotment, and this special designation carried through on subsequent modifications; and b) There were no pazking spaces required for these ten slips, whereas there was and still is a requirement that spaces be provided for the "transient live-aboard" category of marina uses. This question is moot, however, as this was a subsumed administrative determination that likewise was not made part of the appeal and was, thus, waived. If the owner wishes to add "transient live-aboard" slips, the options aze to either provide more parking or pursue a variance. However, the expansion of the nonconforming use by adding transient live-aboard would require modifying the site plan approval and it would have to meet (or obtain a variance from) existing standards. The methodology of calculating parking for restaurants has changed, and staff has advised the owner and the tenant that a preliminary examination indicates that the facility would face an enormous deficiency in parking under the current standazds. Should you need further guidance in flus matter, I am always available. ~ cq N PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF MARCH 17, 2005 Mr. Hass discussed the Maytag facility on CR-512. When it was approved for development in 1998, they proposed a dumpster enclosure on rear of the project site. After complaints from the resident at the rear of the site, the consensus of the commission at that time was to eiiminate the dumpster iacation. The business is under new ownership and the new owner has placed a couple of dumpsters at the rear, one for recyclable materials and one for cardboard trash. The neighbors complained and code enforcement has been to the site and gave the owner seven days to remove the dumpsters. After speaking with the owner, he would like to go through any procedure to obtain approval to place dumpsters on the site. After discussing this with the city attorney, it was felt that it should be presented to the commission. Mr. Stringer added that the approval for the dumpster placement can be done as an administrative amendment to the site plan, but since the commission specifically removed Phis from the plan we felt the commission should discuss the issue and direct us. MOTION by Oakes/Smith to take a consensus to support the recommendation by Tracy Hass regarding Maytag at Sebastian Boulevard. ROLL CALL: Mr. Faille yes Chmn. Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. Oakes (a} yes Mr. Simmons (a) yes The vote was 6-0. Motion passed. Mr. Hass informed the commission about a new subdivision at CR51 Q and 66~' Street in the county, which is a 900-unit subdivision and recently the office received information about two other projects. Both of these projects will access their sites through Schumann Drive. Mr. Hass announced that Susan will be leaving and going to be working with the city attorney. Mr. Hass added that he would be out of th.e office for the next week attendng an AICP conference. ATTORNEY MATTERS: Mr. Stringer reported on the Tina[ presentation to the oversight committee regarding the impact fees. They were ready to get it done and after getting a consensus of everyone there until he pointed out that our city council had not even met yet. He said we would not be vouching for their methodology as they have stated in the interfocal agreement. We will discuss with them the transportation impact fee zones. Our district goes down to Winter Beach Road and west to Okeechobee County. By law the impact fee districts are supposed to be rationally related to the transportation impact of the people pulling the building permits and paying the fee. Since ninety-five percent (95%) of the money that has gone into that district has come from the Clty of Sebastian, we don't feel this has been a good deal. Mr. Stringer added that this is a good chance to protect our awn interests and we need to have that district changed in the near future. He feels it is time to go back to a smaller district. Chmn. Smith adjourned the meeting at 8:18 p.m. (3/21/05 SBL) 3 1c C~ lQ BEFORE THE CONSTRUCTION BOARD SITTING AS THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, FLORIDA IN RE: Revocation of Electrical Permit #06-004805 ORDER UPON APPEAL OF AN ADMINISTRATIVE DETERMINATION THIS CAUSE came before the Construction Board, sitting in its capacity as the Boazd of Adjustment for the CITY OF SEBASTIAN pursuant to City Code section 26-69, on March 20, 2007, after continuance of a duly noticed hearing set for March 13, 2007, and based on the record of the evidence and matters of law, the BOARD enters the following Order: FACTUAL BASIS 1. On December 7, 2006, Appellant Damien Gilliams applied for a permit for the installation of 31 electrical pedestals to provide power to 49 boat slips at 806 Indian River Drive. 2. On December 18, 2006, a City permit technician issued Electrical Permit #06- 004805. 3. Citing that the plans had never been approved, could not be approved as submitted, and than the permit was issued in error., Building Official Wayne Eseltine revoked Permit ##06-004805 by written notice dated January 16, 2007. Said notice further directed that for work to continue, plans would need to be submitted limiting the number of pedestals to be installed to no more than the amount needed to serve the 15 full-service boat slips approved for usage under existing development orders governing the site. 4. On January 26, 2007 Gilliams served a written notice deemed sufficient to invoke an appeal of the administrative determination to revoke Permit #06-004805, for which proper jurisdiction lies with this Board. ~~~~~ HC)ME (3F PELICAN ISLAND ISSUES PRESENTED 5. Appellant asserts that under governing law and regulation, the Building Official was without authority to revoke the permit. 6. Further, Appellant asserts that restrictions on the use of the boat slips cited by the Building Official do not exist. 7. As a matter of record, legal counsel to the Board directed that matters of equity and estoppel were not properly within the jurisdiction of this Board, and that these proceedings to determine an appeal of an administrative determination were without prejudice to Appellant's rights to raise these issues before a proper forum. CONCLUSIONS OF LAW 8. That the Building Official has the authority under state and local law to revoke the permit at issue. 9. That revocation of the permit was proper under the use restrictions governing the property. ACCORDINGLY, the Board enters this ORDER That revocation of Permit #06-004805 by the City of Sebastian Building Official is upheld. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 20a` day of March, 2007. CITY OF SEBASTIAN, FLORIDA ~. FRANK GARLAND, Chairman City of Sebastian Construction Board RENDERED this of S ~ day of April, 2007. -1 CATHY N PPI, Jerk / C~ '~ 2 CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FL 32958 Ph: 772-589-5537 Fax: 772-589-2566 E-Mail :city@cityofsebastian.org 06-004805 ELECTRICAL PERMIT - - ~ Permit Type: ELECTRIC -SUB PERMIT SEBASTIAN, FL Class of Work: ELECTRICAL Township: 31 Range: 39 Proposed Use: COMMERCIAL Lot(s): Block: Section: 06 Sq. Feet: Est. Value: Book: 001 Page: 001584 Cost: Total Fees: 45.00 Subdivision: Amount Paid: 45.00 Date Paid: 12/07/2006 Parcel Number: 06313900000007000005.0 . - Addr: I Address: 806 INDIAN RIVER DRIVE SEBASTIAN, FL 32958 Phone: Lic: Phone: srk -D€s~:-n~Y+RE=P'E-81ST - I nspections equtre T71 C~TtRlV1.l~T~~Ci OiVT~ ~y~17C1'l IC AI/lT !`ll1~~A~ACAI(`C!l IA/IT ~ MONTHS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 5 MONTHS AT ANY TIME. THE CONTRACTOR HAS CERTIFIED BY SIGNATURE OF APPLICATION, THIS DOCUMENT AND PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS ~ rnnnoi icn ~nnTU ~niu~ ~~ `NOTICE "` IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE F~D_DITIONAL MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ** WARNING TO OWNER ** YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR • I ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. THIS PERMIT IS APPROVED ON THIS DATE PURSUANT TO THE FLORIDA BUILDING CODE. WAYNE, ESELTINE , BUILDING OFFICIAL. ~ , ~,/~ ~ ~~,~~,~ Contractor~lor Authorized Agent Date INSPECTIONS SHALL BE REQUIRED FOR ALL PERMITS. ~ C} L= ~ 1 ~ ~.~ t ~~ ~~ ~,,~ ~~ ~ ~~ ~ ~~ ~. U1Y OF ~; ~~ ~~ r ~~' ~, ~ ~4 b~4 HOME OF PELICAN 15lAND 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 388-8201 ^ FAX (772) 589-5570 O~'~'ICE Oi TfIE CITY ~1TTORAEY To: Sebastian Construction Board From: Rich Stringer, City Attorney Date: March 13, 2007 ttt~~~ Re: Gilliams electric permit appeal I do not recall the Construction Board having a similar matter before it in all my years here, so I feel a memo is in order. You are presented with an appeal of an administrative determination, in this case, the revocation of an electrical permit. Under City Code section 26-69 this Board sits as the board of adjustment for the Electrical Code. The relevant item of jurisdiction as a board of adjustment is the authority to "hear and decide appeals when it is alleged that there is error in any ... determination made by an administrative official ...", City Code section 54-1-2.5(b)(2). Thus, the only issue that may be determined by this Board is whether it was erroneous for the Building Official to revoke the electrical permit. This Board does not have the authority to grant a variance to the requirements of the Code, to modify the approved site plan and conditional use approval for the subject parcel, nor does this Board have the authority to decide that the City is required to honor the previously-issued permit due to considerations of fairness or equity. Those are all matters that may only be properly considered by another body. The original permit revocation was based upon matters contained in both the Electrical Code section of the City Code, as well as matters arising under the Land Development Code. Rather than splitting the issues for determination by separate boards of adjustment, which is not accepted practice in matters of conflicting jurisdiction, I determined that the matter was most properly placed before the Construction Board because the ultimate issue revolves around revocation of an electrical permit. Although this Board by its nature tends to deal with narrow issues relating only to the technical codes, it must be remembered that those provisions do not operate in a vacuum, and in this matter there is an interplay with other provisions of City Code, state statutes and the Comprehensive Plan. For this reason, I recommend that the Board call a special meeting for next week and continue this appeal to that time. If the continuance motion specifies a time and date certain, then there will be no need to republish the required public notices. ~i Z, U Z CfiYOF 5~ .~.._ ~_ :_ ~_-~ __ HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 I, Sally A. Maio, MMC, do hereby certify that the attached is a true and correct copy of the Channel 68 Marina and Restaurant Site Plan prepared by Kimball- Lloyd Job No. 90-245. The plan includes 4 sheets and the first sheet is signed and dated 10/10/96 by City Engineer Daniel Eckis and date stamped for receipt Oct 10 1996 and is Sheet 1 of 4 and includes references to revisions 1 (1/12/95), 2 (9/11/96), 3 (9/30/96), and 4 (10/9/96); the second sheet is landscape and is not numbered but is signed with the date 10/10/96 by City Engineer Daniel Eckis and includes references to revisions 3 (9/30/96) and 4 (10/9/96); the third sheet is pavement and fuel tank and is illegible where the sheet number would be and is signed with the date 10/10/96 by City Engineer Daniel Eckis; the fourth sheet is handicap acces and parking and is shown as sheet 4 of 4 signed with the date 10/10/96 by City Engineer Daniel Eckis. Signed and sealed this 12th of March, 2007. ~: ~~, ` ; ~, Sally A. M ,MMC City CI City of Sebastian Lu3