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HomeMy WebLinkAbout10242007cRV c~ ~.S~T - „` -mm ~ , HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 24, 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 -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER WOLFF 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal atfacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.004 A. Certificate of Appreciation to Trish Adams for Natural Resources Board Service 8. ITEMS CARRIED FORWARD FROM OCTOBER 10, 2007 MEETING 07.182 A. First Reading Ordinance No. 0-07-14 -Change `Occupational License' to `Local 1-10 Business Tax' -Schedule Public Hearing November 14; 2007 (City Attorney Transmittal, 0-07-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 30 BUSINESSES ARTICLES ii LICENSING TO REFLECT STATUTORY CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 07.183 B. Approval of Date for Christmas Parade -Saturday, December 1, 2007 -From Main 11 Street to Deliver Santa Claus to His House in Riverview Park -Sponsored by City, GFWC Sebastian Junior and Woman's Clubs, Sebastian Property Owners, and Chamber of Commerce -Specific Street Closings and Times to Come Back in Report to Council at Next Meeting 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. 13-22 A. Approval of Minutes -10/3/07 Special Meeting -Collier Creek 23-25 B. Approval of Minutes -10/3/07 Special Meeting - P & Z Member Removal 27-40 C. Approval of Minutes - 10/10/07 Regular Meeting 41-50 D. Approval of Minutes - 10/17/07 Workshop o7.os2 E. Approve Sixth Annual Treasure Coast Crafters Club Craft Show at West End of 51-56 Riverview Park - 12/15 and 12/16 - 9 am to 4 pm - $100 Fee Paid (Parks Transmittal, Application, Receipt, List of Local Donations) 07.185 F. Approve Piggyback Purchase (Florida Sheriffs Association Bid 07-15-0827) 57-so 2008 GMC Sierra Pickup for Parks and Recreation Division -Alan Jay Automotive Network in Sebring, FL in the Amount of $15,599 (Parks Transmittal, FSA Quote) 07.186 G. Authorize City Manager to Accept COPS Secure Our Schools Award 61-67 Agreement #2007CKWX0091 in the Amount of $12,502 and Administer as Pass-Thru Agency on Behalf of Sebastian Charter JHS and Sebastian Elementary (PD Transmittal, Letter from SCJHS, Budget Summary) 2 07.187 H. Resolution No. R-07-43 -Florida Dept. of Transportation Joint ss-1o2 Participation Agreement for Construction of T-Hangars (Airport Transmittal, R-07-43, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT T-HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. o7.1ss I. Resolution No. R-07-44 -Terminating Florida Dept. of Transportation Joint 103-107 Participation Agreement for Design of "Taxiway C" (Airport Transmittal, R- 07-44, Termination Form) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO TERMINATE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT THAT PROVIDED FOR THE DESIGN ON TAXIWAY "C"; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.189 J. Resolution No. R-07-45 -Endorsing Sebastian River Area Chamber of 109-111 Commerce Effort to Establish an Economic Development Plan (City Manager Transmittal, R-07-45) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENDORSING THE EFFORTS OF THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE TO ESTABLISH AN ECONOMIC DEVELOPMENT PLAN FOR THE SEBASTIAN AREA. 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 07.065 A. Police Pension Board 113-126 (City Clerk Transmittal, FS, Applications, List, Ad) Interview Unless Waived, Submit Nominations and Fill Two Civilian Positions -Terms to Expire 10/09 (Clerk Transmittal, FS 185.05, Applications, Member List) 11. PUBLIC HEARINGS -None 12. UNFINISHED BUSINESS 07.148 A. Presentation of Clambake Foundation Financial Records Relating to Clambake Festival by Attorney Warren Dill (Backup to be Provided at Meeting by Mr. Dill) 13. NEW BUSINESS 14. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 3 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mr. Mr. Paternoster B. Ms. Simchick C. Mr. Wolff D. Mayor Coy E. Mr. Neglia 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) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel L5 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 lS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: November 14, 2007 - 7 pm November 28, 2007 - 7 pm December 12, 2007 - 7 pm January 9, 2008 - 7 pm January 23, 2008 - 7 pm February 13, 2008 - 7 pm February 27, 2008 - 7 pm March 12, 2008 - 7 pm March 26, 2008 - 7 pm April 9, 2008 - 7 pm April 23, 2008 - 7 pm May 14, 2008 - 7 pm May 28, 2008 - 7 pm June 11, 2008 - 7 pm June 25, 2008 - 7 pm 4 City of Sebastian, Florida o~c~ o~ °r~~ crrY ~z~°ro~v~Y~ AGENDA TRANSMITTAL Agenda No. ~ 7~ ~ g~ Subject: renaming of occupational licensing; Date Submitted: 10/4/07 0-07-14 For Agenda of: 10/10/07 SUMMARY: State law has changed the vernacular for occupational licensing. The proposed Code changes bring Sebastian into line with the state law changes. RECOMMENDED ACTION: At Council's discretion - Move to pass Ordinance 0-07-14 on first reading and schedule a public hearing for November 14, 2007. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: 0 ORDINANCE NO.O-07-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 30 BUSINESSES ARTICLE II LICENSING TO REFLECT STATUTORY CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the state legislature has control of local taxing authority; and WHEREAS, the legislature has renamed occupational licenses to local business; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 30-27 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: Sec. 30-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Local business tax means those charges established by the city council contained within the schedule of this article, as such charges maybe amended from time to time by ordinance, and promulgated pursuant to the authority conferred upon the city by F.S. ch. 205, or any successor thereto, for the privilege of doing business in the city. Receipt means the document that is issued by the local governing authority which bear the words "Local Business Tax receipt" and evidences that the person in whose name the document is issued has complied with the provisions of this Article relating to the business tax. Section 2. That Section 30-28 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-28. Persons subject to lie local business tax. A -tax for the privilege of engaging in or managing any business within the city is hereby levied on: (1) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction; (2) Any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within its jurisdiction; and 0 (3) Any person who does not qualify under the provisions of subsections (1) and (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such ~ tax ~ is not prohibited in section 8 of article 1 of the United States Constitution. Section 3. That Section 30-29 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-29. Required. No person shall engage in any activities for which a ~ local business tax receipt is required by this article, unless such person has a valid local business tax receipt issued by the city. No person shall knowingly make a false statement in the ~ local business tax receipt application as to conditions or facts upon which the fee is based. Section 4. That Section 30-30 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-30. Disagreement as to classification; appeal. If there is a disagreement between the applicant and the city on the question of proper classification for any person or business taxed or to be taxed ~, the director of ~ growth mana e~ shall decide the proper classification with the right of the applicant to appeal the decision to the city manager, whose decision upon the point shall be final. Section 5. That Section 30-31 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-31. Term of lase local business tax receipt; when tax fee due; delinquencies. (a) All ~ local business tax receipts shall be sold by the city beginning ~ Jul 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. s Local business tax receipts that are not renewed when due and payable are delinquent and subject to a delinquency penalty often percent for the month of October, plus an additional five percent penalty for each subsequent month of delinquency until paid. However, the total delinquency penalty may not exceed 25 percent of the tax for the delinquent establishment. (b) Any person who engages in or manages any business, occupation, or profession without first obtaining a local business tax receipt, if required, is subject to a penalty of 25 percent of the ~ tax due, in addition to any other penalty provided by law or ordinance. (c) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required local business tax within 150 days after the initial notice of tax due, and who does not obtain the required local business tax receipt is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. 0 (d) Any person who knowingly makes a false statement in the ~ local business tax receipt application as to conditions or facts upon which the tax is based is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collections efforts, and a penalty of up to $250.00. (e) Any person who engages in or manages any business, occupation or profession covered in this chapter after revocation of the local business tax receipt for such business, occupation, or profession, is subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00. Section 6. That Section 30-32 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-32. Separate lase local business tax receipt for each business; falling into more than one classification. A separate g local business tax receipt shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any business for which a ~ local business tax receipt is required by the ordinances of the city, even though such separate business is conducted within or upon the same premises. When any occupation, business or profession shall fall into more than one of the classifications contained in the schedule set forth in section 30-51, such occupation, business or profession shall comply with the ~ requirements of each classification. Section 7. That Section 30-33 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-33. Change of location; transfer of lie local business tax receipt to new owner; duplicate ~ local business tax receipts; fees. Upon presentation of the original ~ local business tax receipt, any leg tax receipt may be transferred from one location in the city to another location within the city upon completion of an application and payment of a transfer fee often percent of the annual leg tax, but not less than $3.00. A local business tax receipt may be transferred to a new owner when there is a bona fide sale of a business upon payment of a transfer fee of ten percent of the annual ~ tax, but not less than $3.00, and presentation of evidence of the sale and the original ~ local business tax receipt. Duplicate ~ receipts shall be issued upon written request and upon payment of a duplicate ~ fee often percent of the annual license tax, but not less than $3.00. Section 8. That Section 30-34 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-34. Half-year tax . The tax for new licenses issued from April 1, through September 30, shall be one-half the regular annual tax. O Section 9. That Section 30-35 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-35. Applications. (a) All applicants for local business tax receipts shall submit their applications to the director of ~ growth manaeement not less than two weeks prior to the commencement of the proposed activity or function. (b) Any person applying for a local business tax receipt to practice any profession regulated by the department of business and professional regulation, or any board or commission thereof, must provide proof of an active state certificate, registration, or license, or issuance of the same. (c) Any person applying for a local business tax receipt or a transfer of an existing loo local business tax receipt must present a copy of the applicant's current fictitious name registration issued by the state division of corporations or a written statement signed by the applicant setting forth the reason that the applicant need not comply with the Fictitious Name Act. (d) Any person applying for a local business tax receipt to operate a pharmacy must exhibit a current permit issued by the board of pharmacy. e A local business tax receipt is not required in order to practice the profession of pharmacy. (e) Any person applying for a local business tax receipt who will be operating a business subject to state and/or federal regulations shall furnish proof of licenses and/or permits and/or letter(s) of exemption to operate same. Section 10. That Section 30-36 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-36. Evidence of engaging in business. The advertisement of any business by sign, newspaper, magazine, telephone listing, or other public notice shall be conclusive evidence of the engaging in and carrying on of the business in the city so advertised and shall be required to obtain lsg a local business tax receipt Section 11. That Section 30-37 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-37. Exemptions. Any person entitled to exemption under the laws of the State of Florida shall be exempt from payment of the local business tax to the city. If a tax exemption provision applies, a local business tax receipt must still be applied for and approved. (1) Veterans must be at least ten percent disabled to qualify for exemption. However, in no case shall a person be entitled to an exemption in excess of $50.00. (2) Nothing in this article shall be construed to require any farmer to procure a ~ local business tax receipt to sell farm, aqua cultural, grove, horticultural, floricultural, tropical piscultural or tropical fish farm products, or products manufactured therefrom, except intoxicating liquors, wine or beer, within the city, if such products were grown or produced by such farmer within the state. 0 (3) No ~ local business tax receipt shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the proceeds are used exclusively for the organization. (4) Any person engaging in or managing a business, profession or occupation regulated by the department of business and professional regulation who has a permanent business location or branch office outside the city, who has paid a local business tax for the current year to the county or municipality where such permanent business location or branch offices maintained, and who performs work or services in the city on only a temporary or transitory basis shall be exempt from the provisions of the article. Section 12. That Section 30-38 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-38. Renewal notices; nonreceipt of notice no defense. The director of ~ growth mana~ shall send out annual renewal notices to all holders of ~ a local business tax receipt no later than ~ Jul 1. Failure to receive such notice will not be considered a justifiable defense for nonpayment of any tax or late fee. Section 13. That Section 30-39 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-39. Duty of officers, agents of corporation; individual liability. It shall be the duty of all officers and agents of any corporation to ensure that such corporation complies with the provisions of this article and all officers of any corporation required by this article to ~~ pav the local business tax shall be personally subject to the penalties imposed by this article where any corporation fails to pay the tax ~ and obtain a ~ tax rem required by this article. It shall be the responsibility of any real estate agency, brokerage house, or other firm of any description to ensure that each agent, salesperson or broker affiliated with such firm complies with timely payment of the individual tax as specified in this article. Failure to do so will subject the firm to fines as maybe imposed by this Code. Section 14. That Section 30-40 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-40. Duty of director of ~ growth management to keep records. The director of ~ arowth management shall keep a complete record of all ~ local business tax receipts issued, showing the nature of the ~ local business tax receipt, the date of issuance, the date of expiration and to whom it was issued. Section 15. That Section 30-41 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-41. Updating applications. The director of ~ growth management is authorized to require updated 1 local business tax receipt applications. O Section 16. That Section 30-42 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-42. Preservation and display of lies local business tax receipt. All ~ local business tax receipts granted by the city shall be carefully preserved and displayed in a conspicuous place and be visible in the place of business authorized to be conducted by such ~ local business tax receipt. Section 17. That Section 30-43 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-43. Issuance of li~ee local business tax receipt not prima facie evidence of ability to conduct business. All businesses are subject to city zoning restrictions. The issuance of a ~ local business tax receipt under this article does not constitute the only authorization required to conduct a business in the city. It shall not give a person the legal right and authority to conduct any business in violation of any law, and in such event, no refund of the lie local business tax shall be authorized. Section 18. That Section 30-44 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-44. No refund of tax fie; exception. No portion of any tax assessed by this article shall be refunded except when such tax is collected by mistake or error. Refunds shall not be made after the ~ period for which the erroneous payment was made has expired. Section 19. That Section 30-48 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-48. City not liable for damages for losses from revocation. The city shall not be liable for any loss, monetary or otherwise, due to the revocation of a local business tax receipt. Revocation of a local business tax receipt shall require the business to cease operation in the city. The revocation of a local business tax receipt shall continue until such time as the violations that caused the revocation are certified by the director of ~ .growth mana e~ as having been corrected. The following shall constitute grounds for revocation of a license. (1) A determination by the director of ~ growth management that any statement contained in the application for a ~ local business tax receipt is false. (2) The ~ taxed business has violated city or county ordinances or laws of the state in the practice of business for which such license is issued. (3) The ~ taxed business fails to comply with zoning, fire prevention and code enforcement ordinances of the city after reasonable notice shall have been given to the ~ taxed business to eliminate or correct any condition in violation of such ordinances of the taxed business premises. Section 20. That Section 30-49 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-49. Special requirements for carnivals, circuses and other amusement attractions. A carnival, circus, or any amusement attraction shall meet the additional requirements listed in this section before a ~ local business tax receipt will be issued: Section 21. That Section 30-50 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-50. ~ Tax for businesses not specifically included in schedule. Every business, fixed or temporarily engaged in by any person, whether in a building or tent, or anywhere within the city not specifically designated in the article, shall pay a tax of $66.00. Section 22. That Section 30-51 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 30-51. ~e Tax schedule. The schedule for limos local business tax charged in the city shall be as follows: Section 23. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 24. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 25. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. O The foregoing Ordinance was moved for adoption by . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted thi; 2007. day of CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Rich Stringer, City Attorney Mayor Andrea Coy Councilmember and, Approved as to form and legality for reliance by the City of Sebastian only: ~Q mrar ~'~` r~oMC or rcuuw awao 1225 Main Street Sebastian, Florida 32958 Subject: Christmas Parade Date Agenda No: ~ 7. j g3 Approved for Submittal by: Department Origin: City Clerk City Attorney: AI Minner, City Manager Date Submitted: 10/4/07 For Agenda of: 10/10!07 SUMMARY STATEMENT Members of the Sebastian Junior and Women's Club, Sebastian Property Owners Association, Sebastian River Area Chamber of Commerce and City staff, for the third year in a row, will be inviting Santa Claus to visit Sebastian. We are hoping we can get him to visit on December 1~ . If he can make that date he would arrive on Main Street at approximately 6 pm and the whole town plans to put together a parade to escort him to his house in Riverview Park where he will meet with the children of Sebastian to hear whether they have been naughty or nice and what their Christmas wishes are. The GFV11C plans to have hotdogs and other refreshments. As soon as we get the okay for the date, we're going to get together to write him a letter and invite him to come to Sebastian before his schedule gets too busy. As soon as we know all the details of the parade and have talked to business owners on Indian River Drive we will come back to you with a report on street closings. RECOMMENDED ACTION Approve the Christmas parade and Santa House in Riverview Park on December 1~ , 2007. 4~ „I L rnvc ~~~ H011t1E OF PELICAN, ISlAIVD` SPECIAL CITY COUNCIL MEETING COLLIER CREEK IMPROVEMENT PROJECT Called by Council. Member WoIfF MINUTES WEDNESDAY, OCTOBER 3, 2007 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA RAFT 1. Mayor Coy called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Clerk, Sally Maio City Attorney, Rich Stringer Airport Director, Joe Griffin City Engineer, Dave Fisher Growth Management Director, Rebecca Grohall Lieutenant, Michelle Morris MIS Systems Analyst, Barry Siepmann 4. SPECIAL MEETING ITEM A. Collier Creek Project Staff Update (City Engineer Information from 8/22/07 Meeting The City Engineer gave a brief background and current status of the project (as provided in the agenda packet). He said staff in recent weeks revisited other methods including sodded side slopes which would mean increased encroachment into the canal and a hybrid methods which would be far more expensive and is not recommended, and that permits are in hand and staff is ready to go out to bid on October 23, 2007 on the rip rap method. l~ Special City Council Meeting Collier Creek Canal October 3, 2007 Page Two He said it is staff s goal to be able to complete the project with available funding, if we went to sodded side slope it would be less expensive but would require another six months for the permitting process, and would probably put the $500,000 grant in jeopardy as advised by regulatory agents who spoke off the record. The City Manager said it has been four years with this project, staff has followed Council direction, permits are in hand, and we are ready to go to bid on October 23'x, but if Council chose to change course, staff stands ready to respond to the pros and cons. Mayor Coy then turned the meeting over to Council Member Wolff who had called the Special Meeting. Mr. Wolff said for the record, he is a property owner on the Collier Canal, and has conferred with the City Attorney to determine if he has a conflict and has been advised by the City Attorney that he does not have a conflict so will be participating. He then moved from the dais to the podium to give a power point presentation (a DVD of his presentation is on ale in the City Clerk's Office). Mr. Wolff opened with a brief background on the project about talk of assessments, determination that the City owned the walls, decision to go with sodded slope, consideration of curb and gutter, acknowledgement that walls were not going to happen, the decision to abandon curb and gutter, the fact that people were against sodded slope, followed by an 11"' hour decision to go with rip-rap rock. He said he took former Mayor McCollum's idea and visited St. Johns River Water Management District, spoke to SJRWMD Biologist Karen Krauss who advised that in'order of preference walls were the best, then natural grass vegetation, then rip-rap, and finally sodded slope, and her personal opinion came to Council. He said he and his neighbor Bob Audette invited her to visit and took her up and down the canal, and she saw a plethora of wading bird habitat that had developed, because walls were put in during the 60's, had no maintenance and created its own environment, noting the City will be required to have mitigation for birds if we put in rip-rap rock. Mr. Wolff then compared the twin ditch project as a smaller version of Collier Creek, noting that after the heavy rains the twin ditch project performed well, and lent some criticism to the project engineers, citing problems encountered with the orifice designed too small, and rectified by cutting a v slot, exposed rebar which will need to be corrected, FPL power lines not where they were supposed to be, a collapsed culvert east of Eagle Drive not seen by engineers, and noted that there was no plan in place for Public Works to maintain the ditches for debris which has accumulated there. He said staff, at his request, recently looked at alternatives including slopes, noting seawalls are a dead issue because the City has no money for them. He exhibited the engineering drawing on page 17 of the agenda packet which shows 4:1 slope required for sodded slope noting by his own calculations the slope could go to 3:1 from the water level down to gain additional pooling area. He asked Mr. Grotke if this was the case. Eric Grotke, CDM responded that the problem you run into is the stability of the sbpe, but would have to look at the numbers before he could respond. I~ 2 Special City Council Meeting .Collier Creek Canal October 3, 2007 Page Three Mr. Wolff continued stating that this is still a viable option because with additional gain it would be close to rip rap rock.. He said he has spent countless hours on the plans, SJRWMD told him if there is an engineer's seal they approve them and later if a problem comes out they will come back and make a municipality go back and fix it. He cited grammatical and sentence structure errors in an August letter from CDM and expressed concern for its meaning and asked why no one caught it. The City Engineer said the word "therefore" should be changed to "but°. Mr. Wolff went on to exhibit photos and lists of wildlife species and vegetation that exist in the canal. He said when people are vested in this canal, they become good stewards, but with rip rap rock there will be no access for the people. He asked to be shown anywhere in Florida where there is rip rap rock, noting the twin ditch performance worked and it is grass and water and birds are wading, that a part of Hardee Park is planned to mitigate the damage that will be done to wildlife but the park is illuminated and dogs are allowed in park, stated .that slime and pollutant is planned to be pumped to Hardee Park and then has to be carted away, expressed concern for maintaining rip rap with herbicides, stating 60% of herbicides miss their target, we are going to increase the quality of water with rock and them maintain it with herbicides, noted water in Collier Creek is cleaner than in the Sebastian River, given what he has shown and what our community is like, recommended that we sod the canal and save our Sebastian, toss the rocks and save the birds, side slope it and use the savings for other capital projects. Mayor Coy asked how many in the audience would like to speak with a show of hands and then called a recess at 7:10 p.m. She reconvened the meeting at 7:25 p.m., and all members of Council were present. Mayor Coy called for public input. Robert Pliska, DeWitt Lane, recommended City look into a gabion system and briefly responded to question about the system from Mr. Paternoster. Mayor Coy told him his time was up and Mr. Paternoster said he thought that when being questioned by a Council member a person could continue. Mayor Coy said all public concerns will be addressed after public input. Vic Klein, 719 Wimbrow Drive, urged-Council to keep the walls. Brad Burnell, 525 Barber Street, said rip rap will remove his dock and reduce property value. Mayor Coy asked what he wanted and he responded walls and then sodded slope. Mickey Groeppler, Wimbrow Drive, said she was in favor repairing the wall that is there, otherwise sodded slope. Todd Klitenic, Barber Street, said he liked the wall or grass to protect wildlife. 3 ~ ~,. Special City Council Meeting Collier Creek Canal October 3, 2007 Page Four DRgFi Trish Adams, River Oak Drive, speaking. as a resident, thought rock was a better option because of herbicide use with grass and suggested modifying the rip rap shelf with planting. She said she is for dredging because we are currently providing nutrients into the Indian River Lagoon. Greg Golien, Layport Drive, recommended putting in a seawall such as that at Squid Lips and said the City could find the money for seawalls. Mr. Wolff said absent the walls what would he prefer and Mr. Golien said he wants a wall. Mr. Wolff said he believes Mr. Golien will be disappointed, after four years of fighting the fight he has accepted this Council does not have to do anything further. Robert Michalski, said the walls should be replaced with new walls and has repaired his wall with concrete. Mr. Paternoster asked the City Manager if walls were coming down and the City Manager responded that seawalls will stay in place and be entombed. The City Engineer said everything there will be protected. WilliamThompson, said the walls from the bridges north and all around the park are intact, said plastic walls were installed so people could build and recommended leaving what we have good alone. AI Manzi, Holden Avenue, said plastic seawalls would be permanent and there should be discretion with owner input, and we should have control of contractors and define in contracts what we are doing. He asked do we pump up to the Sebastian River and the City Engineer said we pump down. Mr. Manzi said we have a canal not a ditch and asked what would happen to people who have replaced seawalls. Jeanne Kooning, Barber Street, asked when the dredge material location was changed to Hardee Park and what kind of chemicals can be expected. The City Manager said staff is trying hard to avoid putting sludge in Hardee Park but a location is dictated to us by SRWMD and staff was forced to go with the Hardee Park. option for the permit and said whether you build walls, rip rap or slope there will be sludge, though staff will continue to seek a better alternative. Jeanne Koonig asked about using Airport property and the City Manager said FAA had concerns for aviation obstruction from birds. Ms. Koonig asked if the park would be closed noting hundreds of people use it every day, said rock doesn't appear to be appealing and is dangerous, grass is the better of two options, said her wall is in perfect condition and asked what happened with repairing walls. The City Manager said the repair issue died with the need for dredging, with dredging we had to fix the walls, if it were just maintenance we could alleviate ourselves from SJRWMD review, but because of lack of maintenance over the years we could not prove it was maintenance, also the project is funded from a stormwater bond which deals in quality. ~~ 4 .Special City Council Meeting Collier Creek Canal - October 3, 2007 Page Five Ms. Simchick suggested use of the Stormwater Park for sludge. The City Manager said we can deal with this at bid by creating a process open for better options. Richard Scurlock, Layport Drive, said he was at first opposed to rip rap but when shown pictures with use of rip rap the canal will end up 100 foot wide rather than 80 and urged paying attention to staff. Bob Audette, Wimbrow Drive, said Council has received incomplete information and needs to tell staff they need better information, said this canal is for the entire City to use and urged Council to take another look at grass, anything but rocks. Andy Allocco, Barber Street, said if we put sod in we will need to maintain it and at what cost, the wall will continue to undermine, and recommended looking at permanent repair before voting on rip rap and get more pricing answers. Glen Walker, Wimbrow Drive, said his seawall was intact and did not agree with rip rap, and if we can't afford seawalls go with sod. William Thompson, had already spoken so Mayor Coy asked him to be seated. Damian Gilliams, Layport Drive, commended Mr. Wolff for his great presentation, asked where the Sebastian Property Owners were tonight, said he used corregated plastic at $500 per foot, questioned not using the airport for sludge, the City could have obtained grant money by using a lobbyist, the City is looking for drainage credits, recommended selling GDC lots and using the money to fix people's walls. He asked to let the public speak and stop shutting us down. Mayor Coy gave him a warning. Mr. Gilliams said he kept track people and some people spoke over five minutes. Mayor Coy called recess at 8:28 p.m. and reconvened the meeting at 8:43 p.m. All members were present. The City Manager said the project is Councils' to direct, staff has its marching orders from Council, and no matter the method used we have to deal with sludge, and staff had no specific data on gabions. Eric Grotke said they looked at gabions and the volume of rock and the cost was much higher than other options. Mayor Coy asked if it was more than seawalls and he said he was not sure but approaching that. The City Manager said we learned a lot from the twin ditch project, that small modifications and. costs in the twin ditches project occurred but the bottom line is that the project was managed well, things do come up and will come up in the Collier Creek project, and said he address concerns and move forward. 5 f ,~ Special City Council Meeting Collier Creek Canal October 3, 2007 Page Six B. Council Discussion and Direction Mayor Coy said she would give Mr. Wolff the opportunity to speak last. She discussed the following issues, that seawalls will not come down but will be entombed, slopes will change, that this is not just a matter of wildlife mitigation but also of water quality, that the seawall provides a good quality of water, with rip rap water quality will decrease a little bit, with the sod option we will lose water quality, discussed erosion of sod and herbicides, said she wished we had $7.2 million for seawalls, that she would want a seawall if she lived there too but this is a drainage project for the City and not an amenity, said we asked if people would consider fixing and paying for their own seawalls and that was not considered a viable option, that earlier sod was met with objection, people want their seawalls but the funding is not there, suggested if possible we make an effort to save docks, and suggested seeking alternatives to putting sludge in Hardee Park, but not dredging the canal is not an option. Mr. Neglia said the gabion wall system was mentioned two years ago and was found not feasible then, but maybe can be looked into, said Mr. Wolff's presentation made him look at things differently, had a problem with using Hardee Park asking how long the sludge would have to remain and could it be brought to the landfill. Eric Grotke said sludge remains until it is dry enough to haul out and it depends on weather, can be used in the City for other uses, some can go to landfill'and disposal costs will be in the bid. He said the whole process could be approximately a 12 month duration because of rainy seasons and dewatering. The City Manager reiterated that with any process we will have to deal with stinky sludge, he wished we had answers tonight about how long or how stinky and said it may be a 12 to 18 month construction process. Mr. Grotke said in response to Mr. Neglia, that SJRWMD mandates 9" diameter rock, there will be temporary impacts on wildlife and as one area is worked on another is opened for wildlife to move to and then they will return to the original site. He said an island type approach was discussed but we don't have a lot of width in the canal, and that exotic trees will need to be removed. The City Manager said the City will have to maintain the rip rap. The City Engineer said all docks will have to come out and did not know about compensation or whether or not they will be permitted to go back in. The City Attorney said it will need to be determined how many docks have been permitted, noting we took out provisions for docks in 2001 and staff will be seeking direction from Council. Mr. Neglia said he would like to see something done with either money or replacing pilings with pipe. He said it comes down to a decision for council and a decision on rip rap was made last year, and we need to get it done. ~8 6 Special City Council Meeting Collier Creek Canal October 3, 2007 Page Seven Mr. Paternoster asked if rip rap maintenance was investigated and the City Manager cited some options and that it would not be a huge expense but will be a difficult task. Mr. Paternoster asked Mr. Grotke if he had done jobs like this before and Mr. Grotke responded that they had done the twin ditch project and several similar projects but this is the first rip rap but CDM has a large staff with experience. Mr. Paternoster said FIND may be willing to take some of the sludge and in response to him Mr. Grotke cited landfills take silt, sand can go to beach renourishment and other public works type projects. The City Manager said Hardee Park was chosen because we were dictated to come up with a plan but that other sites were researched including the St. Sebastian River dredge site, trucking, and the airport. He said there are high fees for trucking to the landfill and you can't transport sludge until it dries. He said we will replace trees damaged by the dredge site in Hardee Park. Mr. Patemoster asked with rock is there a possibility that there be a ramp incorporated every 100 feet or so and the City Engineer said there is an issue of access but there are about 60 lots on each side for mile and 24 are vacant, perhaps we could acquire those and use for staging areas. He said we are bringing irrigation lines up from canals to properties and we could create parks on empty lots. Mr. Paternoster asked with 30 to 50 years of no maintenance was this mandated by SJRWMD, and the City Attorney responded that we had to reduce overall discharge as a part of the stormwater master~plan, and this canal turned up as one of culprits, that the City did replace dams to spill over the top to reduce sludge to the river but SJRWMD said we really needed to dredge the canal and it has been in the works since nine years ago though it is not a mandate. The City Manager said in `98 or `99 the City was in hot water with SJRWMD because they were not taking apro-active approach and were told if you don't shape up you will feel our sword. Ms. Simchick said this project started before most of us were here, noted the City will be mitigating an extra half acre in this project, that during dredging birds will move back and forth, and -asked what was the cost committed to rip rap thus far suggesting we would have to add what we ditched for rip rap to the sod if we go that way. The City Manager said $600,000 was spent so far, approximately $1500 to $3000 in permits, and if we go with sod it may be an additional $75,000 to $100,000 in engineering costs and $150,000 to $200,000 additional for more mitigation. Ms. Simchick asked if we jeopardize our SJRWMD permit already in hand and the City Manager responded the number you can count on is 4.4 million less the half million grant, and we would probably lose some money but at this stage there area so many variables. 19 Special City Council Meeting Collier Creek Canal October 3, 2007 Page Eight Mr. Wolff confirmed for Ms. Simchick that Karen Krauss said rip rap was above sodded slopes. Ms. Simchick said comparing one project to another when moving dirt there are always unknowns and projects cannot be compared, said permits were filed, engineers were paid, people are all over the place and it is hard because the public is impassioned, in 2005 options came up and when we spoke about sod people cried out in opposition because of environmental issues, said environmental is rated higher for rip rap, said she called Nate McCollum today and he confirmed previous Council action, said this method is the most economic and environmental and she can't find she can undo what has been decided. Mayor Coy noted she had a phone call from Lisanne Monier who urged that they remain with the plan. Mr. Wolff said he was sorry he brought this up, stated Ms. Simchick and Mayor Coy spoke of Nate McCollum and said Brian Burkeen got in his face and called him Mr. Rip Rap Rock in these chambers and when he stirred things up when McCollum and Burkeen wanted to widen Barber Street to four lanes and got people to show up at the library they had a fit and called him. Ms. Simchick called a point of order stating Mr. McCollum is not here to defend himself. Mayor Coy said she did not think he said anything derogatory. Zfl Mr. Wolff continued stating he had defended Ms. Monier during the Art Festival item, and that Mr. McCollum and Mr. Burkeen shot him down for the same reason, said that nobody really cares, that no Council member has ever been down on the canal after numerous offers, that people spoke about the preserve near Ms. Simchick's house but no one cares that they chase out wildlife from people's back yards, that CDM overestimated impact, he has 300 feet of vista and nothing to lose but is doing this because he knows what is right and wrong, that rock does not enhance, residents are confused because they think pools may fall into canal with sod, that CDM had the wrong slopes and any drawing can be made to show whatever the customer wants, that water quality is not that bad and is better than the river, recommended the sod option because you are chasing away wildlife, no one can show him where there are rocks on fresh water in Florida and no one on Council has done a fraction of the research he has done. He said he sat across table from Karen Krauss and she told him SJRWMD doesn't dictate. He said the bottom line is rock is going to come in, water quality is going to be better, .but how will anyone be able to detect it because no one will test it, and trees in canal will be cut down. He said CDM talk about rocks being good habitat is nonsense, the City will take care of docks but they won't, he has heard so many people talk about the environment but they are hypocrites, the twin ditches was sodded side slope and there was no talk of environment, they are going to put sludge in Hardee Park, that putting the sludge on Fischer property was discussed but might be problem with being near Ms. Simchick's home, said herbicides are going to be sprayed and again that people just don't care and wondered how can people be so confused at this point. He said the next time we hear about saving trees and birds and water quality it is all fluff, agreed with Mr. Gilliams about Sebastian Property Owners Association, said he cared and did his research and homework, that CDM has our half million dollars and now it will cost more and they can't even write a letter in the English language. Special City Council Meeting Collier Creek Canat October 3, 2007 Page Nine Mr. Neglia asked if he could tell him why he says Council won't do the right thing and why not to trust staff. He told him don't ever say he doesn't care because he does care, he may not do as much homework as Mr. Wolf but he talks to people and Council does. care. Mr. Wolff responded he stands by what he says and again said no one has come down to the canal. Mr. Neglia said he has been there. Mr. Wolff said he has not said anything about City staff despite being emotional but his criticism was for the consulting engineer, and said you heard the City Manager said there is no plan for maintenance, and you tell me Ms. Monier calls, give me a break. Mayor Coy said it is obvious how close this issue is to Mr. Wolff, that when he goes home to look at channel 10 news because she spoke to them and she has been to the canal. She said Council may differ in their opinion but she didn't think it fair to say they don't care, that she respects his opinion, and his diagrams put up were well thought out but did not think he was an engineer and she had to use statistics from the engineers. Mayor Coy said staff needs instruction to formalize this. MOTION by Mr. Wolff and SECOND by Mr. Neglia to continue with the project as approved by previous Council. Mayor Coy suggested that the motion be amended to include replacing legitimate docks and doing whatever possible to not impact property owners replacing docks through the permitting process and also that the plans and bids be as flexible as possible so as not to dump sludge in Hardee Park if possible. Mr. Paternoster requested clarification that the City Engineer had said the docks would be contingent upon St. Johns input, and the City Engineer responded that he did not think St. Johns would prohibit docks in the finished project but would have a problem with them being there during the dredging. The City Manager said he will look at the dock issue and possibly create a policy and would look for another place to put the sludge, though it may potentially end up in Hardee. Ms. Simchick commended Mr. Wolff for making the motion and said any amendments should be done in a second motion. It was decided that the City Manager would address these issues without the need for an amendment. Mr. Neglia said he would like to see a report on the project every three months. The City Manager said he would do so beginning the first one at bid including information on the docks around 10/23. Roll call result was as follows: Ayes: All Nays: None Passed 5-0. 9 ~- , 1 ~~~~ Special City Council Meeting Collier Creek Canal October 3, 2007 Page Ten Mayor Coy thanked people for attending. 5. Being no further business, Mayor Coy adjourned the Special Meeting at 10:15 p.m. . Approved at the October 24~' Regular City Council meeting. Andrea B. Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk Z 2 ~o rnv .~ $~~~~L ;_ HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING CONSIDER REMOVAL OF P & Z MEMBER ALLOCCO Called by Council Member Simchick MINUTES WEDNESDAY, OCTOBER 3, 2007 TO FOLLOW THE PREVIOUSLY CALLED SPECIAL MEETING WHICH BEGINS AT 6:00 PM 1225 MAIN STRO ETCSEBASTIANRFLORIDA ~~ ~~~ 2 3. Mayor Coy called the Special Meeting to order at 10:25 p.m. The Pledge of Allegiance was not recited. MOTION by Ms. Simchick and SECOND by Mr. Neglia to extend until 11 pm. VOICE VOTE on the motion carried 5-0. Ms. Simchick said she hoped members had time to read materials provided, said she called this meeting so Council members could discuss the issue in the sunshine, that committee members are appointed by City officials so it is a Council issue and not a Charter officer issue, referenced a March 6, 2007 letters from Mr. Allocco with three intents to sue the City. Mayor Coy asked for the City Attorney's legal advice on discussing these issues. At this time the Clerk asked to call the roll. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff ~RppS Staff Present City Manager, AI Minner City Clerk, Sally Maio City Attorney, Rich Stringer Airport Director, Joe Griffin Growth Management Director, Rebecca Grohall Police Lieutenant, Michelle Morris MIS Systems Analyst, Barbara Brooke Special City Council Meeting Consider Removal of Member October 3, 2007 ~~ Page Two 4. SPECIAL MEETING ITEM A. Consider Removal of P & Z Member Allocco Ms. Simchick continued by stating removal without cause as being an executive function, is not open to public discussion and she would add that it would be without prejudice. Mr. Paternoster said he agreed that is the only thing that should be discussed because of the litigious situation we are in and that anything further said could be used. Ms. Simchick said she felt that the relationship had deteriorated. MOTION by Ms. Simchick and SECOND by Mayor Coy, to remove Andrew Allocco without cause, without prejudice. Mr. Wolff asked if the member will have an opportunity to say whether or not he wants to continue to serve. The City Attorney explained the provisions of Section 2-172 whereby removal of a committee member for no cause means you have no legal reason, and removal for cause means you have legal justification such as misfeasance, nonfeasance and a whole list of things and if you do that there is notice and you have a hearing. He said if you want to remove without cause you are not saying the person did anything wrong, it is just not working. He said Council can discuss reasons but not make any determination that anyone has done anything wrong or violated any rules and is an administrative action of the Council and requires four votes. Ms. Simchick said if we go with cause we bring out anything that is pertinent, noting there is a Planning and Zoning Commission meeting tomorrow night at which Mr. Allocco will continue to make decisions for the City and she felt it pertinent to discuss this before that meeting. Sh~~ us~~d;~s an example an officer or teacher who has been accused of something, they~.are removed while it is being investigated, and the City has no holding power in its rules. She said:; Mr. Allocco has served for five years, this is a polite way of doing it, the relationship has deteriorated in a cause and effect manner, is reactionary to the paperwork she has seen and thought it was her obligation to the City and thought it was in the City`s best interest. Mr. Paternoster said he agreed with Ms. Simchick, that he does not know Mr. Allocco personally but has attended his meetings and said Mr. Allocco always handles himself with the utmost professionalism and regard for his position, it is nothing personal but it comes down to having a cohesive relationship for the betterment of our City. Mayor Coy gave Mr. Gilliams a first warning. ,~~~ 2 Special City Council Meeting Consider Removal of Member October 3, 2007 Page Three DRAFT Mr. Neglia said he has gone to many Planning and Zoning Commission meetings and most times they were handled very professionally, but with his intent to sue the City, he did not think he could do Mr. Wolff said he does not know Mr. Allocco but has seen him at meetings and he has always done a good job. He said when someone files a notice of intent it must come from frustration and a perception of lack of action, and for someone like Mr. Allocco who is a long standing member of the community and has served on the Board as an unpaid volunteer, he must have had his reasons for doing so, so he thinks it's a very poor situation if we just say thanks and sweep the dust under the door. Mr. Allocco spoke from the floor to speak and Mayor Coy said this was an executive decision, she was not opening up the floor to the public, and said she had a few things to say. Mr. Allocco said she might as well not and Mayor Coy asked him to stop and said we are trying to do this in a nice manner and he said okay. Mayor Coy said she bears him no malice and has no qualms and he responded and she said she was speaking to the public as a whole. She thanked him for his service and called the question. Roll call on motion was as follows: Ayes: Paternoster, Simchick, Coy, Neglia Nays: Wolff Passed 4-1. 5. Being no further business, Mayor Coy adjourned the Special Meeting at 10:38 p.m. Approved at the October 24th Regular City Council meeting. Andrea 8. Coy, Mayor ATTEST.' Sally A. Maio, MMC -City Clerk Z5 3 2.°`Y '~_ r crrv uF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 10, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Simchick. There was a moment of silence. DRAFT Council Member Simchick read the civility pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff ~~p,FS Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Records Program Manager, Donna Cyr Airport Director, Joe Griffin Building Director, Wayne Eseltine City Engineer, Dave Fisher Public Works Superintendent, Tim Walker Public Works Assistant, Linda Kinchen MIS Systems Analyst, Barbara Brooke Z7 Regular City Council Meeting October 10, 2007 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 7. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. Proclamations 07.172 Character Counts -School Board Chairman Carol Johnson Mayor Coy read and presented the proclamation to Ms. Johnson. ~~ Announcements Mayor Coy announced the following: 07.173 City Student Government Day - 10/24/07 - 9 am -Noon -City Council Chambers 07.174 Garrie Scott Football Field Dedication -10/27/07 -Noon -Barber St. Sports Complex 07.175 Recreation Dept. Halloween Costume Contest -10/27/07 -11:00 Judging Begins - Riverview Park • Veterans Day Recognition at Vets Memorial in Riverview Park -Saturday, November 10, 2007 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 fo 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. ~-5 A. Approval of Minutes - 9/26/07 Regular Meeting o7.17s B. Authorize participation Agreement Between Florida Dept. of Environmental 7-78 Protection and City of Sebastian for Petroleum Cleanup at Municipal Garage Not to Exceed $91,200 (Public Works Director Transmittal, Agreement, Report) 07.177 C. Authorize Construction Support Agreement Under Existing Engineering 7g-go Services Contract Between Neel-Schaffer and City of Sebastian for Design and Construction of Two Pedestrian Bridges Not to Exceed $56,000 (Engineering Transmittal, Proposal) '~J 2 Regular City Council Meeting October 10, 2007 Page Three 07.178 D. Resolution No. R-07-41 -Joint Participation Agreement Between FDOT and 91-124 City of Sebastian to Acquire Airport Maintenance Equipment (Airport Transmittal, Agreement, Resolution) 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 TO ACQUIRE AIRPORT MAINTENANCE EQUIPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. o7.17s E. Authorize Expenditure of $20,000 for City's Match for the Airport Maintenance Equipment Grant Agreement (See Above) Mr. Neglia removed items C, D and E. ~~ Mr. Paternoster removed item B. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve consent item A. Voice vote on the motion carried 5-0. Item B - FDOT Cleanup Aareement Mr. Paternoster asked for a brief synopsis on the matter, citing page 10 which references a ceiling amount for the agreement and another amount for rehabilitation activity. The City Manager gave background on the issue which began in the early 90's when the Compound had an underground storage tank and undertook removal and cleanup of the soils. He explained that the City never properly closed out the closure, ten years went by, funding levels went up and down, and the City received notification from DEP in 2005 that the project was not completely closed out. He said staff contracted for a Limited Contamination Assessment Report (LCAR) and some residual contamination was found but there was no cause for alarm and it resulted in levels between monitoring and remediation. He said we can tap into an 80/20 grant for cleanup if necessary and staff is working with DEP and Ardaman who prepared the LCAR to come up with maximum amount. He said at the max the City's cost would be $91,200 but he didn't expect that we have a maximum usage there but actually very minimal and may just require monitoring for several years, but if they are all at base levels of contamination it may need remediation. Mr. Paternoster asked how long the process will take and what will happen if the city vacates the property during the remediation, and the City Manager responded there will be caveats to cover the process and could not give a definitive answer about the duration, noting there is a page in the packet that shows the well points, and the result could be as simple as monitoring and the site could be closed out. Mr. Wolff asked the City Attorney if it was his responsibility to complete the assessment report that was not finished, and the City Attorney responded he didn't know since he was not with the City at that time. n Regular City Council Meeting October 10, 2007 Page Four Mr. Wolff cited page 18 of the LCAR and read from pages 26 and 27, and said in fact the LCAR states that the total estimated project cost is $364,200 and asked why page 18 states this is a worst case scenario. The City Manager responded it is appropriate to set the numbers at the highest levels to be certain we get sufficient grant funding in the event of a worst case scenario, though it doesn't specifically state that. Mr. Wolff questioned where the figure $50,000 to $75,000 on page eight of the packet came from, and the City Manager said in conversations with DEP they have anticipated this is the cost. Mr. Wolff asked whose responsibility it is when the cost exceeds the spending limitation, and the City Attorney said any excess would be our responsibility. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve the petroleum cleanup grant. The City Manager corrected himself stating that the grant is 75/25. Mr. Paternoster noted on page eight "worst case scenario" is stated. Roll call result was as follows: Ayes: All Nays: None Passed 5-0. ~RppT Item C -Pedestrian Bridges Mr. Neglia questioned why the various listed additional tasks aren't already the job of the engineers to acquire and the City Manager responded that this will be an all encompassing service agreement which goes beyond general services. Mr. Wolff said he was surprised it cost $25,500 for engineering each bridge when it is a pre- fabricated bridge, and we are trying to tighten our belts. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve item C. Roll call result was as follows: Ayes: All Nays: None Passed 5-0. 30 4 Regular City Council Meeting October 10, 2007 Page Five Item D -Airport JPA DRAFT Mr. Neglia asked why we did not put in the additional $20,000 in this year's budget for both pieces of equipment and asked where the brush hog would be used once we were finished with it at the airport. The City Manager said we will share it among departments for other projects, and the reason we did not budget for the additional equipment was because we were not sure what we were going to do with airport personnel, and once we shifted personnel to City Hall we freed up funds to make our match for this year. Mr. Neglia clarified staff will come back to Council next year for the other $20,000 and asked again why we didn't go after the flat bed dump truck this year rather than the brush hog. Mr. Paternoster said he thought the flat bed truck would be more beneficial at this time for Collier Creek and to the airport. He noted spores released from the sludge causes all types of respiratory illness. The Airport Director said we have a pressing drainage issue at the airport and golf course for which the excavator can help. He said the currently owned excavator is not conducive to this project, noting the excavator is also a loader and could assist with the Collier Creek project, but we could switch priorities. Mr. Wolff said he was confused and asked which pieces we are purchasing now and it if is the full $40,000. The Airport Director responded that this year we will match with $20,000 for the loader/excavator/bush hog and next year $20,000 for the flat bed dump truck. The City Manager said Airport Enterprise funds will pay for this. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve consent item D. Roll call result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick Nays: Wolff Passed 4-1 The City Attorney explained that item D is the grant agreement and item E is the $20,000 match appropriation. Item E MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve item E and have the City Manager look into purchase of the flat bed truck. 5 3J Regular City Council Meeting October 10, 2007 Page Six Mr. Wolff asked what the outreach of the Collier Creek project is and will it affect the bridge project and can we find out if truck is useful for carrying sludge. The City Manager said we are going to do everything we can not to have the sludge at Hardee Park. Mr. Wolff asked if it would be ethical to take an FDOT grant and use if for another project in the City. The City Manager said we checked with FDOT and they said if the trucks are being used outside of the airport 100% of the time it would be a problem. Ms. Simchick reiterated that $20,000 is slated for this October and $20,000 for next October for three pieces of equipment. The City Manager said that is correct and he is being directed to see which should be prioritized. Roll call result was as follows: Ayes: All Nays: None Passed 5-0 ~RpFt 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 07.179 A. Natural Resources Board i. Goals /Work Plan Presentation (No Backup) Trish Adams, Board Chairperson, reported on the Board annual goals and requested merger of the Earth Day event with Vero Beach, and invited everyone to Champion Tree Day. She the listed the Board's five top priorities • Strengthen ordinances • Shoreline protection - St. Sebastian River and IR Lagoon • Education and outreach programs • Eradicating invasives on City property • Hands on projects, for example rain gardens Ms. Adams reported that at the last meeting Nancy Wood from Vero Beach recommended merger of the Earth Day celebration, and suggested the two groups alternate years between Sebastian's Riverview Park and Vero Beach's Riverside Park and that it is proposed to have the event in Vero next year. She noted that Nancy Wood was in the audience. She then invited everyone to come out to Champion Tree Day on November 10tH 3L 6 ~~'~T Regular City Council Meeting October 10, 2007 Page Seven Nancy Wood, Indian River, recommended the merger with alternating years, was not seeking funding, and invited the City to join, noting the next Earth Day is scheduled for April 19th in Riverside Park in Vero Beach. Mr. Neglia reported on a Florida Economic Development Summit hosted by Mr. Massey and Michael Busha, with a plan to bring economic development to the Treasure Coast. Mayor Coy said soon we will be discussing the City's Economic Development plan and we can throw this information in. Mayor Coy called recess at 8:00 p.m. and reconvened the meeting at 8:12 p.m. All members were present. 10. PUBLIC HEARINGS -none 11. UNFINISHED BUSINESS c~ ~ `~ ~ ...vet ~ .. .. ~. .. !u 07.149 A. Construction Board Issues (City Attorney Transmittal, Report, Minutes 125-131 The City Attorney advised City Council on discussions by the Construction Board relative to whether the board's services should continue if contractor licensing and testing is eliminated in the City of Sebastian. He said they discussed the possibility of meeting quarterly but wondered how cohesive they would be. He said if we did decide to trim down the committee, enforcement actions can go before the special magistrate, or they can go before a board of technical appeals such as is done in Indian River County. The Building Official said contractor licensing is something that has been done in Sebastian for many years, noting it is not a typical practice and usually handled by the County. He said the process is not serving Sebastian. The City Manager said if you sunset contractor licensing you would lose about $9,900 in revenues and free up time for short staff in the Building Department, and issues to discuss tonight are whether to sunset the Construction Board and whether to discontinue the contractor licensing process. Frank Garland, Chairman of the Construction Board, said the Board has not given up the ghost but do want to save money for the City. He said the licensing fees the City charges are about 35 years behind the times noting other areas are much higher but in these times increases might be very rough to do. He said we seem to draw a lot of illegal unlicensed workers on the weekends and suggested if you are going to do away with this at least set up something to protect the public. He said everyone on the board feels down to have the board come to an end, and again recommended in dealing with non-licensed contractors if it stays with us the fees need to be raised. Mr. Wolff asked Mr. Garland if the board would be favorable with staying together to address unlicensed contractors when it comes up. Mr. Garland responded the special magistrate doesn't have expertise in contractor licensing nor does Code Enforcement. ~ ~~ Regular City Council Meeting October 10, 2007 Page Eight 12 DRAFT Mr. Wolff said it is nice to know when local citizens get together rather than going to the County. Mr. Garland said he did not think a decision had to be made tonight. Mr. Neglia asked how often people without licenses come before the board, and Mr. Garland said a lot after the storms but it has calmed down. He said if the board met every two months they would see 3 or 4 people. Mayor Coy said we need not be hasty and let the public speak and suggested we invite the Construction Board back before Council. Andrew Allocco, said the Construction Board is part of your Code, he holds several licenses, felt unlicensed contractors are a great risk to public, and recommended if Council decides to do away with Board, do away with the entire department and let inspections go to the County. Mr. Neglia said if we went to County licensing how would we know who is working in the City. The City Manager said contractors would have to provide a license when they come for permits. Mr. Neglia suggested the Board could meet as needed or every three months. Ms. Simchick said she would like to see the Construction Board make a presentation before Council and would be in favor of raising fines. Mr. Wolff said he would like to continue this another evening. Mayor Coy said she would not be in favor of increasing fees but would consider increasing fines and there is a lot more to talk about. It was the consensus of Council to invite the Construction Board to a Council meeting to discuss the issue. The City Manager said he is hearing let things go as they are for now and have Wayne get back to Construction Board and report back in November. NEW BUSINESS A. IRC Presentation -Piper Economic Development Incentive Proposal Joe Baird, Indian River County Administrator, addressed City Council on the Piper Incentive Proposal. He gave a power point presentation (see attached). He said 137 of the 1029 Piper employees live in Sebastian, provided scenarios for contributions based on taxable value and on population, but said he is basically here tonight to ask will you assist us in this and for how much. He said the majority of municipalities seem willing but are not sure how much they want to contribute because all are facing tax reform. Rod Gaudette, 664 Forester, Sebastian, said he would like to see Piper stay, however he doesn't want to be the one to pay for it, he said they are a private agency, this is not a financial institution, let Piper get a loan, let businesses pay for it, if it is good for them it is good for anybody else to ask. 3~{ y. Regular City Council Meeting October 10, 2007 Page Nine Chuck Lever, Mulberry Street, Sebastian, asked Council not to consider this, asked what happens when Home Depot comes to you or Wal-Mart, noting we just had early buyouts of our employees and can't afford another police officer in Sebastian. Andrew Allocco said we are only talking about 8 and one half dollars per person, and when he hears us spending money for environmental work that is ridiculous. Louise Kautenberg, Sebastian said it is important for us to help businesses which help spread the tax base, said she would be willing to spend $25 per year for the rest of her life so that families will have jobs, noting we gave $25 million to two families. Baxter Coston, Balboa Street, Sebastian, asked if there was a representative here from Piper or the parent company, what kind of security the cities has and what if they decide to leave in five years. He said Piper has been bankrupt before, noting they are part of a larger corporation. Todd Klitenic, Barber Street, Sebastian, said he votes no to corporate welfare and asked why give a major corporation money, let them leave if they want to leave. He said how about some stock if we pay them. Damien Gilliams, Sebastian, said he is for keeping Piper here, they didn't want a referendum because the voters would vote no, asked if Council will help other businesses, this would be setting a precedent, if approved he is coming to ask for money, asked why the Chamber was not making a donation, suggested using Mayor Coy, Joe Baird or Gary Wheeler's salaries, Home Depot and Wal-Mart are hurting, wondered why Piper wasn't here tonight, and suggested putting $170,000 into an Economic Development Board to bring jobs here. Gail Heinbockel said she did not feel her tax money should be used to keep Piper here, asked if we are going to be double taxed. She said she knows many people whom Piper has laid off to hire people at a lower salary. Mr. Paternoster thanked everyone for attending, said this is not an easy thing to figure out. He questioned Mr. Baird about why the municipalities were not involved in the negotiations, why the County made a commitment and then comes to the municipalities to seek help, why Piper was not represented tonight, what kind of security we had from Piper, said he is asking taxpayers to support a private industry, read a letter to the editor from today's PJ, noted the state is giving $20 million and that is our tax money as well, asked him to explain the Municipal Service Taxing Unit (MSTU), said we had a representative the Chamber brought in, Mr. Fruth, who said that incentive packages in Florida are not put together well, but how do you help out the smaller businesses who are just about making it do you help them too. He said he believes that Mr. Baird is here to save jobs, but other costs have gone through the roof, we are 27 police officers short, and now we want to save someone's jobs and now you lay it on the backs of the taxpayers and now come to us without any information and he did not appreciate it. 9 35 Regular City Council Meeting October 10, 2007 Page Ten rg n.FT Mr. Baird said Piper is not here because he did not inform them he was coming tonight, we do not know what the other proposals are, we are simply trying to keep an industry that employs many people, trying to save 1,029 jobs in Indian River County, every time we try to attract industry we are going to pay because we are in a competitive, we will be working with Enterprise Florida and Piper will have to keep a certain amount of employment, and if Piper leaves small businesses may be in more trouble. Ms. Simchick thanked Mr. Baird for coming. She said she wants everyone to understand that this Council is not making the decision because it has already been made by the County, asked if one City does not agree what happens, said we are all going to pay and you are offering us a choice for our citizens as to how they are going to pay, noted the MSTU will be charged to unincorporated county residents, would like to see a fair and equitable solution throughout the County and if we are not all participants then it should be done by County and to general fund it. Mr. Baird said Vero Beach and Sebastian are the two largest cities; Fellsmere has agreed to contribute, Indian River Shores Mayor will recommend $56,000, and if one city does not participate they will still move ahead. Mayor Coy asked the Chief to tell Mr. Gilliams that he can have his signs but they should not be above his head. At this time, the City Manager gave a power point presentation (see attached) with three options to consider, one way or another the County has committed to doing this, noted he had an incorrect number for IRC reserve balance which should read $30 million. The City reported that the City's taxable value went up which means our tax rate went down and he would report later on that. Ms. Simchick said there is a business on the riverfront that employs 250 people, and asked if he threatened to leave, where is his $170,000. She said she was not prepared to affect future councils until she knows this is the cheapest amount, received more info from County as to other commitments, and the contract terms. Mayor Coy said Council does not have to commit to a process tonight but Mr. Baird wants to know if we will commit. Mayor Coy called recess at 9:40 p.m. and reconvened the meeting at 9:50 p.m. All members were present. Mr. Wolff thanked Mr. Baird for coming and asked if there was any discussion of buying shares in Piper with the $36 million and Mr. Baird said that violates Florida Statute. Mr. Wolff asked if the County has a consultant who advises them, and Mr. Baird said they did not hire anyone and said the parent company seems very strong and has made it known that the company might be for sale. ~~ 10 Regular City Council Meeting October 10, 2007 Page Eleven Ten . ..~ ~r ~~ Mr. Wolff asked if the median house numbers change do the numbers change drastically, and the City Manager said he did not know. Mayor Coy reinforced that whether you are philosophically opposed to or for keeping Piper here, the decision has already been made by the County Commission, and they are asking us to support their decision and whether or not we like it we are going to pay. She asked if it makes any difference whether the money comes out of your left pocket or your right pocket, and it has been shown that it will $10 less if it comes from Sebastian taxes. She said we have been talking about an Economic Development Plan and either we want to support it or we don't and we have been given viable options. She said it is time for Sebastian to step up and be a team player, though she is not happy about some of this, and does not disagree with some of the speakers, let's make it the least amount possible. Commission Chairman Wheeler said he is opposed to giving money for them to stay in town, but if you don't pay, you don't get the jobs. He said he is in favor of keeping Piper and spending the money, has been in Indian River County for 35 years, that people run for office citing economic development, and in his opinion if you want it you are going to pay for it. He said an agreement has not yet been worked out, but has to be agreeable to all three parties, he said it is important we have a united front, bottom line if you want it you pay for it. Mr. Paternoster asked Mr. Wheeler since the County has already made a commitment why wasn't the agreement provided to the municipalities before the commitment was made. Mr. Paternoster clarified that $20 million from the State and $16 million from the County has been committed, and asked what is the reason for coming to each municipality before reaching an agreement. Mr. Wheeler said from his standpoint this is the market we are in and if you want economic development you pay. He said he would not want the cities to feel slighted, this started with Vero Beach and Indian River County, then the IRC Chamber went to Vero and we ended up doing this as a county and then we came to the cities to participate. Mayor Coy said she has been assured we will not be double taxed, and we are being asked are you going to commit, but we don't need to pick a pay scale now. Mr. Neglia thanked everyone for coming. He asked why the County voted on its commitment before they came to the cities, he said he did not like being accused of not being a team player because it makes him feel threatened. Mr. Baird said the reason we did not come to you first was we had reached a point where we had to go straight to the commission because of the sunshine law. Mr. Neglia asked if we raise this money for Piper do we have a guarantee they are going to stay and Mr. Baird said he will get an agreement back to the City Manager to review, and he did not know what the commitment will be for them yet but it will be in the agreement, and it will be at least eight years. He noted the Dodgers have not left yet. ~1 3~7 Regular City Council Meeting October 10, 2007 Page Twelve ~~ ., Mr. Neglia said he was concerned no one from Piper or Piper workers were here tonight, would like to know what Piper really wants, and agreed Piper didn't want the referendum because they knew it was going to fail. Mr. Baird again said it was his decision not to have them here tonight. Mr. Neglia said nothing really tells him whether people want us to go forward with this, didn't feel too comfortable with the information he received tonight, and was confused with numbers given by the City Manager. He said people have had increases in insurance. He suggested that we make the County an offer of $75,000. Mr. Paternoster said Mr. Baird is oversimplifying this and since the County has already made the commitment, he could have come in and said either you can let the County do it or you can pay us. He asked since the commitment has already been made, why didn't he just go in and make the agreement and then come to the municipalities. Mr. Baird said this has been a complicated process, some of you think we should have been here sooner and now some think we should have had an agreement first. He said he can work out details if you tell him how much you are willing to give. MOTION by Mr. Neglia and SECOND by Ms. Simchick to extend the meeting voice vote 5-0. Mr. Neglia asked what St. Lucie and Brevard County commitments are, and Mr. Baird said we are not going to be asking the other counties for money. Mr. Neglia said there are two funding options, one pro-rated by taxable value and one by population. He asked if we went to pro-rated would be higher. Mr. Baird said once he receives commitment from the City Manager, he will send what each City has agreed to. Ms. Simchick said she asked the City Manager if we have to make a decision tonight and he said no. She said there are still pieces needed that Mr. Baird cannot give us. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to keep an open mind and have Mr. Baird return with information to weigh-in with a more exact picture of what is going on. Mr. Wolff said it is time to have a decision tonight. Mayor Coy said they came to us for a conceptual approval and it does not lock us in. She said if we don't like the details when we see them we can say bye-bye. Mr. Baird said the County understands you wouldn't commit until you get all the details, the County was trying to get a feel of which two options the City is willing to pay. Mr. Paternoster called for the question. p 12 Regular City Council Meeting October 10, 2007 Page Thirteen Roll call result Ayes: Paternoster, Simchick, Neglia Nays: Wolff, Coy Passed 3-2 i~ o7.1ao B. Richard Baker -Audubon Society -Corrigan/St. John River Water Management District ~No Backups Richard Baker, Pelican Island Audubon Society, addressed City Council objecting to the Corrigan and St. Johns River Water Management District property exchange proposal (see attached). He requested that Council send a strong letter in support of the County to say this land exchange is not a good deal for Indian River County. Ms. Simchick said she would be glad to send a letter. She noted BK, Inc. is Bill Kerr's private company. Mr. Wolff said last week St. Johns could do no wrong. He said he talked to Mr. Kerr and he imagined with wading birds being affected there would be some type of mitigation, mentioned he had not had a chance to talk to the former Mayor or Vice Mayor for their opinion and said it was his understanding that St. Johns does not rubber stamp projects. Mayor Coy said she is on Land Acquisition Committee (LAC) and heard St. Johns presentation, this exchange was opposed by everyone on the committee but St. Johns went ahead and did it anyway, and said she would lend her support because it is a violation of the public trust, and a private entity benefited from this deal. Mr. Neglia asked why it was not on the LAC list and Dr. Baker said it was taken off because it was purchased by St. Johns. He said LAC's philosophy has been to purchase with matching funds. MOTION by Ms. Simchick SECOND by Mr. Paternoster to send a letter supporting Dr. Baker's concerns regarding the St. Johns/Corrigan land swap passed with a voice vote 5-0. 07.181 C. Consider Goals /Work Plan from Natural Resources Board and Direct Board Accordingly (No Backup It was the consensus of Council to support the following plans of the Board: Strengthen ordinances Shoreline protection - St. Sebastian River and IR Lagoon Education and outreach programs Eradicating invasives on City property Mr. Paternoster asked how rain gardens would affect stormwater drainage. Ms. Adams said the Board would work with the City and all issues will come back to Council. ~= 39 Regular City Council Meeting October 10, 2007 Page Fourteen . :,~~ .~:,y , -- Mayor Coy asked if Earth Day could start in Sebastian next year and Ms. Wood again said she had already paid fees for the April event in Vero Beach. It was decided to place Mayor Coy's request on the November 14th agenda for further discussion. Being 11:00 p.m., the meeting adjourned at this point. The following agenda items will be carried to the beginning of the October 24, 2007 Regular Meeting. 07.182 D. First Reading Ordinance No. 0-07-14 -Change `Occupational License' to `Local 133-142 Business Tax' -Schedule Public Hearing November 14, 2007 (City Attorney Transmittal, 0-07-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 30 BUSINESSES ARTICLES ii LICENSING TO REFLECT STATUTORY CHANGES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. 07.183 16.i. Approval of Date for Christmas Parade -Saturday, December 1, 2007 -From Main 143 Street to Deliver Santa Claus to His House in Riverview Park -Sponsored by City, GFWC Sebastian Junior and Woman's Clubs, Sebastian Property Owners, and Chamber of Commerce -Specific Street Closings and Times to Come Back in Report to Council at Next Meeting Approved at the October 24"' Regular City Council meeting. , ' t Andrea 8. Coy, Mayor ATTEST. Sally A. Maio, MMC -City Clerk cTrv cx= . ,~sq ~' '~ ~ ~~' '~~ ' ,ate 'HOME°OF PELICAN ISLANQ~: CITY COUNCIL WORKSHOP ECONOMIC DEVELOPMENT VISION . SHORT AND LONG TERM GOALS MINUTES WEDNESDAY, OCTOBER 17, 2007 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Workshop to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member Dale Simchick Council Member Eugene Wolff City Council Absent: Council Member AI Paternoster (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio 4. WORKSHOP ITEMS A. Economic Development (Chamber Letter, Draft Economic Development Plan) Mayor Coy reminded Council there can be no formal motions at a workshop. Don Wright, 720 North Fischer Circle, Sebastian, Director in the Sebastian River Area Chamber of Commerce and member of the Economic Development Council, addressed City Council on the need for an economic development plan. He turned the presentation over to Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce. ~-"1 City Council Workshop October 17, 2007 Page Two Ms. Mitchell said we last talked about this issue in April when Bill Fruth made a presentation to Council. She said the Chamber has submitted a proposed format for a plan (see attached), after meeting with individual members of Council. She cited page 37 of the City's 1997 Strategic Plan noting economic development is not anew issue, cited page 3 index of a draft plan, and page 8 which suggests creating a Chamber organized committee and she listed its proposed tasks. She offered the Chamber for facilitation so as not to burden City staff, suggested two Chamber members, one City staff member, and two citizens with business expertise appointed by Council, and that one individual member of Council could attend each meeting if they wanted to. Mayor opened the floor to the public. Damian Gilliams, 1623 US 1, Sebastian, said he was appalled that no one in the community cared about economic development, the City competes with private business, in 1998 people took time and effort and the plan collected dust, it took Council from April to October to get this meeting together, the agenda backup was incomplete, now we are going to start a new plan and maybe we should make the Collier Creek project an economic development project to put local people to work, people are out of work, contractors are cutting grass, and asked if we are contacting Port St. Lucie to see how they are doing it. Todd Klitenic, read from the Strategic Plan from 1997, and volunteered for the committee. Mayor Coy thanked the Chamber, noting she was a member of the Indian River County Economic Development Council. Mr. Neglia said this has been a long time coming, Mr. Gilliams hit on some good points, things were done but never really got off the ground, and we have done things with the Riverfront. He asked Ms. Mitchell whose vision statement was. in the packet. Ms. Mitchell said it was crafted by Don Wright and herself. Mr. Neglia said some of what was approved was put on the .back burner, the comprehensive plan has not been amended yet, the department heads were supposed to get on this and he did not think much has been done, we need to work with small businesses, and need them to come before us, that we give them a grant and they still take a year to do it. He said we have tried to maintain businesses, and some have gotten new permits and are ready to rock and roll. Ms. Simchick thanked them for all the hard work, and asked if housing would be included in the economic plan. Ms. Mitchell said if the Council wants housing in there they can put it in. Ms. Simchick discussed inclusionary zoning, said the Chamber did a lot of work, expressed concern for a city committee which should meet in Chambers. She asked if this was considered a City committee and wanted to be sure it is handled the right way, she did not need the answer now. !~z 2 City Council Workshop October 17, 2007 Page Three Ms. Mitchell said the Chamber is trying to create an environment where they can facilitate discussion, get the right people and get the job done. She recommended creating the committee, the Chamber will facilitate, will keep minutes and records. Mr. Wolff thanked the public for attending and the Chamber for their work, said perhaps the climate in these Chambers of late has not been conducive to public participation, and thanked Mr. Gilliams and Mr. Klitenic for volunteering but thought we could use the Pelican Brief to find talent that is out there, suggesting three members to provide for an alternate. He said we have to consider the choice of the members of the committee. He said as to a staff member, it must be someone committed to the committee, and be imperative that the member can take time from their duties. He said the sooner we conduct the search the more likely our chance of success. Mayor Coy said the Chamber has set some good projects and tasks, and asked for a consensus as to whether the projects and tasks list is amenable. Everyone agreed. Mayor Coy said she would like affordable housing to be a separate issue, because the plan is to increase wages, salaries and jobs. The City Manager recommended working with the Chamber to put together some economic goals, that with a Council appointee we would get into some sunshine issues so would rather see the Chamber make those appointments, and then he or the Airport Director could sit in for staff. He said he would advertise in as many venues as available. Mr. Neglia suggested someone from Growth Management rather than the Airport Director. The City Manager said due to work load, and because Growth Management is more bureaucratic, it would be more appropriate to use the Airport Director since economic development goes toward the airport and that has been our focus, but if Council would rather go with Growth Management he would assign them. Mr. Wolff said he would prefer the Airport Director and Ms. Simchick agreed if Mr. Griffin was willing. Mr. Neglia agreed the Airport Director would be fine. Ms. Mitchell said we can work with the Airport Director, and said it was their intent to get input from individual department heads as an issue relates to them, and that any staff member can sit in. The City Attorney advised if Council appoints committee members who then report to Council, it will become a sunshine board. Mayor Coy asked if we need to bless this at a regular meeting. It was decided it was best to have the Chamber appoint the citizen members. The City Attorney said the best thing would be to adopt a resolution at the next meeting supporting the process. 3 1-r'.j City CounciF Workshop October 17, 2007 Page Four Ms. Mitchell said if Council has anyone in mind to contact the Chamber at 589-5969 or visit their website. Mr. Wolff asked how the City Manager will gauge whether this is a waste of staff time or if it is a positive meeting, and the City Manager answered that staff will report to him. B. Vision (Clerk Memo at Simchick Reouest 1997 Strategic Plan and Related Documents) Mayor Coy turned the item over to Ms. Simchick. Ms. Simchick said this evolved from discussion of short and long term goals and evaluations for the City Manager and City Attorney, and advice from Ruth Sullivan as to the 1997 Strategic plan. She said she applauded the 39 people who got together in 1997, that some of the issues addressed then have been implemented, said she would like us to continue to listen to the citizens, focus efforts on achieving citizens' goals, and would like to see this continue. She said the housing elements in the comp plan are ways to address goals, would like to see community input, would like to see a Council committee with local groups and see what their needs are. She said this was a solid document and would like to see it continue. Todd Klitenic, 1274 Barber Street, Sebastian, discussed some of the issues, noting the first priority on the old plan for road maintenance still continues, like lack of jobs and drainage, there are some new hotels, no restaurants, no meeting rooms for small groups, there is Barber Street Sports Complex but nothing for seniors or for thirty and forty year olds, and recommended we could use a YMCA. Damian Gilliams, 1623, said it was great picking Joe Griffin for the Chamber committee, for the record Chamber reps already left the meeting, and he wouldn't count on them, said it would be nice to set aside CRA money to pay people to serve on the committee, there needs to be an incentive package, and wished good luck to Joe. Mr. Wolff said the previous plan does not include a solid action plan for putting ideas into place, said he is not sure if the City can take credit because we have some hotels, that after speaking with Tom Collins to replicate what he has on the riverfront would be difficult because of the permitting process. He said as a Council we need to look at what we can influence in this plan, and focus on what we can do. He said he asked Beth Mitchell what she would do to gauge success in jobs and said we may be talking increased jobs of only double digits. He said success in his mind is getting some jobs going and is interested in the list Mr. Neglia has of new businesses. Mr. Neglia read the list (see attached). 4~ 4 City Council Workshop October 17, 2007 Page Five Mayor Coy said we need to set up incentives to set up and open business. She said the key to economic development is not just jobs, but to attract jobs above the average income. Mayor Coy said the 1997 plan is timeless, and most issues are ongoing, suggested having various departments see what has been accomplished and report back to Council, then have the community comment on them. Mr. Neglia said he would tike to look at what we have to do here, what we need. He said we have to get more businesses here, said potholes are an ongoing thing, noting we had pothole volunteers in the past. He said maybe we need to look at what we've done and list what we have to do, Ms. Simchick said we have elements in the comp plan that are similar to the issues in this document. She said this document was written by the citizens, suggested creation of a citizens group, and within a six month period use this document and compose something that fits into today's needs and make recommendations. Mr. Wolff concurred with Mayor Coy that this is a timeless document, and it really needs to be part of the tool of the Council to make sure we are meeting these goals and if you put 37 people together today their ideas would not be much different. He agreed with checking off what we've done on the list and move on. Mayor Coy said the former City Manager and members of council were members of this committee, said we have a difficult time getting members on our current boards, maybe we could do a priority list and get the public in here. Ms. Simchick said maybe after the comp plan we could conduct a citizen input workshop at one sitting. Mayor Coy asked which would come first. Ms. Simchick said she did not know if we can find 39 people. Mr. Neglia said we got a lot of people here because they had a vision and he cannot see another committee because we are not going to solve anything, but just need to make a list and see what we haven't done. Mayor Coy suggested a one afternoon workshop and invite the public and provide this list and they could prioritize the list and give it to the City Manager. Ms. Simchick suggested having the City Manager chop the list down and bring it back to us. Mayor Coy requested the City Manager look at the 1997 list and check off what. we have done and haven't done and bring back an update report, which he said he would do before Thanksgiving and which he stated is different than a comprehensive plan. Mayor Coy called recess at 7:30 p.m. and reconvened the meeting at 7:40 p.m. All members with the exception of Mr. Paternoster, who had an excused absence, were present. 5 ~~ City Council Workshop October 17, 2007 Page Six C. Short and Long Term Goals Mr. Wolff listed items he would like to have accomplished in the next two years of his term Short Term -Economic development and a plan of action -Fast tracking through permitting process -Keep Council out from micromanaging -give City Manager direction and not get bogged down in minutia He said he didn't like to set the bar too high but it is important to figure out what the City will look like in the long term. He said in 1997 it would have been hard to imagine Sebastian in the land rush it went through. Long term -Not see a change in dynamics of Sebastian Ms. Simchick Short term -Comprehensive plan update -the City Manager said the RFP for its preparation has started -Efficient Use of Government - T1 line so the public can download meeting broadcasts -Cease micromanagement and use community relations liaison for Council - a person who could report on problems to completion -Traffic areas of concern on US 1 at Walmart and Main street with high accident rates lobby for better traffic coordination Long term -Buy as much waterfront property as possible -Community Center -like to see in future Mr. Neglia Short term -Comprehensive plan completion -Get high paying jobs -Chamber has to get involved with businesses and work with City Long term -Develop airport to bring in industry -Preserve our Riverfront as a lifetime goal -CR 512 corridor - do center median -add trees as set out in Charrette -Keep quality of life in Sebastian -Update Land Development Code -make it more stringent and forceful -Education -have Indian River College provide more job training ~'~!J 6 City Council. Workshop October 17, 2007 Page Seven Mayor Coy Short term -Economic development plan including the airport as an on going goal -short and long term -Comprehensive plan update as an on going goal -short and long term -Community liaison due to receiving many calls because people can't get through to City Hall which she attributes to having cut staff to the bone but it is affecting services and snowbirds are coming back explaining when you dial the phone it goes up to three trees and maybe we need to look at this and see if we can get one number where a person can call and can relay messages -Increase staff morale but she was not sure how, perhaps with recognition She cited an incident last Wednesday night at 11:15 p.m. a resident called her about an alligator in Easy Street park, she called the City Manager and he had Public Works staff there in the morning at the bus stop to protect children and by 1 pm the alligator was trapped and removed. Long term -Drainage -Indian River College campus in Sebastian -CRA projects - CR512 -Waterfront -Police Department and safety and not cutting to the bone so far it affects safety -Community Center -look at it and ask community if they want it -Maintain quality of life Mr. Wolff questioned the idea of a community liaison, stating he has seen volunteer use throughout the County and suggested putting together a volunteer program would be to everyone's benefit. Mayor Coy said she had touched base with the high school, to see if there was interest there and asked HR to put feelers out to see if HS students might volunteer. Mr. Neglia said eagle scouts might volunteer. Ms. Simchick said we talked about advertising and recommended this volunteer be appointed by Council as its liaison and Council can funnel their calls through the liaison. Mr. Neglia asked if we can we use the police academy people. The City Manager said we have talked about that, and Mayor Coy said the idea has some potential. Ms. Simchick said the liaison could act between Council and the City. Mayor Coy asked the City Manager to draft up something and bring it back to Council. Mayor Coy opened up input from the public. 7 "~ r7 City Council Workshop October 17, 2007 Page Seven Todd Klitenic volunteered to be the Council liaison and noted Mr. Gilliams came up with the idea. Mayor Coy said the citizens academy was suggested by Mr. Gilliams. Damian Gilliams, 1623, gave Chief of Police credit for citizens academy, suggested Council might find a liaison for each member, waiving fees for occupational license fees this year, expediting permitting for businesses to expand noting Fellsmere is doing it, setting up a fund for businesses, said he didn't want to see Piper on my tax bill, but we have to have incentives for corporations, suggested an Economic Development Board, was waiting for the City Manager to return his calls because he has ideas to generate revenues without raising taxes. Mayor Coy said to Mr. Gilliams that he asked her to donate her salary as Mayor to help out in trying economic times, and said she would have to donate for the next ten years and it would not equal what he owes in back taxes. Mr. Gilliams yelled out that he just wrote a check for $42,000 for taxes last week and would bring her a copy. He continued to yell and she gave him warnings and asked that he be removed from the meeting. Mayor Coy asked staff to compile the list of goals and bring it back to a future council meeting as soon as possible so we can formally agree to them. Ms. Simchick announced the GFWC Junior and Womans' Clubs Haunted House is back on Main Street on the 19~', 20~' and Halloween weekend. She listed their contributions to the community. Mr. Wolff said he had received a call from a Mr. Whalen who did not leave a return number Mayor Coy said this meeting was a pleasure and Council had a good dialogue and hoped it would continue at our meetings. 5. Being no further business, Mayor Coy adjourned the workshop at 8:32 p.m. Approved at the October 24~h Regular City Council meeting. Andrea 8. Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk ~tg City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM DATE: October 17, 2007 TO: Councilman Sal Neglia FROM: Rebecca Grohall, Directo ~ SUBJECT: Site Plans The Growth Management Department is in the process of updating our current projects list showing projects awaiting site plan approval, plat applications, annexations and variances. The update is not complete however, I did want to provide to you a list of commercial projects currently in our office Ind. River RV (Mod) North Central Ave Walmart Liquor Store (Mod) US 1 ,~ .' ~ ., k'`~`. Page 2 Anticipated New Site Plans: Dr. Sygman medical offices (Main St) Burger King (CR 512 west of CR 510) Motel expansion for Capt. Hiram's US 1 Restaurant buildout for Underill site (Indian River dr0 -, Site plans approved (not vet under construction) Sherwin Williams Buena Vista Eyeland c: 5d AI Minner, City Manager • ' L~ ,~.!S ,:`~~.. :.. °ao: .::;:o-:~ ....;.>:..:. ~: i::::::bw:~ •r City of Sebastian, Florida Subject: Approval for Treasure Coast Agenda No. (~`~, d~a,~~ Crafters Club Craft Show at Riverview Park on becember 15 8~ 16, 2007. Department Origin: ~A `h1~~ Finance Director Approved for Submittal by: City Attorney: Alf ed i ner, City Manager City Clerk: Date Submitted: October 17, 2007 For Agenda of: October 24, 2007 Exhibits: Application and charitable donations Treasure Coast Crafters have made in the area. EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: None N/A REQUIRED: None Background The Treasure Coast Crafters Club is seeking Council approval for a two day Craft Show at Riverview Park. The shows would be on December 15 & 16, 2007 from 9 AM until 4 PM. Staff has met with representatives from Treasure Coast Crafters and received full payment for their show. Treasure Coast Craft Club continues to contribute to local organizations. The attached information details some of the charitable. donations made by the club to local organizations. They expect to have 20 to 30 exhibitors and only use the west end of the Park by U.S. 1. This will be the sixth year the Treasure Coast Crafters has held a show at Riverview Park. They work well with staff and we have had no problems at all with their event. SUMMARY Move to approve Treasure Coast Crafters Club Craft Shows on December 15 & 16, 2007 from 9 AM until 4 PM at Riverview Park. 5i? 5Z att ar ~~~= HOME OF PELIUN ISLAND 1225 Main Street. Sebastian, F1 32958 Telephone (772)589-5330 - Fax (772)589-5570 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Park Event - 50 to 300 Attendees $50.00 Application/Permit Fee Please check the appropriate Box:l or Special Even# - 301' or More Attendees $100.00 Apglication Fee Date: ll ~-~ ~~j ~~G~ Name of Permittee: ~lPc~i~~S~l~/~~' ~~~~ ~~~~ - .P.,~~J~.~~j~~ir~~w~" Permits May Only be issued in the Name of an Atlult or Legally Organized Organization Address Mailing Address: '~'~~~ Telephone: a~ _ Name of Organization or Group: ~~!`~~'~~`~~ CG`r~t.Si ~~~~~~ ~ Reason for use: ~ ~ ~~~ ~`~l~ ~G %S /~rll~ _f~ Requested Date(s) Rain Date: Time of Use: From: ~~~~ o: °~~ ~`~ Will there be any sate of goods? Yes ~ No If yes, please describe type of goods on back. Food or other types of vendors? Yes ~'~~ No If yes, please list name, address and type of vendors and schematic of any structures to be er~~`e,cted ~oyr otherwise assembled on back. T `~~ ~ ~r'/~.-t~~'+l1 the undersigned, acknowledge that I am the applicant o the authorized agent of the applicant. I further acknowledge ghat I am a are of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit.to allow a Park Event or a Special Event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the permit. z ~t~~~%~ Applicant/ gent Signature Office Use Only: Permit Fee Paid ~~ Date Initials Park Application Continued - If RequireG =15t anV Vender infnrmatinn and/nr crhnm~+;.-.. .,., a.t,l.. _ NAME -- ADDRESS ~. c. ( TYPE ~-~'~°~x - ao ~.v~.~s I ~ie41~1,~~~~ E'- r~i~i~~Cd ~/C/~ n f /v ~ ~1~~ ~/~ f~~S ~/~~JN~ ~~ 5s ~T"~~T //~ ~/~ ~ 5chematic~ _l. -------- -- -_:_. ,- nn y ~ ~\. ~C ~ S .~-~ ~f ~ f i ~ ~ ~- ~~~~~~ u~c vi~L~. ~Nr~ia~ l.vnO7LlOn5 or rerm5t as Requested by City Manager 5y ~~G ~~ ~~~ ~~~, ~~ ~~~ ~~~ ~ ~~ .~- .~ ~ ~ ~~~~~ h ~ ..ti 5 ~ , V / / y ~' . ~ ~~ 55 CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT 6 0 3 6 Name ~ti~S~(t-a`"'( Ca (;-wr^'r a Cash Date ~ ~--~ O ~~ ~ t ~ ~ aoc~"'? [$ Check # ~~ 0'b Amount Paid 001001 208001 001001 220000 001001 220000 001501 322900 001501 329500 001501 341920 001501 351140 001501 354100 Sales Tax Security Deposit-Com. Center Security Deposit-Yacht Club Garage Sale Permit Alarm Citation Copies Parking Citation Code Enforcement Fines 001501 342100 Police Security Services 001501 359000 Other Fines/Forfeitures 001501 362100 Rent-Royalties/Com. Center 001501 362100 Rent/Royalties/Yacht Club 001501 362150 Park RenUPavilion/Elect l b O ~t~o la.-tS+t6 -o? 001501 369900 Other Miscellaneous Revenue ~""'~ ~"~` ' -Total Paid ~ ~ O ~ p9 Initials tNhite -Dept. of Origin Yellow -Finance Pink -Applicant 56 c`~!Y ~ ~u: ~ ~ . ~ ~ .~: ~i~ ~~ r~u~ Aso CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase of a 2008 GMC Sierra Agenda No. ~`7. (~5 1500 4 z 2 Pick up truck Department Origin: & ~ `'h'1~~c~ Ap rove for Submittal by: City Manager Finance Directo City Attorney: City Clerk: A e inner Date Submitted: October 15, 2007 For Agenda of: October 24, 2007 Ezhibits: Price -Quote with pricing from Florida Sheriff s Association Bid # 07-15-0827 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $15,599.00 $16,500.00 REQUIRED: None SUMMARY The Public Works Parks and Recreation Division has budgeted for a new 4 x 2 Pick up in the Fisca107-08 budget year. After discussions with the Central Garage, staff decided that a 2008 GMC Sierra 1500 4 x 2 at a cost of $15,599.00 would be the best choice. This price is available to us by piggy backing the Florida Sheriffs Association State Contract # (07-15-0827). The vehicle is available from Alan Jay Automotive Network in Sebring, Florida with the state contract pricing. This vehicle will replace Unit 343, which is 15 years old and we will send to the next auction after we receive the new truck. RECOMMENDED ACTION Move to approve the purchase of a 2008 GMC Sierra 1500 4 x 2 at the cost of $15,599.00 for the Parks and Recreation Division of the Public Works Department from Alan Jay Automotive Network in Sebring, Florida based on piggyback prices from the Florida Sheriffs Association Bid (07-15-0827). ~~ 58 10/11/2007 07:22 8634024221 ALAN-JAY-FLEET PAGE 01/01 ,~ ' Gnl.[ Us -sl, for aft ojynur t=teet Au[omo[ive, d'r Li„~hi ;Truck needs PHONE (800) ALAN,IAY (ZSZ-dSZ9) Sebring, FL 3387(1 563-402234 WWW A~ANJAY.COM _., . _. era ~rrrw",' P.o. eox s2oo Sebring, FL 33871-9200 1 Fllx $63.402221 QUICK QUOTE SKEET FOR VEHICLES FRp.M STATE CONTRACT & FLORIDA, SHERIFF'S ASSOCJ.ATION BID DATE 11-UCt-D7 PAGE 1 of 1 REQUESTING AGENCY: CLTY OF SEBASTIAN CONTACT PERSON: STEV>; PHONE NUMBER:. 77Z-589-1295 FAX NUMBER: 772-589-G880 State Bld # 10-070.001-P-REBID http:/lwww.myfloridamarketplace.com 20011 MODEL YEAR F5A BID # 07.15.0827 httpa/wWW.Tlshariffs,org MODEL: TC10703 SPECIFICATION # 32 z009 GMC S/GRRA 1G00 YWD EG CAB "`All vehicles will be orClered white w/darkest interior BASE DISTRICT PRICE: $15,041.00 Unless s ecllicall stated otherwise on purchase orcler. OPTION # DESCRIPTION COST U•E~_ ONSTAR DELETE -$40.00 U2~` XM SATELLITE RADIO DELETE -$100.00 B.L. PLASTIC INSERT BEDLINER .~.- $278.00 W-660 WHELEN 60 WATT 4 CORNER STROBE PKG $419.00 ~~ ~_ ~` ~~ TOTAL OF OPTIONS; $558.00 EXTENDED WARRANTY: $0.00 tOTAL COST; $15 599.00 QTY 1 = 515,599.00 I appreciate the opportunity to submit this quotation. Please rovicw it aorefu/ty, /f (hero are any env~~ w c:hanyes please feel free to contact me of any time, I wit! be happy to assist you. Comments: Alan Jay Chevrolet CatlillaC, mc.FEID t-85-0211404 /Alan Jay Rontlac Buick GMC, Inc, FEID # 59-3533028 Alan Jay Ford Lincoln Mercury, Inc. FEID ~f ZO-5996380 /Alan Jay Chrysler Jeep, Inc. 85-0558530 Alan Jay Import Center, Inc. dlbla Alan Jay Toyota FEID # 59-3533028 /Alan Jay Nissan, Inc. FEID #76-0833978 Saturn of Sebring, Inc. 59-3533024 VEHICLE QUOTED BY; Chris Wilson, Fleet Manager 863-402-4234 "I Want to De ,Ysur I-leet Nrovider" Direct Connect 16641460"14 chris•wilson(i~alanjav.com QUOTE SHEET SEBASTIAN TC107U3 54 CITY OF SEBASTIAN, FLORIDA 2007/2008 ANNUAL BUDGE PERSONAL SERVICES SCHEDULE PARKS AND RECREATION DIVISION F/T/E Projected Proposed PAY POSITION YEARS Expenditure Budget POSITION RANGE GRADE OS-06 06-07 07-08 06-07 - 0'~-08 Parks Superintendent 43,643 /86,903 70 1.00 1.00 1.00 r $ 56,100 64,300 Parks Supervisor 30,663 / 68,918 35 1.00 1.00 1.00 31,000 32,000 Foreman 26,440 ! 59,427 29 2.00 2.00 2.00 82,000 72,500 Maintenance Worker II 23,502 / 52,823 24 3.00 3.00 3.00 95,000 100,500 Maintenance Worker I 22,112 /49,699 22 7.00 7.00 7.00 170,500 180,000 Recreation Supervisor 30,663 / 68,918 35 1.00 1.00 1.00 33,500 36,000 Recreation Leader 1.00 0.00 0.00 - - Skate Park Attendants°' 3.00" 3.00 3.00 28,000 28,000 Recreation Aids" 1.50 1.50 1.50 15,000 15,000 Tennis courts Attendants~`~ 4.00 4.00 4.00 25,000 25,000 24.50 23.50 23.50 $ 536,100 $ 553,300 Overtime 16,000 9,000 FICA Taxes 42,346 43,135 Clothing Allowance 1,440 1,560 Deferred Compensation 43,699 " 44,627 Group Health Insurance Premium 82,410 97,503 Dependant Health Ins Premium 22,290 25, 840 Employee Assistance Program 369 346 Worker's Comp Insurance 37,653 30,292 Total Personal Services 782,307 805,604 (1) F/T/E position years represents full time equivalent positions. For Recreation Aides, 1.50 equals three temporary part-time positions, or 1.50 full time equivalent positions., For Skate Park Attendants, 3.00 equals six temporary part-time positions. For Tennis Courts, 4.00 equals eight temporary part-time positions. CAPITAL OUTLAY SCHEDULE PARKS AND RECREATION DIVISION EXPENDITURES PER FISCAL YEAR Description 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 TOTAL replaceemnt $ 16,500 $ - $ - $ - $ - $ - $ 16,500 r - 20,000 - - - - 20,000 r - 1,500 - - - - 1,500 $ 16,500 $ 21,500 $ - $ - $ - $ - 38,000 100 ino ~~ ~,~~~ ~- ..ky ~ t HE'3ME t~ FEI.[~AN ~~LAND AGENDA TRANSMITTAL Subject: COPS Secure Our Schools Grant Award Agenda No. (~ ~ . ~ ~~ Origin: ice Department Submittal by: Fi ce Director: ty Clerk: City Attorney: City Manager Date Submitted: October 5, 2007 For Agenda of: October 24, 2007 Exhibits: - Letter of collaboration from Sebastian Charter Junior High School - Budset Summary EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0.00 N/A REQUIRED: $0.00 SUMMARY Pursuant to our application for a Secure Our Schools Initiative Grant, we are now requesting approval to execute the grant which has been awarded in the amount of $12,502.00. We will be acting as the pass-thru agency for the Sebastian Charter Junior High School. The project includes the purchase of equipment to secure their front door, lighting, video surveillance and radio equipment for Sebastian Charter Junior High as well as the Sebastian Elementary School. Sebastian Charter Junior High will contract the entire job at both schools and will pay for the complete project and then invoice the City. The City will then submit for reimbursement from the U.S. Department of Justice. RECOMMENDED ACTION Move to authorize the City Manager to accept the COPS Secure Our Schools Award Agreement #2007CKWX0091, in the amount of $12,502.00 and to administer this grant on behalf of Sebastian Charter Junior High and Sebastian Elementary School. l~ I loL OCT-02-200Z(TUE) 09.44 SEBA~ TIRN CHARTER JR HIGH (FA~4)3888815 P. 002/002 ® ~. September 24, 2007 7$Z Wave Street Sebastian, f~'L 32958 (772)386-8838 {N'ax) 772-368-8615 www.sebastianchatKerjun ttYi'~Igh.u~m To Whom It May Concern: This is to infgrm you that Sebastian Charter Junior High has budgeted for 50% of the cost~af the items listed in the safety grant applied for with the City of Sebastian.Police bepartment. Thfs grant will enable us to enhance the security of our campus and thus the safety of our students, if you need further information, please do not hesitate to contact me. ~;. ~~` • :nc~~ely, ~'r..ih~lt~• • ':.I:~i r.Y':T --- iitii~r - - ~(:.~..~n. -~ ..1.. _ - e~:~•~I - :J: Fi~~: d'2k. ~. r "v • "~i=:.' • _ 1• "~.` y. '~ I/ ~~' 1~3 U. S. Department of.Justice Community Oriented Policing Services Grants Administration Division (GAD) Secure Our Schools ' Memorandum To: Chief of Police James A. Davis Sebastian Police Department From: Michael E. Dame, Assistant Director Delka Bright, Grant Program Specialist Budget Prepared By: Katrice Hagan, Grant Program Specialist Re: Secure Our Schools Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions /Adjustments are noted below. OJP Vendor#: 596000427 ORI #: FL03102 Grant #: 2007CKWX0091 Budget Cateaorv Proposed Budget An oroved Budget Adiustments Disallowed/Adiusted -Reasons/Comments Equipment $23,354.00. $23,354.00 $0.00 Supplies $1,650.00 $1,650.00 $0.00 Direct Costs: $25,004.00 $25,004.00 $0.00 Grand Total $25,004.00 $25,004.00 $0.00 Grand Total: Federal Share: $ 12,502.00 Applicant Share: $ 12,502.00 Cleared Date: 7/31/2007 Overall Comments: ~~~ .OMB Number: 1103A097 Expiration Date: 2/29!2008 • Applicant Legal Name: ORI ~: Sebastian, city of D310200 BUDGET SUAAMARY Instructions: When you have completed the Budget Detail Worksheets, please transfer the category totals to the spaces below. Please compute the Total Project Amount, Total Federal Share Amount, and Total Local Share (if applicable). Please see the Application Guide for information on the maximum federal share and local matching requirements for the grant for which you are applying. Budget Category A. Sworn Officer Positions 8. CivilianlOther Personnel C. EquipmentlTechnology D. Other Casts - E. Supplies F. Travel/Training G. Contracts/Consultants H. Indirect Costs Total Project Amount: Category Total ($) Line # 1 2 3 4 5 6 7 8 Total Federal Share Amount: (Total Project Amount X Federal Share Percentage AIIoWable) 23,354.10 1,650.00 25,004.10 12,502.05 Total Local Share Amount (If applicable): 12,502.05 (Total Project Amount -Total Federal Share Amount) Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: Prefix: Mr. ' First Neme: William Middle Name: J ' Last Name: Jursik Suffix " Title: School Resource Officer ' Phone: f 772-978-8215 'Fax: 772-388-8815 ' E-mail Address: kiddycop417@hotmail.com -~ PAPERW ORM REDUCTION ACT NOTICE Tha public reporting burden for this collection of information is estimated to be up to 2 hours per response, depending upon the COPS program being applied far, including the lime for reviewing instructions, searching existing data sources, gathering the budget data needed, and completing the worksheets. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the OfFlca of Community Oriented Pdicing Services, U.S. Department of Justice, 11(10 Vermont Avenue, N.W., Washington, D.C. 20530; antl to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503. You are not required to respond to this collection of infonnatlon unless it displays a valid OMB control number. The OMB control number for this application is 1103-0097 and the expiration date is 2/2 912 0 0 8 ~5 OMB Number: 1103-0097 ._ Expiration Date: 2/29/2006 ' Applicant Legal Name: ORI #: Sebastian city of -~ 0310200 C. EQUIPMENTITECHNOLOGY No Equipment/Technology Requested ^ instructions: List non-expendable items that are to be purchased. Non-expendable equipment Is tangible property (e.g., tech0ology) having a useful life of more than two years. Expendable items should be included either in the "SUPPLIES" or "OTHER" categories. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially for high-price items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "CONTRACTS/CONSULTANTS" category. H additional budget information is required to be entered for this category please complete the infonna0on in an electronic Format and attach the document using the "Other Attachments" form found in the Pure Edge forms package. Pursuant to the Science, State, Justice, Commerce, and related agencies Appropriations Act, 2006, P.L.109-108, be advised that, to the greatest extent practical, all equipment and products purchased with these funds must be American-made. For agencies purchasing items related to enhanced communications systems, the COPS Office expects and encourages that, wherever feasible, such voice or data communications equipment should be incorporated into an infra- or interjurisdicttonal strategy for communications interoperabtlity among federal, state, and local law enforcement agencies. See the COPS Application Guide for a list of aliowable/unallowable costs for the particular program for which you are applying. • Unitlltem Description Impact security front doorand installation ~ ~ ~~ Cameras and installation ~~~ Door locking system se~>N Computer and monitor ~ ~ ~~ 800 Mhz radio system ~ ~~~ -pr--- Radio for campus communication ~~ _ 3 C~1N~ 17_ S~BASTI'~~ ' Computation (# of ItemslUn'rts X Unit Cost(S)) Per Item 5uptotal (S) L~-~ 4,800.00 4,800.00 f ~_.J 625.00 ~ 2,500.00 (~ I ''800.00 4,800.00 L~-~ ~ 2,500.00 r 2,500.00 L-~ l 2,DOO.DO C 2.000.00 232.90 ~ 6,754.10 EQUIPMENT TOTAL: ~ 23,354.10 Transterto Budget Summary Line 3 o"~o~-I- l - Please include a detailed description for all items listed in the Budget Narrative i ~~ ' OMB Number: 1103-0097 Expiration Date: 2l29/20D8 Applicant Legal Name: ____ ,_ __ ORI #: f Sebastian city of ~ ~ 0310200 E. SUPPLIES No Supplies Requested ^ Instructions: List items by type (office supplies; postage; training materials; copying paper; books; hand-held tape recorders; etc). Generally, supplies include any materials that are expendable or consumed during the course of the project IF additional budget information is required to be entered for this category please complete the information in an electronic format and attach the document using the "Other Attachments" form found in the Pure Edge forms package. See the COPS Application Guide for alist onallowable/unallowable costs for the particular program for which yoaare applying. ' Computation • Unitlitem Description (# of ItemslUn'tts X Unit Cost(S)) Per Item Subtotal (S) Mercury vapor lightsand installation ,~c~~ Exterior lights S C~>~ L_--J ~725.00 1450.00 .50.00 ~- 200.00 ~~ ~~ SUPPLIES TOTAL: 1,650.00 Transfer to Budget Summary Line 5 Please include a detailed description for all items listed in tine Budget Narrative f~ 7 ~~ MuNi P~~T Cit of Sebastian, Florida Subject: Florida Department.of Agenda No. ~ `7. ~ ~ -] Transportation (FDOT) Joint Participation Agreement (JPA) for T-Hangar Department: Construction Airport: ~ c.•-~- Finance Director: City Attorney: Approv d for bmittal by: City Clerk: Al Mi er, Manager ' Date Submitted: 10/16/2007 For Agenda of: 10/23/2007 Exhibits: (2) -Resolution R-07-43, FDOT JPA/Grant Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ -0- $ 800,000 REQUIRED: $ -0- SUMMARY Airport staff has secured an $800,000 Grant Agreement/JPA from the Florida Department of Transportation (FDOT) to construct additional hangars/T-Hangars at Sebastian Municipal Airport. Hangar space has, until recently, been in very high demand throughout the state, including Sebastian. The 40-unit T-Hangar development, built and presently managed by SheltAir, was filled to capacity even before construction was completed. A decline in aviation economic activity has led to a 10% T-Hanger vacancy rate in Sebastian, however, it is anticipated that airport economic development initiatives will result in strong demand once the business cycle rebounds. It is prudent for the airport to be in a position to meet anticipated demand. The total grant agreement/project cost is $800,000. This JPA provides for FDOT participation at an 80/20 rate, or $640,000. The remaining $160,000 represents Airport participation. Staff is recommending entering into apublic/private partnership (analogous to the SheltAir T-Hangar development) where aprivate /~- CD corporation/entity would provide the referenced `Airport participation' funds. Therefore there will be no cost to the City of Sebastian, or the airport, while providing the opportunity to generate airport revenues. Details on such apublic/private arrangement will be provided at a future date when appropriate agreements are presented for Council approval. In summary, this recommendation is only to accept the Grant Agreement/JPA. There are no expenditures being recommended at this time. RECOMMENDATION Move to approve Resolution R-07-43 authorizing a Joint Participation Agreement between the City of Sebastian and Florida Department of Transportation titled: Construct T-Hangars in the amount of $800,000. ~1n RESOLUTION NO. R-07-43 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT T-HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for the Construction of T-Hangars 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. 418164-1-94-01 on behalf of the City, and is attached hereto. 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 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 and, upon being put into The Mayor thereupon declared this Resolution duly passed and adopted this day of October, 2007. "1 i CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk 7~ Mayor Andrea Coy By: Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney STATE OF FLORIDA DEPARTMENT OF TRAN6PORTATION T2S030-08 PUBLIC TRANSPORTATION PusucTRAN6PORrnTioN 06/07 JOINT PARTICIPATION AGREEMENT Page 1 of 14 Financial Project No.: . 41 81 64-1-94-01 i em•segmen -p ase-sequence Contract No.: CFDA Number. CSFA Number. 550U4 No.: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 October 31, 2009 and this Agreement will expire unless a time extension is provided. in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) __ Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Construct T-Hangars 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, an o provide epartmental 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. Fund: Function: 637 Federal No.: DUNS No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Ora. Code: 55042010428 725.0300¢ PUBLIC TRANSPORTATION 06/07 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in f=xhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds far 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 Projiect Cost The total estimated cost of the project is $ 800,000 .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 afl 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 contingehcies, in the project in the amount of $ 640,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible far State participation will be allowed only from the effective date of this agreement. ft is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is Q 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 Q is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 7y 6.00 Project Budget and Payment Provisions: 725030-08 PUBLIC TRANSPORTATION 06/07 Page 3 of 14 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 othewise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt Of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained withir! 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 ttte 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 far the Project: The Agency shalt 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 procedureslprocesses deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comlhly and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. ?5 rzsosaos PUBLIC TRANSPORTATION 06107 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/processesdeerned 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 tothe /{gency 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 1 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 thatthe recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-speck 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, wiN meet the requirements ofthis part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shat! fulftll 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 w~h 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 ftom other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: if the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year.in accordance with Section 215.97, Florida Statutes; applicable Hales of the Department of Financial Services and the CFp; and Chapter$ 10.550 (local governmental entities) or 10.650 (nonprofd 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 far 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)(e), 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. S#ate 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. 7G~ 725-030.06 PUBLIC TRANSPORTATION 08/07 Page 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 Compfiroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audfts or evaluations of state financial assistance or limit the authorityr of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A 133, as revised, and required by Section 7.622 Part f 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: office of Modal Development 3400 W. Commeraal Blvd. Fort lauderdale, FL 33309 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 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department far 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: office of Modal Development 3400 W. Commeraal Blvd. Fort lauderdale, FL 33309 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: Office of Modal Development 3400 W. Commeraal Blvd. Fort lauderdale, FL 33309 ~~ ~25•oao.ofi PUBLIC TRANSPORTATION 06/D7 Page fi ~ 74 3. Copies of financial reporting packages required by Section 7.62 Part I I 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: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 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 7.62 Part ill of this Agreement shall be submitted by or on behalf of the recipient directly to: A. Ttte Department at each of the following addresses: Office of Modal Development 340D W. Commeraal Bfvd. Fort lauderdale, FL 33309 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 10.65Q (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 (focal govemmental entities) or 10.650 (nonprofit and for-profit organizations), F2ules 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, ar 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, ar its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.54 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, 7.551nsurance: F,cecution 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. ~s 725030.06 PUBLIC TRANSPORTATION 06/07 Pege7Mtd 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3AOO W. Commercial Blvd. Fort 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 detait 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 lowerthan the maximum provided in Chapter 112.061, F.S_ 8.13 For real property acquired, submit; (a) the date the Agency acquired the real properly, (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 alt 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 teat property. 8.20 The Department's pbligations: Subject to other provisions hereof, the Department will honor such requisitions In amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment, of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; or 8.24 Conflict of interests: There has been any violation of the conflict of interest provisions contained herein; 8,25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in F~chibit "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. ~9 725-030-06 PUBLIC TRANSPORTATION 06107 Pogo 8 pf 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 contrails 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 ailivitips 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 famish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the dosing out of federal financial participation in the project shall not constitute a waiver of any claim which the Deparkment 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, fetters, 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 Protect Accoun# Upon Completion of Protect: 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: F~ccept 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. so 723030-06 PUBLIC TRANSPORTATION osro~ Page 9 of 14 .12.20 Compliance with Consultants' Competitive Negotiation Act: tt 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 pBE requirements of 49 CFR Pact 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 jn 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, demofiion, or transfer, recruitment or recrtrltment advertising; layoff or termination; rates of pay or other fiorms 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 contractsin 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 wilt comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. ZOOOd, 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 Righ#s Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VII I 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. 121p2, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. ~~ 725036-06 PUBLIC TRANSPORTATION 06107 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, directors or employee's spouse or child is an officer, partner, director, or proprietor or in which such nicer, 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 orarrangement in connection with the project or any property included or punned 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 ta, 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 Miscelianeaus Provisions: 1.4.10 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 of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to third Parties: The Department shall not be obligated or Liable hereunder to any party other than the Agency, 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in na 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 ar territorial Law: Nothing in the Agreement shall require the Agency to observe or en#orce 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. BZ 725-030.06 PUBLIC TfYANSPORTATION 06107 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 pertormance 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, ar expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the pertormance of the Agreement. When the Department receives a notice of claim far 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 pepartment in such claim as described in this section. The Department's failure to ptomptly notify the Agency of a claim shall not act as a waiver of any tight 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 Depar#ment far 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. fr3 gas-oaaos PUBLIC TRANSPORTATION 06/07 Page 12 0(14 17.20 Multi Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,004 dglfars 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 October 31s 2009 If the Agency does not complete the project within this time period, this Agreement will expire unless ar5 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 submifted after the 120 day time period wilt 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. forrn shall extend to and include the singular. All words used in anygender shall extend to and include all genders. 20.00 Executwn 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 employes 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 shaA 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. ~y Y25-030-06 PUpLIC TRANSPORTATIpN 06/07 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215,422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requiremen#s do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor fist following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a pubiic 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 pertorm 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: 287.097, F.S. for CATEGORY TWQ 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 cons#ruction 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. ~5 725-030-08 PUBLIC TRANSPORTATION 06!07 Page 14 of 14 Financial Project No. Contract No. Agreement Date 418164-1-9401 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 SIGNATOf7Y (PRINTED OR TYPED) 51GNATURE TITLE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION pEPARTMENT OF TRANSPORTATION pirector of Transportation Development tITLE ~~ Fin. Proj. No.: 418164 -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: Construct T-Hangars SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shah 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 p{ans 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 corresponding progress report before submitting to District Financial Services Office for payment. 87 Fin. Proj. No.: 418164-1-94-01 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: $800,000 IL PARTICIPATION: Federal Partiapation: FAA, FTA, UMTA, etc. Agency Participation: In-IGnd Cash Other Maximum Department Participation: 0.00% $0 20.00% $160,000 Primary (DS) (DDR) (DIM) (PORT) 80.00% $640,000 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $800,000 F~Fs Finanaal Project No. 418164-1-94-01 Contract No. Agreement Date EXHIf31T C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and Citv 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, orthroughout the useful life of the project items installed within a faality under a noise compatibility program project, but in any event. not to exceed twenty (20) years from the date that the Agreement i5 executed. However, there shall be no limit on the duration of the assurances regarding F.xciusive Righ#s 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. Opligation: 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: 1t 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 anti 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 ad promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would intertere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight attitudes} by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 (8/2/2007) 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 wilt 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. ft 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 ail 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 forthe 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 uolume 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 Q© Page 2 (8/2/200 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 8~ Maintenance; The airport and all facilities which are necessary to serve the aeronautical users of the airport, shat) 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 perrnit any activity or action thereon which would intertere with its use for airport purposes. Any proposal to #emporarity 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 aeronau#ical 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 substan#ially 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 of the airport. 12. Exclusive Rights: It wilt permit no exclusive right forthe 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 fhe 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. 1l3. 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, forthe 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 ©epartmertit 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. Ai~eld 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. 18. Project Development: All project relafed work wilt comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circufars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. Joint Partlclpafion Agreement (JPA) Exhibit C Page 3 (8/2!2007) ~ ~~ C. Planning Projects If this project invo{ves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the protect in accordance with the approved project narrative or with approved modifications, 2. Reports:. Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any tither country. 4. Disclosure: Grant the Department unrestricted au#hority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department C3uidelines: 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 pepartment, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasiblefinancial 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 doss 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. Joint Participation Agreement (JPA) Exhibit C Page 4 (8!2/2007) d. Establishing a project account for purchase- of land interests, e. Collecting and disbursing federat, 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.: a. The Agency shalt 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 1~ calendar days of receiving the federal funds and is responsible for reimbursing the Departmen# within 30 calendar days to achieve norms( 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.5., 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 forfederal 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 shalt use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land wilt 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: t. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. Alt design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. Jofnt ParEicipation Agreement (JPA~ Exhibit C Page 5 /1~ (S/2/2007) `~~ c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project, Plans produced .for this project shalt be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-C0, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports + Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection ~ Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it wilt allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: Wdh 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 otherthan the Agency, Joint Participation Agreement (JPA) F.xlribit C ~~ Page 6 (x/2/2007) 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 satisfiactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terrns 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. Joint Participation Agreement (JPA) Exh/bif C Page 7 (8/2/2007) 1 ~ ' Fin. Proj. No.: 418164-1-94-01 Contract No.: Agreement Date: EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to City of Sebastian may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, andJor other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring proceduresJprocesses 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 Cite of Sebastian regarding such audit City of Sebastia~r 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. UA~,DITS 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 ar 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. to 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 t, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Joint Participation Agreement (JPA} Exhibit D /~ Page t of 7 V PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters .10.550 (local govemmental 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 govemmental 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 1. 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 Paee 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 tp 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 fetters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of financial. reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Joint Participation Agreement (JPA) Exhibit D Page 3 of 7 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART Ill 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 Departmen# 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 govemmental 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 govemmental 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 fior a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Joint Participation Agreement (JPA) Exhibit D Paee4nf7 EXHIBIT -1 STATE RESOURCES State Agency Catalog of State Financial Assistance ~ umber & Title) Amount Department of Transportation 55004 -Aviation Development Grants $640,000. b'ectives 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 (FAi~) Part 150 noise studies; - Environmental impact studies (EI5); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; -Airport management studies and training; -Air services studies and related promotions( 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 tower's, 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) Exhihit D ~/~ Pa.ee 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. !n 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. (FOOT 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 wiN enhance economic impact; -Building for lease; -Industrial parts infrastructure and buildings; -General aviation terminals that will be 900 percent leased out; -Industrial park marketing programs. (FOOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides in#erest free Loans for 75 percent of the cast 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 a# www.dot.state.fl.us/Aviation/Public.htm. Commercial Service Airports Matahin,~cLReguirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. (FOOT 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. (FOOT 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 far local match only. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Joint Participation Agreement (JPA) Exhibit D Paee 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 FMB 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 (]PA) Exhibit D ,~ ~ ~ Page 7 of 7 rnY~ ~~, HQME QF PELtU'1V IS~LANB AGENDA TRANSMITTAL Subject: Design Taxiway "C" JPA Agenda No. ~7. ~ 8~ Termination Department Origin: M ' ip~l Airport Joseph Griffin App o e ubmittal by: Finance Director: Shai Fr cis City Clerk: Ms. Sally Maio City Attorney: Mr. Richard S ger A i e City Manager Date Submitted: October 18, 2007 For Agenda of: October 24, 2007 Exhibits: 2 : 1. Resolution; 2. JPA Termination EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIItED: -0- -0- REQUIRED: -0- SUMMARY On June 14, 2006, Council approved an agreement between the Florida Department of Transportation (FDOT) and the City Of Sebastian providing for the desi of Taxiway "C." The budget would be approximately $160,000. It was determined that Taxiway "C" was an unnecessary addition to the airport and had the potential of confusion when pilots are engaged in ground operations. It was determined that by keeping the taxi patterns as they currently exist, the airport would be better served and the level of safety increased. Additionally, the JPA in question is only the design phase. The actual construction was estimated at $1.5 million. It was determined that this .project is beyond the foreseeable scope and capacity of our airport. In an effort to eliminate waste, airport staff has recommended termination of JPA 421334-1-94-01. RECOMMENDED ACTION 1. Move to approve Resolution R-07-44 terminating the Joint Participation Agreement between the FDOT and the City Of Sebastian for design of Taxiway "C." l'G'3 ~o~i RESOLUTION NO. R-07-44 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO TERMINATE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT THAT PROVIDED FOR THE DESIGN OF TAXIWAY "C"; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to terminate funding for the design of Taxiway "C" at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to the termination of funding for the design of Taxiway "C"; 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 terminate the PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 421334-1-94-01 on behalf of the City, and is attached hereto. 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 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 and, upon being put into The Mayor thereupon declared this Resolution duly passed and adopted this day of October, 2007. X05 CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk ~~D~ Mayor Andrea Coy By: Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Fin. Proj. No.: 421334-1-94-01 Contract No.: AOG97 JOINT PARTICIPATION AGREEMENT TERMINATION This Agreement made and entered into this _ day of , 20_ by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the Department and City of Sebastian hereinafter called the Agency. WITNESSETH WHEREAS, the parties have determined that the performance of the Joint Participation Agreement entered into between the parties on June 22, 2006 is not in their best interests. NOW, THEREFORE, in consideration of the premises it is agreed that the above described agreement is terminated and each party relieves the other of any obligations. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed. AGENCY . FDOT APPROVED AS TO FORM, LEGALITY City of Sebastian BY TITLE: ATTEST: TITLE: (SEAL) APPROVED AS TO FORM, LEGALITY ATTORNEY DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PRQDUCTION ATTEST: TITLE: (SEAL) ,07 tab atrrf ~T .HOME OF PELIUU'7 tStAtiD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: Q 7. ~ ~9 Resolution No. R-07-45 -Endorsing Efforts of Sebastian River Area Chamber of Commerce to Establish an Department Origin: City Manager Ec no c Development Plan for Se as n Area City Attorney: Date Submitted: 10/18/07 i ager For Agenda of: 10/24/07 Exhibits: R-07-45 SUMMARY STATEMENT City Council, following a Chamber of Commerce presentation on a draft Economic Development Plan at its October 17, 2007 Workshop, and at the advice of the City Attorney, requested a resolution be brought back to endorse the Chamber's efforts. The City will further cooperate in the effort by the City Manager or his designee participating as a member of a Chamber organized and facilitated committee to finalize a plan. RECOMMENDED ACTION Adopt Resolution No. R-07-45. ~ oq Y1 RESOLUTION NO. R-07-45 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENDORSING THE EFFORTS OF THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE TO ESTABLISH AN ECONOMIC DEVELOPMENT PLAN FOR THE SEBASTIAN AREA. WHEREAS, the Sebastian River Area Chamber of Commerce initiated discussions with the City of Sebastian to move forward with an Economic Development Plan to help attract new businesses and retain existing businesses in the Sebastian area; and WHEREAS, at the October 17, 2007 Council workshop, the Chamber presented a. draft Economic Development Plan; and WHEREAS, the City Council supported the draft plan, proposals and tasks, including the establishment of a Chamber organized and facilitated committee to consist of members appointed by the Chamber and one City staff member; and WHEREAS,. the City Council believes it is in the best interest of the City of Sebastian to endorse the Chamber's efforts in establishing an Economic Development Plan and participate by having the City Manager or his designee participate on the committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, as follows: Section 1. That the City of Sebastian endorses the efforts of the Sebastian River Area Chamber of Commerce to establish an Economic Development Plan for the Sebastian area to attract new businesses and retain existing business to the Sebastian area. This resolution was moved for adoption by Council Member ,and seconded by Council Member ,and the vote was as follows: Mayor Andrea B. Coy Vice Mayor Sal Neglia Council Member Dale Simchick Council Member AI Paternoster Council Member Eugene Wolff The Mayor thereupon declared the resolution duly passed and adopted this 24th day of October, 2007. CITY OF SEBASTIAN, FLORIDA Attest: By Sally Maio, MMC -City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer City Attorney By: Andrea B. Coy, Mayor ~i ~~z area ~~~~T ,~~ . HQME Oy PELIGN ISLAND Subject: Police Retirement Board of Agenda No: 07, U(p~ Tr ste A pr for Submittal by: Department Ori • City Clerk's Office City Clerk: City Attorney: Date Submitted: 10/16/07 i a Eger For Agenda of: 10/24/07 Exhibits: FS185.05, Applications, Board Member List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT The civilian positions are two year terms which expired October 1St. Both Mr. Taracka and Mr. Zomok would like to serve again. Please note that because this board is statutorily regulated the City code limiting six years of service does not apply to Mr. Taracka. RECOMMENDED ACTION Interview applicants, unless waived and submit nominations for the two positions which will expire October 2009. '\ i i;~ g~ POLICE RETIREMENT BOARD OF TRUSTEES Created by Ordinance This board is governed by Florida Statute 185 and City Code of Ordinances Section 58- 46. MEMBERSHIP Five members. (See membership requirements on following pages) Terms are not three year and members are not limited to two terms as is the case for other boards of the city. DUTIES To administer the proper operation of the police retirement system. MEETING TIME On as-needed basis - at least quarterly. 185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's fees. For any municipality, chapter plan, local law municipality, or local law plan under this chapter: (1) In each municipality described in s. 185.03 there is hereby created a board of trustees of the municipal police officers' retirement trust fund, which shall be solely responsible for administering the trust fund. Effective October 1, 1986, and thereafter: (a) The membership of the board of trustees for chapter plans shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality, and two of whom shall be police officers as defined in s. 185.02 who shall be elected by a majority of the active police officers who are members of such plan. With respect to any chapter plan or local law plan that, on January 1, 1997, allowed retired police officers to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality. Upon receipt of the fifth person's name, the legislative body of the municipality shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member. The fifth member shall have the same rights as each of the other four members appointed or elected as herein provided, shall serve as trustee for a period of 2 years, and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 2 years, unless sooner replaced by the legislative body at whose pleasure the member shall serve, and may succeed himself or herself as a trustee. Each police officer member shall serve as trustee for a period of 2 years, unless he or she sooner leaves the employment of the municipality as a police officer, whereupon the legislative body of the municipality shall choose a successor in the same manner as an original appointment. Each police officer may succeed himself or herself in office. (b) The membership of boards of trustees for local law plans shall be as follows: 1. If a municipality has a pension plan for police officers only, the provisions of paragraph (a) shall apply. 2. If a municipality has a pension plan for police officers and firefighters, the provisions of paragraph (a) shall apply, except that one member of the board shall be a police officer as defined in s. 185.02 and one member shall be a firefighter as defined in s. 175.032, respectively, elected by a majority of the active firefighters and police officers who are members of the plan. 3. Any board of trustees operating a local law plan on July 1, 1999, which is combined with a plan for general employees shall hold an election of the police officers, or police officers and firefighters if included, to determine whether a plan is to be established for police officers only, or for police officers and ~la~ firefighters where included. Based on the election results, a new board shall be established as provided in subparagraph 1. or subparagraph 2., as appropriate. The municipality shall enact an ordinance to implement the new board by October 1, 1999. The newly established board shall take whatever action is necessary to determine the amount of assets which is attributable to police officers, or police officers and firefighters where included. Such assets shall include all employer, employee, and state contributions made by or on behalf of police officers, or police officers and firefighters where included, and any investment income derived from such contributions. All such moneys shall be transferred into the newly established retirement plan, as directed by the board. With respect to any board of trustees operating a local law plan on June 30, 1986, nothing in this paragraph shall permit the reduction of the membership percentage of police officers or police officers and firefighters. (c) Whenever the active police officer membership of a closed chapter plan or closed local law plan as provided in s. 185.38 falls below 10, an active police officer member seat may be held by either a retired police officer or an active police officer member of the plan who is elected by the active and retired members of the plan. If there are no active or retired police officers remaining in the plan or capable of serving, the remaining board members may elect an individual to serve in the active police officer member seat. Upon receipt of such person's name, the legislative body of the municipality shall, as a ministerial duty, appoint such person to the board of trustees. This paragraph applies only to those plans that are closed to new members under s. 185.38(2), and does not apply to any other municipality having a chapter or local law plan. (d) If the chapter plan or local law plan with an active membership of 10 or more is closed to new members, the member seats may be held by either a retiree, as defined in s. 185.02, or an active police officer of the plan who has been elected by the active police officers. A closed plan means a plan that is closed to new members but continues to operate, pursuant to s. 185.38(2), for participants who elect to remain in the existing plan. This paragraph applies only to those plans that are closed to new members pursuant to s. 185.38(2) and does not apply to any other municipality that has a chapter plan or a local law plan. (2) The trustees shall by majority vote elect from its members a chair and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by Florida law. (3) The board of trustees shall meet at least quarterly each year. (4) Each board of trustees shall be a legal entity that shall have, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. (5) In any judicial proceeding or administrative proceeding under chapter 120 brought under or pursuant to the provisions of this chapter, the prevailing party shall be entitled to recover the costs thereof, together with reasonable attorney's fees. (6) The provisions of this section may not be altered by a participating municipality operating a chapter or local law plan under this chapter. History.--s. 2, ch. 28230, 1953; s. 2, ch. 59-320; s. 2, ch. 61-119; s. 4, ch. 86-42; s. 41, ch. 93-193; s. 940, ch. 95-147; s. 45, ch. 99-1; s. 6, ch. 2002-66. i!6 dncf .~ ~~ HOME OE PELICAN: ISLAND. APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (AI1 City Board and Committee Members Must be Residents of the City of Sebastian) NAME: G ~ ~ HOME ADDRESS: /-~-5 ~'i' /~}v~ HOME PHONE: ~ HOME FAX: ~ E-MAIL: ~ i3 BUSINESS: ~ _ -- ~ ~ r ~ _ s~~k BUSINESS ADDRESS: ~ J~Z iN s . S ~ ,~ BUSINESS PHONE: 3S~ ~?~(~ BUSINESS FAX: -- E-MAIL: -- ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? /- ~ DO YOU CURRENTLY HOL ANY PUBLIC OFFICE? L ~~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)* CONSTRUCTION BOARD (permanent board -meets once a month)' HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)" / POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVIS.QRY COMMITTEE (permanent board -meets once a month) TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent-board -meets once a month) ~ OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) ~ *Filing of financial disclosure is required following appointment ~ ~-+ -. C .~e~ =~ ~-. --t-. - C"~ r ,~ -~ _:. C7 ~'~' - ;" ~- ~ry _~ ~__. ~; !~7 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) I = T//Q '" ~! /G £ - is rya s-•-j=v c /,~ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~ ' .,.rtu~-~ ~ L r r ~ o LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEE CONVICTED OF ANY FELONY IN THIS OR ANY STATE? do HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? Iva WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~ o I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is a ailable if requested. /////,~ /nom /~'~ Applicant Signature Subscribed and sworn to before me this ~fTN day of d~ro~E-2 o2ot'i'~ by Rf "Tl}PA~KA who is persona y known to or has produced • •~:Y ".•• VIRGINIA H. KLEINFELTER ` (1 ~ ~ MY COMMISSION N DD 455885 _7 ~ Nota Public, State Flori ~~Pe;~o, BandedThlruNo~ryUIPuW'~cU ~ ers Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\a pplicat.wpd rev. 10/2005 i~~ Yage 1 ofL Jeanette Williams From: Sally Maio Sent: Thursday, October 18, 2007 10:43 AM To: Jeanefte Williams Subject: FW: Application for Police Pension Board From: zomrjz@aol.com [mailto:zomrjz@aol.com] Sent: Thursday, October 18, 2007 10:16 AM To: Sally Maio Subject: Re: Application for Police Pension Board Sally, I retired from IRN1Ji in February 2007. Is this sufficient or do you need a letter? Bob -----Original Message----- From: Sally Maio <smaio@cityofsebastian.org> To: zomrjz@aol.com Cc: Jeanette Williams <jwilliams@cityofsebastian.org> Sent: Wed, 17 Oct 2007 3:40 pm Subject: Application for Police Pension Board When trying to reach you at IRMH we were informed that you are retired from your position. Your last . board application was August 2006 and the attached resume shows that you are still at IRMH. Please send us a note that states that you have retired from this position so that what we provide to Council for the appointment is up to date. Thank you -Sally Maio, City Clerk size=2 width=" 100%" align=center> Email and AIM finally together. You've gotta check out free AOL Mail! 10/18/2007 ~~w APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the. City of Sebastian) NAME: Bob Zomok HOME ADDRESS: 685 Collier Lake Circle, Sebastian, FL 32958 HOME PHONE: 388-9339 BUSINESS: Indian River Memorial Hospital BUSINESS ADDRESS: 1000 36th Street, Vero Beach, FL 32960 BUSINESS PHONE: 563-4464 BUSINESS FAX: 563-4632 E-MAIL: Bob.Zomok@irmh.org ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG? 7 years DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? No WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH- YOU ARE INTERESTED LN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (se-ves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary-meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)* CONSTRUCTION BOARD (permanent board -meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board-meets quarterly) PLANNING AND ZONING COMMISSION (permanent board-meets twice a month)* X POLICE RETIREMENT BOARD OF TRUSTEES (pem-anent statutory boar/- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) See Attached HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? have been the Plan Administrator or the Plan Sponsor for both Defined Benefit and Defined Contribution Plans during my 35-year career in Human Resources. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? No I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have bee ed with, read and understand City of Sebastian Code of Ordinances Sections 2-166 tflTO~gn 173 (atta ~(ed). Information relative to a specific board or committee is available if requested. Signature ~~~Su$,SC~ibed and sworn to before me this ~_day of ,abb la , by Pry- ~ rnok ,who is personally kn n to me, ~csd- as identification. 1~~ Notary Public, State of Florida ~P~ MICHEU.EADAMS _-{ MY COMMISSION # DD 300625 ~~ EXPIRES: Mardt t u,~ J~~ tt~~ Thm Notary PubAc V ~~ ROBERT J. ZOMOK 685 Collier Lake Circle Sebastian, Florida 32958 772-388-9339 (Residence) 772-563-4464 (VI/ork) EXECUTIVE SUMMARY: An executive with broad experience in the field of .human resource management. Technical abilities in all phases of personnel management with emphasis in compensation, pension, executive compensation, employee relations, policy and procedure writing, HRIS, and direct as well as preventative labor relations. Strong facilitation skills and particularly adept at development of human resources staff. Major emphasis on team building as a key human resource management tool in organizational development and culture change: Cognizant of and experienced with multi-site facilities and merger and consolidation activities in an integrated delivery system environment. Skilled in the use of Microsoft Office and various HRl systems. EXPERIENCE: INDIAN RIVER MEMORIAL HOSPITAL PRESENT Vero Beach, Florida 1999- DIRECTOR, HUMAN RESOURCES: Direct the Human Resources, Education, and Employee. Health Departments. Participated in negotiating the first .labor contract covering the Registered Nurse. The contract resulted in no increased cost to the Hospital. Implemented the reinstallation of the Infinium Human Resources Information System. The results, to date, include the first position control report for the organization, production of Performance Evaluation and Turnover reports for the Board, and a dramatically improved reporting capability. Revitalized the credibility of the Human Resources function by introducing a customer-focused approach. Revised the Workers' Compensation program resulting in a $150,000 reduction in cost. Restructured .the welfare benefits program netting. savings in excess of $50,00 per year. Established a collaborative relationship with the Teamsters union.. To date, over. 30 grievances have been filed and the union has withdrawn over half of them. No issues have been taken to arbitration. Actively involved in the planning for a change from a paternalistic culture to one of an empowered work force through the active utilization of the organization's Values. ~iZd ATLANTIC MEDICAL CENTERS Daytona Beach, Florida DIRECTOR, HUMAN .RESOURCES: Managed the day-to-day operations of the Human Resources Department. Revised the position control report to provide more accurate manpower reporting. This resulted in the initial stages of using multi-disciplinary. teams to resolve human resources issues. Restructured required Board reports reducing the time required to less than one hour per month. Initiated projects including establishing a structured approach to position approval, redesign of the PRN pool program, definition of levels of management, the production of a wage and salary group/grade report, and implementation of a reduction in force. Each of these projects required the use of teams. Managed the Maintenance, Housekeeping, and Marketing, and the Seniors Program. MILFORD MEMORIAL HOSPITAL Milford, Delaware DIRECTOR, HUMAN RESOURCES: Managed the human resources, training and development, volunteer, auxiliary, and employee health .functions. Directed the organizational development, management development, compensation and benefits, employee relations/discipline, employment, HRIS, pension planning, deferred compensation, employee assistance, legislative compliance, and workers' compensation programs. On an interim basis, led the housekeeping, dietary, maintenance, and pharmacy functions. • Major accomplishments: Initiated an organizational development intervention in concert with the CEO designed to improve change leader management .skills. Developed the Team Building curriculum as a member of the CQI Steering Team. Led the initiative to implement a culture change from a traditional, patriarchal one to an empowered employee environment. • Initiated and facilitated teams to develop and issue a Personnel Policy and Procedures Manual, restructure the Wage and Salary program, and redesign the Performance Evaluation Program. Developed and initiated a revision to the Wage. and Salary program which has resulted in an annual savings of $200,000. Revised the Worker's Compensation program by initiating an aggressive return to work. program saving .the .hospital over $300,.000.. Amended .and restated the pension plan. Negotiated welfare benefit plan contracts. Established a highly effective employee relations program through one- on-one coaching of department heads. The Hospital has had no EEOC complaints filed against it and no union drives ~ 2.2 • Initiated an Operations Audit wherein each department was required to report on specific performance issues to a team comprised of the CEO, the Director of Fiscal Services, and the Director of Human Resources. Participated, as a member of the Executive Team, in the Hospital's strategic planning process, the master site planning program, as well as the day to day operations. Served as Staff to the Professional Affairs Committee of the Board of Directors. • Involved with the Medical Staff by investigating a Supplemental Executive Retirement Program for the hospital owned primary care practices, serving as staff to the Medical Staff Recruitment and Retention Committee, and coordinating reimbursement. agreements for recruiting expenses. Absorbed Physician Recruiting into Human Resources. • Participated in pre-merger activities by completing the Human Resources section of the Due Diligence process. Led the teams to consolidate the Personnel policies, Workers' Compensation program, and the welfare benefits. BUTLER MEMORIAL HOSPITAL Butler, Pennsylvania DIRECTOR, HUMAN RESOURCES: Manage the Personnel/Employee Relations Department, training and development, employee health, employee assistance program, and Medical library. Directed activities in the areas of wage and salary administration, deferred compensation, pension, recruiting, employee relations, labor relations, policy and procedure development, legislative compliance, HRIS, employee health/safety, and management development. MERCY HOSPITAL OF PITTSBURGH (Teaching Hospital) Pittsburgh, Pennsylvania DIRECTOR OF HUMAN RESOURCES: Directed the activities of a staff of seven professionals and eight clerical employees. Responsible for compensation, executive compensation, benefits, pension, employment, employee relations, labor rela- tions, legislative compliance, HRIS, and training for the hospital. Major Accomplishments:.. Complete. revision of the .wage and salary. program. Installed manpower- control by computerizing a position control system in conjunction with the established manpower budgets. Directed the implementation of a major staff reduction including communications to department heads, affected employees., medical staff, and the Board of Trustees. Initiated the first formal affirmative action program in the ~z3 organization. Instrumental in proposing a self-insured workers' compensation program and initiating an aggressive return-to-work program. Led. the negotiating team that obtained a contract settlement with a tower base wage than in any other local hospital contract with the same union. Functioned as the primary contract administrator, resolved all grievances without arbitration. WASHINGTON COUNTY HOSPITAL ASSOCIATION Hagerstown, Maryland DIRECTOR, HUMAN RESOURCES: Directed the activities and functions of the Personnel and Education Departments to include employee relations, compensation, benefits, pension, executive compensation, recruiting, employee health, and policy and procedure development. Installed a point factor job evaluation system covering all of the organization's positions.. Designed and installed the first executive compensation program for the hospital. Introduced and administered the first merit program. Installed. processes to monitor wage/salary market competitiveness and enhance supervisory. and employee awareness of the organization's wage/salary program. Enhanced employee relations by ensuring the visibility and accessibility of the Personnel Department. Actively participated in the design and implementation of a reorganization of the hospital from a traditional internal structure to a corporate structure. ALLEGHENY GENERAL HOSPITAL (Teaching Hospital) Pittsburgh, Pennsylvania MANAGER OF COMPENSATION MANAGER OF EMPLOYMENT PROFESSIONAL/COMMUNITY ACTIVITIES: Instructor in Human Resources Management, Introduction to Business, Principles of Management, and Labor Relations at various community colleges and at the four-year college .level. Participated in advisory committees for high school and allied health curriculum design. Served on the Board of the Milford Senior Center. Held leadership positions in the Pennsylvania and Delaware Human Resources Societies. EDUCATION: Ed. D., Wilmington College, (enrolled September 1996) M.A., Industrial Relations, St. Francis College B.A., Psychology, Duquesne University. 12~ POLICE RETIREMENT BOARD OF TRUSTEES 2-YEAR TERMS Two Members Appointed ~ City Council Richard Taracka Term to expire 10/2007 1320 Coverbrook Lane Appointed 10/24/2001 Sebastian, FL 32958 Bob Zomok Term to expire 10/2007 685 Collier Lake Circle. Appointed 8/23/2006 Sebastian, FL 32958 Two Members Appointed ~ Police Officers Officer Eric Wheeler Term to Expire 10/07 Appointed 5/03 Detective Dennis Hovasse Term to Expire 10/07 Appointed 10/97 One Member Appointed ~ Board and Confirmed ~ C_yt Council vacant Term Expires 10/2007 75 ~~5 CITY QF ~~SAST HaME OF PELICAN ISLAND September 18, 2007 PRESS RELEASE CIVILIAN POSITIONS ON THE CITY OF SEBASTIAN POLICE OFFICER PENSION BOARD OF TRUSTEES THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL TWO CIVILIAN POSITIONS ON THE POLICE OFFICER PENSION BOARD OF TRUSTEES WHOSE TERMS WILL EXPIRE 10/2009. THIS BOARD MEETS AT LEAST QUARTERLY IN COUNCIL CHAMBERS AT CITY HALL, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED UNTIL OCTOBER 17, 2007. ### 2(n