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HomeMy WebLinkAbout01092008CRA Agendarnv~~ T HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) AGENDA WEDNESDAY, JANUARY 9, 2008 IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING WHICH BEGINS AT 7 PM CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES 1-5 A. 8/22/07 Meeting ~-1a B. 9/19/07 Meeting 5. OLD BUSINESS 19-49 A. Update on Indian River Drive/Main Street Project (Schulke Update, Drawing, Facility Location Alternate Plans A-D, Dept of Army No Permit Required Verification, SJRWMD Letter, Bio-Tech Letter) 6. NEW BUSINESS 7. ADJOURN Any person who decides to appeal any decision made by the CRA will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard. (286.0105 F.S.) In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. CCtiVOF HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES WEDNESDAY, AUGUST 22, 2007 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL Chairperson Coy called the meeting to order at 6:02 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 Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke/Barry Siepmann Finance Director, Shai Francis Growth Management Director, Rebecca Grohall 4. APPROVAL OF MINUTES - 7/25/07 Meeting Neglia/Paternoster MOTION by Mr. Neglia and SECOND by Mr. Paternoster, to approve the minutes. Voice vote 5-0. Passed 5. NEW BUSINESS A. Resolution No. 07-01 - FY 2007 CRA Budget Amendment (Finance Transmittal, R-07-01, Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. CRA Meeting August 22, 2007 Page Two The City Manager pointed out revisions as distributed prior to the meeting and reviewed them for Council (see attached). Chuck Lever, Mulberry Street, Sebastian, presented a petition with 134 signatures opposed to the Main Street/Indian River Drive Improvement Project (see face page attached to minutes). He then read the title of the petition at the request of Mr. Wolff. Mr. Wolff asked if there is an alternative plan. Mr. Lever said there are a couple of civil engineers looking at this who can do it for less money. He said, in response to Mayor Coy, one of the engineers is local and one is not. He said they were .opposed to the design as it is now in conceptual. Ms. Simchick said she hoped that those people opposed would come forward at the next meeting on the project. Damien Gilliams, 1623 US 1, Sebastian said the time to short circuit is now during the budget process. He said this is a waste of the taxpayers' money, that we are not getting more parking, and recommended that the Members take the money and start acquiring lands. He said this is a glorified site plan for the Chamber of Commerce and the Chamber should be next to City Hall. He suggested accident ratings be checked for the ramp, recommended taking the money out of the budget now. Joseph Dunaway, Sebastian, asked if the City really wanted to put a parking lot in this area, said the Chamber belongs next to City Hall and the City needs to purchase property rather than applying the money to a project like this. Mr. Neglia said he was in favor of approving as it is with the changes. In response to Mr. Paternoster, the City Manager said the number for special events was the same in the original CRA budget, and he listed the numbers for each event. Mr. Paternoster asked if the police funding was coming from the CRA budget and the City Manager said that was included in the amended exhibit. Mr. Paternoster asked if the CRA approved the amendment as is, and they decided not. to do the Main Street improvement, what would occur. The City Manager said the Schulke contract would have to be reallocated and it would be up to Council to shift it to another project or reserve. Ms. Simchick asked why there is a $30,000 decrease in the sign and facade improvement program. The City Manager explained it was not spent this year and $30,000 represents next year's expense. 2 CRA Meeting August 22, 2007 Page Three Mr. Wolff asked what would transpire if the budget resolution was not passed. The Finance Director said it would be a violation of state statutes and it would be a bad financial transaction note in the audit. Mayor Coy pointed out what the CRA Members decided was not permanent, but an accounting procedure and workshops will be held on the improvements. Mr. Paternoster asked the City Manager to explain exactly where reserve money comes from, and the City Manager explained the City has a reserve account for the Main Street project, and sometimes staff talks about unrestricted revenues but tonight funds are reserved for a specific account. He then explained how tax increment financing for community redevelopment districts comes from property owners, taxing jurisdictions; and in the City's case, the County. Mr. Paternoster asked if the City puts in $200,000 this year, the county would give $200,000; could the City put in $250,00 next year. The City Manager responded there are probably some policies dictating that the CRA was funded to the maximum. MOTION by Ms. Simchick and SECOND by Mr. Neglia, to approve Resolution No. 07-01 amending the budget for FY2007. Roll call result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed B. Approve the Proposed 2008 Community Redevelopment Budget -Set Adoption Hearing for September 19 2007 (Finance Transmittal Budget, Line Item Detail) The City Manager briefly reviewed the proposed budget pointing out a financing mechanism along with recreational impact fees for the Indian River Drive project, otherwise the budget is very similar to the 2007 budget. Damien Gilliams, 1623 US 1, Sebastian, asked if there was a detailed explanation why the professional services amount dropped. The City Manager said no. Mr. Gilliams asked what the lighting cost was and stated in his opinion it should come from Recreation funds and the City Manager said it was not allowed because it is an operating expense. Mr. Gilliams asked why the City was spending $14,000 for a Christmas Tree, noted there was money in the budget for the cancelled Clambake, noted there was money in the budget for the Art Festival, which hasn't been approved. He said the City is confusing the funds and should be cleaning up the blighted area. He said he had CRA Meeting August 22, 2007 Page Four provided information in Council's mailboxes on a food festival and perhaps they could reallocate the funds from Clambake to his food festival. Ms. Simchick said Council did give a consensus for an Art Festival and it was appropriate to budget for it. Mayor Coy explained that CRA funds can be used for many purposes including things that are for the public good and money is not always made on events for the public. In response to Ms. Simchick, Mr. Paternoster said Council did not approve the Fine Arts festival but approved the concept. Mr. Paternoster asked where the debt service money would be borrowed from and the City Manager said the figure was just an estimate and there is no lender for that yet. The Finance Director said this year's debt service amount is for a half year, and would double for the following years, at 4.75% bringing the project cost to approximately $1,695,000. Ms. Simchick said there was a consensus to do due diligence on the property on the northwest corner of US 1 and Main Street and asked for a property cost before September 19~' meeting. In response to Mr. Wolff, the City Manager explained the community redevelopment district and tax increment funding which fund the CRA projects. Mr. Wolff said commercial properties in the district not subject to homestead continue to rise and asked if they are paying additional taxes. The City Manager said they do not pay additional taxes, noting the increments in a blighted area are not going to increase as quickly. The. City Manager said several Florida cities have used CRA funds for projects and said it takes 10-15 years to make money from a district. Mr. Neglia pointed out the budgeted $4,000 for the Art Festival last year which did not take place and the City Manager stated the amount was reflected in the 2008 un- appropriated line. MOTION by Mr. Neglia and SECOND by Ms. Simchick, to approve going forward with the introduction of the 2008 CRA budget as a working document. Roll call result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 6. Being no further business, the meeting adjourned at 6:56 p.m. \` 4 Approved at the CRA meeting. Andrea Coy, Mayor ATTEST.• Sally A. Maio, MMC - Cify Clerk ~J Cm'oF ~~~~ HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES WEDNESDAY, SEPTEMBER 19, 2007 IMMEDIATELY FOLLOWING SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL Mayor Coy called the meeting to order at 6:52 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 Growth Management Director, Rebecca Grohall Finance Director, Shai Francis Police Chief, Jim Davis Police Lieutenant, Michelle Morris MIS Systems Analyst, Barry Siepmann 4. APPROVAL OF MINUTES - 8/22/07 Meeting Mayor Coy requested that approval of the minutes be postponed because they were not in the packet. 5. OLD BUSINESS A. Indian River Drive/Main Street Improvement Project -Schulke Report/Public Input The City Manager said at the last session people came up with some alternative ideas which Mr. Schulke has incorporated and will present tonight. ~i' Community Redevelopment Agency September 19, 2007 Page Two Joseph Schulke, Schulke, Bittle and Stoddard, Vero Beach, introduced his staff and colleagues and gave a power point presentation with an updated conceptual plan, aone- aisle concept with parking on each side, a fountain as an alternative to the Hardee Oak focal point, additional parking behind the Chamber of Commerce, two staging areas, removal of the kayak launch area, incorporated the use of saplings from the Hardee Oak in the Heritage Memorial Park area. (see Schulke report and drawings attached). Mr. Schulke reported that City staff favored pervious parking materials, the fountain focal point, the Heritage area where the saplings could be planted, a Florida Venacular restroom facility with water fountains and a telephone, nautical rope along the river, specialty paving and the use of mast arm signals. He expounded that the planned intersection patterns will operate at a better level of service and met queuing criteria. Bill DuMond, Land Design South, described the proposed landscape plan, recommending drought tolerant, low maintenance plants and noted the tree palette (attached to Schulke report), strongly suggested a local landscape contractor be utilized. Mr. Wolff asked if there will be irrigation, and Mr. DuMond said there would be. He asked if he had a landscape nursery in mind, and Mr. DuMond said he has a list of contractors 'in Indian River County and the non-native material he would use would be drought resistant. Mr. Wolff told him not to relent to people on use of non-natives, noting the riverfront may keep the temperatures higher. Mayor Coy called for public input from the public: Robert Pliska, 1590 Dewitt Lane, Sebastian, said he believed the two-way traffic pattern within the ramp area with a 60-65 foot boat would be a problem and asked Mr. Schulke how much radius you need with 75 feet of truck and boat. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to extend Mr. Pliska's time for three minutes. Voice vote carried 5-0. Mr. Pliska continued his presentation stating this boat parking lot won't work. Ruth Sullivan, Indian River Drive, adjacent property owner, said Schulke has done a wonderful job, had a concern with cars backing up onto Indian River Drive, this will be safer for boaters and people traveling on Indian River Drive. She said she would follow the Power Squadron's recommendation on parking. She said she would like to see a place preserved where people could just sit and look at the water, said she liked the heritage area proposed, and recommended a curb cut off of US 1 into the Chamber to keep traffic off Indian River Drive. 2 Community Redevelopment Agency September 19, 2007 Page Three Trish Adams, 47 River Oak Drive, Sebastian, said the plan is fantastic, except the restroom may be a little too close to the lagoon, not knowing if it is on septic or sewer, there could be a good balance with native and non-native plants, recommended the City do some mangrove restoration along shoreline, and if ramp fees are imposed, they be based on trailer registration. Andrew Walls, Delmar Street, Sebastian, said the view will be taken away by this plan, he asked if there is accident data showing the need for this improvement and he was not in favor of it. Mr. Schulke, (father of Joseph Schulke), Power Squadron Member, described the work of the squadron, said he has never seen a 55 foot boat on a trailer in town and the largest he has seen is a 41 footer, so he doesn't see a problem with this, said the two-way traffic is fine, and the way it is laid out will stop traffic from going out to US 1, said everybody he talks to likes the plan, said the riverfront is lovely and everyone can be proud of it. Bob treason, US 1, Sebastian, asked how garbage will be addressed, asked about the egress onto US 1, had a concern about the restroom right on river and recommended it be moved next to the Chamber parking lot. Damien Gilliams, 1623 Layport, said Joe Schulke has a great Dad, said there is a petition with signatures of 300 voters that say no to this, said Council doesn't have a copy of the traffic study, that Main Street and US 1 will stack up with boat trailers, the City is giving up Candy Cane park to Ruth Sullivan for parking for her business, FDOT won't allow access to the Chamber parking lot off US 1, the City will have to maintain landscaping, suggested putting the project to a referendum vote, that it is terrible and needs to stop tonight, said the Mayor took funds from Mr. Schulke in her election and has a conflict and the City needs an Attorney General opinion regarding her voting on this. He said the plan is a mess, usability is not improving, the Chamber needs to move next to City Hall, said the plan is pretty but not functional, there is no way they will allow septic, asked that he bring in an engineer, and asked for a vote for an extension of his time limit. There was no vote to extend. Mayor Coy began to respond to allegations made by Mr. Gilliams. Mr. Gilliams responded from the audience and Mayor Coy gave him a first warning. Mayor Coy said the signatures on the petition are not all registered voters as Mr. Gilliams stated, that Mrs. Sullivan has plenty of parking at her business and has no need for additional parking, that the parking will be for Chamber of Commerce use, and the City's lease with the Chamber provides for parking. She also said people tell her, "You are taking away Candy Park," but only Officer Poore uses the park, and as for campaign contributions, at one time Mr. Gilliams gave her a contribution, and she has had to listen to him for three years and has voted on his items and he didn't complain about conflict of interest then. ~J Community Redevelopment Agency September 19, 2007 Page Four James Spinelli, Caravan Terrace, Sebastian, read a letter objecting to this plan and instead replacing the ramp with a "welcome dock" into the record (see attached. Mayor Coy asked who the "we" is to whom he referred in his letter and he said it is the people who signed the petition, his wife, his son, his neighbors. Discussion followed about the concept of a "welcome dock" and past discussions about establishing a mooring field. Mr. Neglia said we cannot dredge in the ramp area to accommodate large boats docking there according to DEP. Mr. Wolff noted he had asked for information on mooring fields six months ago and had not received anything. Mr. Wolff congratulated Mr. Spinelli for the effort to obtain signatures. Ms. Simchick said she had asked staff to provide a chronological history of this issue (see attached), and cited April 25, 2006 minutes noting that people opposed moving the Main Street ramp, noted the petition is not dated, and read its title. She said even though there are 22,000 citizens, 300 are important to her and maybe Council has addressed some of their concerns tonight. Mr. Wolff asked her why she can she say that with finality and must be open to ideas. In response to Mr. Paternoster, the City Clerk, who provided the requested chronology, said there were several concepts presented at the cited April meeting and the idea to close the existing Main Street ramp and open additional ramps at the Yacht Club was opposed by most people in attendance, including Council, though no motion was made. Shawn Raba, 402 Easy Street, said this project is definitely needed; he would not have a problem with paying a fee, that this is a great idea and would be very valuable to the City of Sebastian. Mayor Coy called recess at 8:23 and reconvened the meeting at 8:36 p.m. All members were present. The City Manager gave a brief background on the project which began before his employment with the City, said he would like to get out of concept phase to design phase, said the primary goal was to alleviate a bad traffic flow, said he would like Council to say fine tune the project or scrap the project. He then asked Joe Schulke to come backup and respond to technical questions and concerns. Joe Schulke responded to the following public concerns: Mr. Pliska's concern for maneuvering area. Mr. Schulke described the entire area set out for staging and said there is a lot of maneuvering room and will be more functional than what is present. Ms. Sullivan's request for more benches. Mr. Schulke said more are planned just not depicted. ro 4 Community Redevelopment Agency September 19, 2007 Page Four Ms. Adams' concern for restroom. Mr. Schulke said it will hook up to septic and have a lift station as required. Mr. Walls' concern about view. Mr. Schulke said there is not much canopy planned in area and view will not be blocked The City Manager said the view is opened up more now than it has in the past by removal of the old chamber building and the Boudrot house. Mr. Schulke continued stating he had sent out letters about this meeting to adjacent property owners. Mr. treason's garbage concern. Mr. Schulke said will be addressed during design phase, right now there are cans and-maybe we can put in something near restrooms designed for that area. Mr. Gilliams' concerns about functionality of ramp and unavailability of traffic study. Mr. Schulke said he just received the traffic study yesterday and will provide copies to all Council members, and he thinks the plan will be an improvement to what is there now. Mr. Schulke asked Council to address the questions on page four and five of his handout. Mayor Coy said she will go through each member's comments and then address each of the questions. Ms. Simchick Question/concern: lighting Schulke response: standard acorn lighting and said Trish Adams had provided data on environmentally friendly lighting Question/concern: need for more lighting for early morning Schulke response: we will address on the plan Comments: wonderful project, impressed that Mr. Schulke sent out letters, petition requested improved plans, project is about a sense of place, was not about the boat ramp, you cannot get a permit for ramps near the twin docks, project is not about boat ramps, even name of project has changed, trust Chris Moira of IRC Traffic, pleased with restroom, Candy Cane Park concerns have been satisfied and there was no problem with using it, no historical value of that park, have to go with the majority, would like to see white flowering shrubs i5 Community Redevelopment Agency September 19, 2007 Page Six Mr. Wolff Question/concern: initially he was not in favor of project however Mr. Schulke has grown on him with help of his Dad, impressed with way he has done his homework, would have liked to see him awarded the engineering contract through competitive bid, but he is the engineer of record and has done a good job, he doesn't buy into that this will be a cultural heritage area, but willing to keep an open mind, said the City Manager point was poignant - it is what it is, better than what is there, but questioned is it $2 million dollars better, restroom was not in original plan as structure, asked cost of splash pad restroom Schulke response: splash pad restroom was $88,000 and lift station additional $35,000 to $45,000 Question/concern: people talk about blocking the view and found it difficult to understand why we are putting restroom which will block the view, maybe put restroom closer to Chamber building, asked to look at other decorative pavement surfaces because it would quickly fill up with cigarette butts and be a problem with toddlers, people with canes, concerned with rope fence and asked if it would it require maintenance Schulke response: staff proposed a bathroom, and if it is done, it should look nice but would look for Council direction, make plastic rope that would last, but birds may land on and peck DuMond response: it would be heavy duty nautical rope Question/concern: would fountain attract birds, stated not be put off by people who want only Florida natives because not every non-native is invasive Mayor Cov Mayor Coy apologized to Mr. Spinelli regarding her remarks about the petition and said that obtaining 350 names is a lot of work, that four years ago she started her political career with a petition and her arm chair brigade, but also knows it is a limited document and it would be helpful to have some of the people who signed it here to offer input. Question/concern: this project has been around for a long time and it gets better each time, complimented Mr. Schulke for trying to reach the public, and it is time to go or no go, boat owners won't try to squeeze into smaller lots, she said she is prepared to give her full support to this, said a wash down facility might move soaps into the river and could not support it. She asked if the County is going to help with the intersection. Schulke response: Chris Mora already has the base design for such an intersection and would do the modifications free of charge. He said it would be a $10,000 savings. <~z 6 Community Redevelopment Agency September 19, 2007 Page Seven Question/concern: if you can find another spot for the restroom she would look at it, but was not opposed to where it is now, Veterans may want to donate an interfaith monument for four chaplains who went down on a ship during WWII, was not opposed to having more public input but we need to move forward Mr. Nealia Question/concern: liked the design, can restrooms be put across the street near the Chamber, not in favor of parking near Chamber, there is not landscaping on east side of Chamber, it is shown on south side DuMond response: landscaping near Chamber only aesthetic rendering, not in following any plan Question/concern: noted Ft. Pierce has cinderblock restroom/his and hers, would fountain block the view, wouldn't it be hard to back out of the staging area, doesn't want a wash area near ramp, where will tree saplings be planted and will they grow large and have to be trimmed, will storm surge impact bathroom, garbage issue can be like Yacht Club - 4 or 5 pails, receptacle for fishing line, said no one is in Jordan Park because previous Council wanted to keep it open space, agreed with City Manager that this started before he came here and there have been many meetings, this is a good plan and he would like to go forward, asked about glare of lights onto Indian River Drive Schulke response: put restroom anywhere Council wants it, fountain would not block view, staging area is sufficient and won't be a problem, saplings near heritage area, will set finished restroom floor higher than storm elevation -set at 7.5 or 8 inches, can match existing acorn lights with lower wattage,, existing lights will be relocated, and he will take plans to P & Z and Natural Resources Board Mr. Paternoster Question/concern: asked about handicapped studies done with the imprinted pavers, ADA compliant Schulke response: the pavers can't have more than '/4 "rise and he will work with the accepted standards for ADA requirements Question/concern: the restroom seems small to me and there is a bench in the men's room with a hook behind it and I am afraid someone could be impaled, have you been in contact with Chamber, since this will enhance their future do you have any idea when the Chamber building might get started Schulke response: offered to call Beth Mitchell ~~ ; Community Redevelopment Agency September 19, 2007 Page Eight Questions/concern: are we doing anything to help with problems at the boat ramps as to height of docks to smaller boats, is there anyway we can address this City Manager offered to take a look at the height Questions/concern: have concern putting restroom across the street because then the street will need to be crossed which would be bad for children Schulke response: from practical standpoint it is best place for the bathroom Questions/concern: can we not build restroom ourselves for less money Schulke response: we can inquire Questions/concern: in reference to Mr. Pliska, when coming out on north end is the distance 12 feet wide in each lane Schulke response: have 30 foot total width within the curb Questions/concern: would radii required not cause problems with US1, would like to see traffic study, when boats start to stack do you anticipate any problems Schulke response: do not see a problem with the required radii, the boat stacking will be less than what is here now Questions/concern: what is the foliage in middle of street DuMond response: accent plantings that will follow FDOT requirements Mr. Wolff asked why the kayak launch removal was noted on page three. Mr. Schulke explained that Mr. Neglia said there are kayak facilities to the south and it was not needed. Mr. Wolff invited the kayaking community to give input on the design. Page four questions: 4A. Commence final design/permitting of attached plan? Wolff -yes Coy -yes Neglia -yes Paternoster -yes Simchick -yes `~ 8 Community Redevelopment Agency September 19, 2007 Page Nine 4B. Include Restroom Facility? Coy -yes, but would entertain another site Neglia -yes Paternoster -yes Simchick -yes, but in phasing and funding Wolff -yes, but not a $125,000 restroom 4C. Signalized Intersection -Incorporate mast arms or overhead wire? Neglia -overhead wire Paternoster -overhead wire Simchick -overhead wire Wolff -overhead wire Coy -overhead wire 4D. Boat Preparation -Include washdown? Paternoster - no Simchick - no Wolff - no Coy - no Neglia - no 4E. Hardee Tree -Save or alternate plan? Simchick -save, and may be by law obligated if it state registered The City Manager reported that he did talk to Ruth Stanbridge and they report the tree is locally designated but he advised if the tree is taken down it would be replaced to our required standards. Wolff -save, but have alternate plan because tree .isn't long for this world Coy -need to see facts by arborist, need to harvest the acorns - if arborist decides the tree is gone let's get rid of it, it is not attractive, no canopy, not serving its purpose Neglia -save with an alternate plan Paternoster -pending report like to save, but if comes back negative then alternate plan r/ ~~ 9 Community Redevelopment Agency September 19, 2007 Page Ten 4F. Heritage Area -Per plan, or revise? Wolff -like site maybe incorporate other ideas as progress Coy -yes Neglia -like where it is, yes Paternoster - go with plan, can always be tweaked Simchick -per plan 4G. Provide additional parking behind Chamber? Coy -,yes Neglia - no, do not like parking back there - should be a park Paternoster -how many spaces will we owe Chamber Schulke -the lease requires 12 spaces Paternoster -you asking about additional, the last drawing had four spaces Schulke -Based on input received, he didn't have a good feeling about parking then, has 14 spaces there now and does Council want to add more - he put those 14 based on 3-1 vote at previous meetings Paternoster - no, zero parking Simchick -parking as is Wolff -additional parking, a plus Mayor Coy asked for a clear consensus, how many people are for zero parking behind chamber? Neglia -yes Paternoster -yes Simchick - no Wolff - no Coy - no Mayor Coy then asked "Do you like the plan before us?" Paternoster - go along with 4 originally planned Simchick -yes Wolff -yes, more parking Coy -yes to plan Neglia -yes /6; 10 Community Redevelopment Agency September 19, 2007 Page Eleven Mr Schulke then asked about the restroom remain per plan or an alternative site be chosen. . Simchick -per plan Wolff - yes but would like to see alternate Coy -yes but would like to see alternate Neglia -see but would like to see alternate to north Paternoster -per plan MOTION by Ms. Simchick and SECOND by Mr. Neglia to extend the meeting but take a recess first, and it was the consensus of Council to do so. Mayor called recess at 10:23 p.m. and reconvened the meeting at 10:30 p.m. 6. NEW BUSINESS A. Resolution No. 07-02 - FY 2008 CRA Budget (Finance Director Transmittal, R-07-02) A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager provided a "cash alternative" revision prior to the meeting. (see graph and memo attached) He said Council reviewed this on August 22, 2007 and he emphasized that Council did not need a financial vehicle for the Main Street improvement tonight but a budget, that is not a bible. He explained his memo in detail.. Damien, Sebastian, said the budget is being rushed, recommended sacrificing things like the Christmas tree for $14,000, if you had lobbyist you could have the grant, said to put it to referendum and see what voters want, buy land, put wish list together for CRA district, need to plan ahead, money for Clambake give to churches in Sebastian, said the trolley rental for festival isn't needed, prior planning prevents terrible performance, budget process is mistake, said to Mayor Coy we need leadership and she needs to step down. Mr. Wolff asked for his benefit would the City Manager explain what the original budget would have been. The City Manager explained the original budget was $2.2 million and of that, $1.5 million was borrowed money.. The amended budget is $724,548, borrowed money would be taken out, along with canceled projects and put in $619,000 cash available, and grab more recreational impact fee money (if Council wanted to do that.) ~~ 11 Community Redevelopment Agency September 19, 2007 Page Twelve Mayor Coy said she was prepared to support the prior budget but support the plan B knowing the budget can be changed. She said she had no intention of stepping down. Mr. Neglia said he was concerned about bond ruling, it may go back to court and be reversed, if we had to use cash reserves other than by referendum, we would have to wait until January, how would it affect what we did here tonight with Schulke and by using impact fee, would that put other projects in jeopardy. The City Manager addressed that if we go referendum and it fails, you have no Main Street project. He said Council probably did not want to go to referendum because every cent spent up to now would be wasted and Council should not try another way against the referendum. The City Manager said recreation impact fees are accumulating and this project does more than redevelopment, it is a good place to look for needed funds. Mr. Neglia said he is willing to support the budget. Mr. Paternoster asked the City Manager how many recreational projects would be canceled. The City Manager said none, there were minor projects but most of it was going to be for the community center. Mr. Paternoster said there are 400 citizens concerned about the Main Street project and now to revise the budget without their input, he said he was not in favor of the budget revision. He asked the City Manager if he would recommend using cash. The City Manager said he would but originally wanted to do it with CRA cash but the given the size of the project, the City may run out of money, it is important to have the project fund set up, and it is better going to impact fees than bonding it. Ms. Simchick said she would prefer to go with the old budgets which are transferable. MOTION by Ms. Simchick and a SECOND by Mr. Neglia, to accept amended budget, as given most recently by the City Manager. Roll call result was as follows: Ayes: Neglia, Coy, Simchick, Wolff Nays: Paternoster Passed 4-1 7. Being no further business, the Community Redevelopment Agency meeting adjourned at 10:57 p.m. Approved at the Andrea 8. Coy, Mayor r , 1 Community Redevelopment Agency meeting. ATTEST: Sally A. Maio, MMC -City Clerk 12 JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. SCHULKE, BITTLE 8c STODDARD, L.L.C. C1VIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING What has been accomplished Tanuarv 3, 2008 Meetings o Sebastian Ciry Manager and Staff -several meetings, most recently on August 31, 2007 o Sebastian City Council Members -individual meeting with each Council member, 5/14/07 to 5/24/07 o Sebastian Property Owners' Association -with President on 6/2/07; with membership on 6/4/07 o Florida Department of Transportation -in Ft Lauderdale with Beth Coe on 5/17/07 o Indian River County Public Works -with Chris Mora on 5/22/07 o St. Johns River Water Management District -with Mark Crosby and l~aren Garrett-Kraus on 6/12/07; on- site meeting was held on July 9, 2007 to determine wetland limits. o Sebastian Inlet Sail & Power Squadron -with membership on August 27, 2007 - Primary Issues: ^ Eliminate Indian Kiver Drive on-street parking ^ Add parking (off-street) at northwest parcel ^ Parking/improvements at Jordan Park/Chamber of Commerce -no consensus ^ Boat trailer parking, circulation and staging area -ensure it is adequate ^ Ensure view/aesthetics are priority ^ Define Heritage Park area -use/improvements ^ Traffic impacts to US1/Main St -evaluate and ensure no impacts • Survey has been completed • Geotechnical testing/soil borings work is completed • Traffic Impact Analysis is completed • Prepared modified construction cost estimate for staff use in preparation of an application for a State Grant (FIND - Florida Inland Navigation District) • Prepared revised Conceptual Plan which considered issues identified in our meetings/discussions • Submitted Letter to adjacent property owners notifying them of the September 19, 2007 CRr1 Meeting (09/10/2007). • Traffic Impact Analysis is complete. The study has found that with minor changes to the road alignment, including: ^ Two Eastbound lanes on Main St. ^ Change lane designation at both approaches at US1 on Main St. from Left/thin and Right, to a Left and Right/thru. ^ Timing at intersection The intersection, with all proposed improvements, will operate safely, better then it presently operates, and will accommodate future 2012 traffic volumes. • Drainage, Paving, Grading Plans Completed. • Submitted to SJR~~NID on 11/14/2007 • ACOE "No Permit Required" Received 11/26/07 • Received Submerged Lands Lease transferring Boudrot property to the City of Sebastian • Resubmitted to SJRWMD on 12/20/2007 Currentl workin on: ^ Utility plans - 90% complete. Anticipate submitting for Utility and FDEP permit in mid-January ^ F.D.O.T. driveway and signalization plan - 70% complete. Anticipate submittal end of January lF 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIL info@sbsengineers.COm T~V yN~ O ~V\] ~I ? ~i ~ ~ ~( ~ ~ ~"~ ~ •? *~ q ~f 4~ ~ ~ ~ ',~ ~ ~~. ~ ~. ~, .~ • ,,,,a '~ ~ 1 ,, ~. ~.J ,;-- ~~~ _ .~ ~ ~: ~~ -__ _ _ H. .... _ J _ J ~ J ryr ~ ~~ A ~ ~~ ~ R - ~ e~ LL ~ k Q Q ~~~ 4 _ _ _._ ~ ., ,:.c~ O ___._.-___ H ' ~~ ~p _. , ~~ k ~ 3 LLl~~~j:~ Y~%- ~~ zrR~g V ~I?, oN _ ~. ~ ~ V/ ~ W O y ~~ ~..~ ~ ~ \ ~ CONCEPTUAL RESTROOM FACILITY LOCATION PLAN ~:~::~•::•r:\• ~ \ ~ ALTERNATE A ~~~::: ~ ~ ~:,•:~:r::~:~•:::~•~ \\~ ~ ~, ~ ADD KAYAK/CANOE ~ ~ . ~ ~ ~ ~~~ IAl1NCH / •\ ~ .• ~~~~ \ „~ ~~-r \ ~ , ,,.,~ i ©,6• ' ~ ~~~~~\ ~. PAhIWG ~ `~ J~~~`A J °°~ ~ ~ e ~. ~0 ~` ~~. "' °~,. . ~ ~ ~ - ~~ GRAPHIC SCAB` ` \ 1 inch =•~~'~b ft. .~... ! ~'-- J ._78~ ..~ DRNE PARKI ~ ~~ 8 ~ 15 ~~~~\ ~ ~' ~ RESERVED ~ N ~N ,~ SPACE ~ ~~ B `13' ~~ 13 ~ ~ ~,SNN1 BOAT _- .D. <tT BCV1T ~~ ~ __ , \~; l - :: BOAT TRNLER PARKING \ ROPE RNL/FENCE i A1ER wEEi ~' +\' air ~ -. :.~ \~~,\ ~' Q : N ~a~ a~° ~.. ; . ;. 1=; .... 415% ,.......,~~ ~~Nt`~ ~- •. ~.~ ,. .- _ ..., t 1 ... 5 ,.__ --° ~ ~ ~~ '''" _~ ~ \ ~ ~o ~~ 'F' CU `'~ ~ ~ ~ ~~\~ ~ 6 } ,,,,°" `.` ~. '.:PROPOSED w/ O~J~\~ ~ „~,.- ~ ~ ~ ~ ~ ~ .: ~~ EXISTING COVERED in A` _.. .: ~ °,, ~ ~~~. A` ..CAPiA1N ROBERT y-~„T" K; TABEES _ ~ TREE PLANTED 1891 ~``~ PICN r _~ ~ FOIINfN- A$-FOCAL POINT • •, - -OR .. ~ 6 -. .' \ ' P ESIRUN PATH j •.: ~.. ~ \ ~ A \ _ `~ ~ ~ \ ~_ ~.: ., . .~\ ry '...,.. .... ,. ~.9N~ti EuNaCAPPED `~ \ PARKING SPACE ', , - ~ ~ ~ LAND Planning SCHULKE, BITTLE & STODDARD, L.L DESIGN Landscape Architectur cmL ~ SIRUCIUR4L ENpNEER/NG • LAND PLANN/NG • ENVIRDNMfMAL PER ' Environmental Services CERTIFICATION OF AUTHORIZATION NO.: 00008668 SOUTH Transportation 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 3296 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineers.c ~% ~.::~ ~ ~ ~ ~ ~ CONCEPTUAL RESTROOM FACILITY LOCATION PLAN ~. ~...~...~~~::~:\ / ~ -,~ ~ ALTERNATE B =~~ ='~ ~~ :;:~ \•\\ ~~~, ~ ADD KAYAK/CANOE ,.~ ~ ',~''',~~\~7-'", LAUNCH .• ... ~~~ a~ rur \ ~~ ~ ~ ~~ ,,.a. / \r~~~ 16' ~. PAR14WG' ~ V ~ Jr `2Q SP ~, 30 60 1 J` / O J` .. ~ \ GRAPHIC SC ` •CONCREIE Pl~l(AIG SPACE ~ ~ ` J\``J~J`` ''\ w ARK1~' Dj~ PSPACE ~ • ~ . 8~ I RESERVED FOR W SPACE , g ',13' . 13 ' ~ ~ SYNL BOAT TRN ."'r ~_ O <1T BO4T _. ~~ ~ ~ . \\ . I _ BQAT TRAKFR PARIONG ; " ~ ~ ROPE RNL/FENCE •- ~, = t TER wEll ~ ; ~ -+' / 4~ ~ Nis `, ~ °_ \ . .,. .. ~/ \ ~ ~: n ;, ., ~ , ~ ~~ ~, `3 . - \u~0~u ...`" _.~ •:- CfIY HERITAGE"„ ...., ... , ' - YEY0RIAL , ' ;~ i r: - .. , ,: ~ ~ \ ~w ~{ RED F' . • , ` __ 615 4 . Y \ \ ~`~`\\~~p\,~,~~0~\ ` '`.~ ~~ g. "` r+` ~~ a N ~ - - ," ~ ~ , : ~ ~ PRESERVE caaraH RoeERT ~ ~ Exlsnnc covD~m C. HARDEE TREE PLANTED 1891 ``-'='r- PICNIC TPHLES \ ~ \ -OR FOUNTNN A$`fOCAI POINT ~~ •. ~ _ \ ' P ESTRWN PATH ~:'. ~: \ .,yy ~ti B _ ti• ~';,~\ ~ \ RF P SPACE ~ ~ B°'RD ~ ~ \ LAND Planning ScHULKE, BITTLE & STODDARD, L.L. DESIGN Landscape Architectur CML Jc s7RUC1UR4L ENGINEERING LAND PLANNING • ENVIRDNAIENrAL PERM N Environmental Services CERTIFICATION OF AUTHORIZATION No.: 00008668 SOUTH Transportation 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 329 TEL 772 / 770-9622 FAX 772 ! 770-9496 EMAIL info@sbsengineers. o z~ ~.~ ~ ~ ~ CONCEPTUAL RESTROOM FACILITY LOCATION PLAN .r;;:•:•:::;•::~.__~• / ~\~ ~ ALTERNATE C .~::•.~:•:~ \ ~~ ~ ~. ~ ADD KAYAK/CANOE / ~ :,: ~ ~ ~~~ LAUNCH / ~ ~~~ r ' \ «„ ~ \ ~,,,~ "% ~ J ~ - ,~4 PAWfgIG1 / `~ ~\~~M ~~~~ ,_ ~ 30 80 1 J~ • ~ ~ r ~ ~~. ~ V~ ..~ 9 °'--~ ' \ GRAPHIC SC,~ ~~ ' ,~ . \ 1 inch ~~'~ ft. - P sPAt~ _~. r ~ ~ ~ ,...~ ~ ~~a 9 ° -,Q '~. ~ ~ w~ ~~~ ` 18' _ URNE PARKi ~ , ' B 15 S~N~~` \ ;: ARKING ~~ ~~ ~ ~ ~ RESERVED TOR W •. ~ arr SPACE `• ~';~ ._. _ .. ' 8 '13~ ~` 13' fl _-- SLIALL BOAT TRN ~~ ~ .D.. <17 BOAT - ~. > . •. ~~ • I f _ -. :~ BOAT TRNLER PARKING ~ ROPE RNL/FENCE Y I \ / \ - 13 ~ o ~ ~ ~ 1 E)~TI-~G ATER WELL ~ +\' a~ \ \ ~ m @`~\ ~t ~ ~ ~,a~ •:~ 58.6• A,~ ~\~~\ \`~ _. .~ '.- ~a _ .. -CIIY E1F18TAGE" r ,, ... b~' , . ~~~y~} ~- .' . ^C.1111IIfYl ~ 4~ REEY .E. S 615' ~5' ~\ ~\~\~~~,50 ~,. ~~ ~ ~ _ ~, ~ `4 ~ p _~. -;::~•;,~ EXISRNC COVERED CAPTAIN ROBERT ? ti .~'"~~ i ~~~ ~ ,~;_,:.;1'"` PICNIC TABEES '~ - '~ ~ C. OAK TNfE PLANTED 1891 s~, 1~ /~ FOUNTNN A$"FOCAL POINT t ~i 6 ~ ~ ~ ~ P ESTRV~N PATH ~ ~. • } ~ \ :::::.ry :~ _: ~~ ` •.. ~:; \\ ` T8: Eaoac PARKING SPACE' .~~ ~ ~~ ~ ~ i\ ~ - ~:~ ~.. LAND Planning SCHULKE, BITTLE & STODDARD, L.L.C. DESIGN Landscape Architectur CINL dF S1RLlCIU24L ErvaNEERING • LAND PLANN/NG • ENVIRONMENTAL PERM NG Environmental Services CERTIFICATION OF AUTHORIZATION NO.: 00008668 SOUTH Transportation 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 329 , TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsengineers. om z~ ~ ~ ~ ~ CONCEPTUAL RESTROOM FACILITY LOCATION PLAN ~`~~ ~~~ ~~~~==:~':~~ ~ ~ ~ ALTERNATE D ::::~ / \ >i ::: ~ ~ ,~ ~ ~, ADD KAYAK/CANCSE ::•:.:~y..~ / ~ : ~ ~ ~ ~~~ LAt1NCN / / .. ~~`~ ~`1` i ; } \ a~r xar \ ~- -~ ~ ,~ ~, PARKING ~ ~,' \ ~~~~\N ~,~ p, 30 60 1 v °<.. 2 O ~~ -_ / CONCRETE GRAPHIC SC,~H~ 1 inch =~r~'6`~ ft. I ~` SPACE e \ '°°r'ar'( 'ar' v\`~a ,~ ```\~\~~,,v PARKI , ::,~ I SPACE MSLE SPACE , B '13' 1; 13 i ~,6~ - - _. T0~ ' .RN p~R00Y. `. D <1T BOAT ~\ ' FAGlIY \` . - BOAT TRNLER PARKING ~ ROPE RNL/FENCE :. ~ .. i O'~ \ • ~ ~ ~b E 13 ,. P C :.. ~... • W/ , TER WELL ` .. ...~~.._: ; \ ®,:• `; 566: 4 "~ ~ ~~@. ., ._.. ~~ ... ,.:. ~, -. ;. • ~~ uEUDTaAl ~ ~ \ ._. tt ~ r'~.,, ..-.,- ~ ~ ,. -~ _ ~ i ~ ,~~~ ,, .- ~~~ 61.5' ~\ ~~p~~`J~~"~ ~ o~~~. ~ ~~ ~- ~- ~ ,; ,~ ExlsnNC covTlzm .n w _.,/ -PRESERVE ORK: CAPTNN ROBERT ~ > PICNIC TN3LES C..HARDEE :TREE PLANTED 1891 -OR FOUNTNN A$ FOCAL POINT f ~ ~ ~ P ESTRIAN PATH ~'y`' ::... ~ ~~ ~:~:fi _- ~~~:~ ~ ~ ~ ~ , ~ ~' ~ .k \::. PARIO SPACE ~ ~` ~, ~'E ~ \~ `~ \ ® 1t EM13 5',15 S~ ~j ~ ~ ~' ~ '~ • LAND Planning SCHULKE, BITTLE & STODDARD, L.L.C. DESIGN Landscape Architectur CML ~ srnuCTU/L4L ENGINEERING • LAND PL4NNING ~ ENVIRONAIENTA[ P ImNG . Environmental Services CERTIFICATION OF AUTHORIZATION NO.: 00008668 L SOUTH Transportation 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32 60 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL info@sbsenginee .com 3~ ? ?. a i_~ _ r ~~ ~ ~, 2 f Sd ~ ~_ J C s ~' ~ N ~ ~'~~ ~ G 'sl ~ ~~_ ,~ ~~ _ ` d C C 'C3 ~ ., s:~• L o c off. b~~ ~~ ,~ o~ h m e Q3 , m 3 ,..w ~:; .-. o c m c as o. Via: ~., ~•~ ~~~ ~~~ ~~~~ Gl"t ~:a ~ ~ mo ~•mo ~ ,., -v ~ ~ O ~ 'O ~ C) -~ O Qi~' ~., ,~.,, .w a ~=+ 1 a f~ Cam,. ~'~ a~ o°~x ~' ~ opus 4 L "- a ~ '` ~ ~ -- u, n. cn~o 0~3=. t ~' ~ ~ ~, ~ co vca3G ~a3~ '~.~.~~ >N ~~ lY :~ qCj U •p ~ G O ~' t6~ '~Z C,@ ~ C "~-CJ~~ .Y 7. .C U ~ ~' O .G cr3 lti ~ ~" ti]. N O 113 ~f .~ 0. t0 ~ =' . ', S~~G Q O 'C3 }~ ,, fi ~ ~ ~ ~ ~:m ~ ~ 0. ~ ~ ~ ~$ ~~ Q ~~~~ ~; o ~' ~ o cn a. Q d '"` c ~ ,~.~ o ~ is C1 C ~~ ~~~ ~ ~ ~ .~ ~ ~ ~ ~ ~ cu Z ~Q ~ O cn ~ •~, ~ ~ :~ .~; ~ ~ C'~ ~ w ~ '~~ 3 :p ` `N . ~ r r-~ N • r-I ~ p ~ ~ a ~ v ~ ~ ~ ~~ ~ `~ o ~ a ~ o ~ , ~z ~' ~ ~- ~G~a~ ~ . • ~ ~ ,-. p ~ ~~~~ ~ ~~ ~~d~ ~3 sup o ~ ~ ,~ - ~•€~ ~. ~~~a~ ~~:~~ ~,~:ro,E , ~ ~ ,. ~ ~ ~ ,~ ~ ~ ~ . Q.a~ ~.~ +J3 'C3 L a C~ L' ~ •~ ~ . f- ~.~ ~~~ ~s:~.~ O ~~ xs ~ C a) ~ ~~ _ ~~~ a~ c ~ ;~ a .;o c~ ~ . ~ ~. d~ ~~: LLi'v~~ ~~ ~ ~ ~ •\ ~~ I _a ~~ Kirby B. Green III, Executive Director • David Ul. Fisk, Assistant Executive Director • Mike Slayton, Deputy Executive Director JotJrr Jui!ianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S.E. ~ Palm Bay. FL 32909 ~ (321) 984-4940 On the Internet at www.sjrwmd.com. December 18, 2007 City of Sebastian C/o Mr. AI Minner 1225 Main Street Sebastian, FL 32958 Re: Letter of Consent Boudrot Dock. Conversion to the City of Sebastian Public Pier Application number 18-061-40429-3 (Please reference this number on all correspondence.) Dear Mr. Minner: Thank you for notifying the St: Johns River Water Management District of your intent to change the use of the Boudrot single-family dock to a public observation/fishing pier in the Indian River Lagoon, along your shoreline at 1302 Indian River Drive, Section 6, Township 31 South, Range 38 East, in Sebastian. The existing single-family dock totals 1030 square feet, 10-feet of which is located landward of the mean high water line. To accommodate the proposed change in use from asingle-family dock to a public observation/ fishing pier, "No Mooring" signs will be installed every 60-feet along the length of the pier. In addition, a monofilament box will be installed at the pier's entrance. Staff has reviewed the information you provided and determined that the project qualifies for consent to use state-owned submerged lands. The District has based this determination upon the following: a) Sovereign submerged lands authorization was issued by the Department of Natural Resources on July 18, 1990 for the Boudrot single-family dock. b) The observation/fishing pier is open to the public. And; c) The 1,020 square foot observation/fishing pier does not cumulatively preempt more than 10 square feet of sovereignty submerged land for each linear foot of the applicant's shoreline. These construction details are consistent with the provisions of Sections 18- 20.004(5)(a) 4,5, 18-20.004(5)(b), 18-21(1)(c)2., F.A.C.10314. GOdERNING BOARD DBVId G. Graham, CHAIn^MAN Su$an N. HUghes, \qCE CHAIfiMAN Ann T. Moore, SECRETARY W. Leonard WOOd,TREASUREH JACKSONVILLE POrJTE VEDRA BUIJNELL FERNANDINA BEACH Michael Ertel Hersey "Herky' Huffman Arlen N. Jumper William W. Kerr Duane L. Ottenstroer OYIEDO ENTERPRISE FORT McCOY MELBOURNE BEACH JACKSONVILLE ~3 ~v Providing your facility is consistent with the above, please consider this the authority sought under Section 253.77, Florida Statutes, and Chapter 18-21, Florida Administrative Code, to pursue this project. Prior to commencement of construction and/or activities authorized herein, you must obtain the U.S. Army Corps of Engineers (ACOE) permit if required by the ACOE. Any modification to the construction and/or activities authorized herein that'may be required by the ACOE shall require reconsideration by and the prior written approval of the St. Johns River Water Management prior to commencement of construction andlor any activities on sovereignty, submerged lands. This letter of consent in no way waives the authority and/or jurisdiction of any government entity, nor does it disclaim any title interest the state may have in the project site. Please check with your local government for specific requirements. Where local governments have standards, the more stringent standards shall apply. This letter does not constitute authority to proceed with your project under Chapter 373, F.S. Please retain this letter, as it constitutes consent to use sovereign submerged lands by. the St. Johns River Water Management District. Please be aware that you are bound to the conditions set forth in the attached "General Consent Conditions". Your pier may be inspected by authorized state personnel in the future to insure compliance with appropriate statutes and administrative codes. If your pier is not in compliance, you may be subject to penalties under Chapter 18-14, F.A.C. If you have questions, please contact me at 321-984-4940. Sincerely, d~~-- John Juilianna, Director Palm Bay Service Center Enclosures: General Consent Conditions Notice of Rights cc: PDS-SSL Jaime Zsiros Joseph W. Schulke, P.E - Schulke, Bittle, & Stoddard, LLC 1717 Indian River Blvd., Suite 201 Vero Beach, FL 32960 ~~, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT SUBMERGED LANDS 8~ ENVIRONMENTAL RESOURCES PROGRAM GENERAL CONSENT CONDITIONS Project No. 18-061-40429-3 No activities other than those set forth in the attached letter dated December 17, 2007, are authorized. Any additional activities on state-owned sovereignty submerged lands must receive further consent from the Governor and Cabinet, sitting as the Board of Trustees of the Internal Irnprovement Trust Fund (hereinafter the "Board") or their properly designated agent. 2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof. 3. Grantee agrees to use or occupy the subject premises for those purposes specified herein, and Grantee shall not perrnit the premises or any part thereof to be used or occupied for any other purpose or knowingly permit or suffer any nuisances or illegal operations of-any kind on the premises. 4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare. The premises are subject to inspection by the Board or its designated agent at any reasonable time. 5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands arising out of this consent. 6. No failure, or successive failures, on the part of the Board to enforce any provision, waiver or successive waivers.on the part of the Board of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Board to enforce the same in the event of subsequent breach. 7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the event Grantee fails or refuses to comply with the provisions and conditions of this consent, the consent of use may be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have thirty (30) days in which to correct the violation. Failure to correct the violations within this period shall result in the automatic revocation of this Letter of Consent. C~- 8. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and conditions of this consent shall be paid by the Grantee. Grantee agrees to accept service by certified mail of any notice required by Chapter 18-14, Florida Administrative Code, at the address shown on the attached Consent of Use letter and further agrees to notify the Board in writing of any change of address at least 10 days before the change becomes effective. 9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereignty submerged land or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be lawfully assessed and levied against the property during the effective period of this consent. 10. Grantee agrees that any dispute arising from matters relating to this consent shall be governed by the laws of Florida. 11. The Letter of Consent associated with these General consent conditions as well as these conditions themselves are. subject to modification after 5 years in order to reflect any applicable changes in statutes, rule or policies of the Board or its designated agent. 12. In the event that any part of the structure(s) consented to herein is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference. or encroachment within 60 days from the date of the adjudication. Failure to comply shall constitute a material breach of this consent and shall be grounds for its immediate termination. ~9 ~~ NO"fICE OF RIGHTS A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District), or may choose to pursue mediation as an alternative remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections 120.569 and 120.57, Florida Statutes, and Rules 28- 106.111 and 28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at District Headquarters, P. O. Box 1429 Palatka, Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice). A petition must comply with Chapter 28-106, Florida Administrative Code. 2. If the Governing Board takes action which substantially differs from the notice of District decision, a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above. Pursuant to District Rule 40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at the address described above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within fourteen (14) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice). Such a petition must comply with Rule Chapter 28-106, Florida Administrative Code. 3. A substantially interested person has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes., where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code. 4. A substantially interested person has the right to an informal hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District Headquarters in Palatka, Florida. 6. Failure to file a petition for an administrative hearing, within the requisite time frame shall constitute a waiver of the right to an administrative hearing (Section 28-106.111, Florida Administrative Code). 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative Code, and Section 40C- 1.1007, Florida Administrative Code. 8. An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property, has the right to, within 30 days of receipt of notice of the District's written decision regarding a permit application, apply for a special master proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the office of the District Clerk located at District headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177). A request for relief must contain the information listed in Subsection 70.51(6), Florida Statutes. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph no. 1 or 2 above (Paragraph 70.51(10)(b), Florida Statutes). ~l , zf Z , However, the filing of a request for an administrative hearing under paragraph no. 1 or 2 above waives the right to a special master proceeding (Subsection 70.51(10)(b), Florida Statutes). 10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding (Subsection 70.51(3), Florida Statutes). 11. Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of rendering of the final District action, (Section 373.617, Florida Statutes). 12. Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action. 13. A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission, by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 14. For appeals to the District Courts of Appeal, a District action is considered reridered after it is signed on behalf of the District, and is filed by the District Clerk: 15. Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs #11 and #12, or for Commission review as described in paragraph #13, will result in "waiver of that right to review. CERTIFICATE OF SERVICE I hereby certify that copy of the foregoing notice of rights has been sent by U.S. Mail to: City of Sebastian C/o Mr. AI Minner 1225 Main Street Sebastian, FL 32958 at 4:00 p.m. this December 18, 2007 ~--- ~Jfor Permit Data Services Gloria Jean Lewis, Director, St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (904) 329-4500 Permit # 18-061-40429-3 43~ ~v' r '~ Bio-Tech Consulting Inc. ~ Environmental and Permitting Services January 3, 2008 Mr. Al Minner, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 infoCbio-techconsulting.com www.bio-techconsulting.com Proj: Indian River Drive/Main Street Improvements Project Site -Indian River County, Florida Section 6; Township 315; Range 39E BTC File # 130.51.03 Re: Hardee Live Oak Dear Mr. Minner: This letter has been drafted to address the current health of the Hardee Live Oak and the future health of the tree once the construction activities have been completed. Concerns have been raised regarding the ability of the Hardee Live Oak to survive the stress from the construction activities and changes to the land surrounding the tree once the project has been completed. On November 5, 2007, Ms Rebecca Grohall and I met at the project site with Mr. Dale Armstrong, Senior Forester of the Division of Forestry to obtain his professional opinion of the current health of the tree and his estimation of the tree's future health once the proposed improvements have been completed. During our meeting we provided Mr. Armstrong with a site plan of the proposed project in relation to the construction activities and development around the tree. During our meeting, Mr. Armstrong gave a brief review of the tree's existing structural status and general health. He estimated that the majority of the tree roots were under the existing dirt parking lot and Main Street and that the tree was still recovering from past hurricane events as evident of the epicormic branching (small sprouts) along the major branches. He also noted that extensive decay was found throughout the trunk and that approximately one-third of the bark was no longer attached to the trunk (southwest side). He noted that additional stress would only set the tree back in recovery. In regards to the construction activities, the Main Street asphalt removal and grading activities would severely impact the root system and further damage the trees recovery. As the sidewalk and road re-alignment are proposed to flank the tree, much of the tree's - water needs will also be impacted. / ` Main Office Yero Beach Office 315 N. Ferncreek Ave 1711 Indian River Blvd, Ste 302 Orlantlo FE 32803 Yero Beach FL 32960 401.894.5969 172.563.0344 401.894.5910 far 712.563.0345 far ~~ Pens ffice 1312 E. Cervantes St Pensacola FL 32501 850.469.1100 850.469.1104 far yb Al Minner, City of Sebastian Indian River Drive/Main Street Improvements Project (BTC File # 130-51.03) Page 2 of 2 In conclusion, based on the construction plans and Mr. Armstrong's review of the tree, we believe that it is necessary to remove the tree now from the site plan. This conclusion is consistent with Mr. Armstrong's final assessment. Though it is possible to do the improvements and keep the tree, it will not be possible to keep a healthy tree that is structurally sound. It should be noted that SBS Engineering and Bio-Tech Consulting have harvested acorns from the Hardee tree and are attempting to grow saplings. These saplings could be eventually planted on- site. A copy of Mr. Armstrong's email correspondence to Ms. Grohall regarding the site inspection is included with this letter. If you have any questions, concerns, or require any additional information, please contact our office at (772) 563-0344. Thank you. Regards, G~~G~u~ Stephanie Salvilla Project Manager cc: Joseph Schulke, P.E., Schulke, Bittle & Stoddard, LLC Bio-Tech Consulting in l ~ ~ Envir<nzxnenial and I?crxnittin~ Service v~ Page 1 of 1 Stephanie From: Rebecca Grohall [RGrohall@CityOfSebastian.org] Sent: Monday, November 05, 2007 10:28 AM To: Stephanie Subject: FW: Hardee Live Oak Hi Steph - Thanks for helping to coordinate this. Rebecca From: Armstrong, Dale [mailto:armstrd@doacs.state.fl.us] Sent: Monday, November 05, 2007 10:15 AM To: Rebecca Grohall Subject: Hardee Live Oak Rebecca, It was great meeting with you this morning. Wasn't the weather perfect?! With regards to the Hardee live oak, unfortunately I recommend it's removal based on the following observations and proposed activities: 1. The proposed construction activities will severely impact the tree's root system through pavement removal, grade changes, and equipment activity within the critical root zone (the tree's drip line). 2. There is a chance that the tree could survive the aforementioned impacts, however the structural integrity of the tree would be severely compromised. In other words, the tree you'd end up with would have major structural problems. 3. The tree is still recovering from hurricane damage as evidenced by epicormic branching (sprouting) along major branches. Additional stress to this tree will further set back its recovery. 4. There exists extensive decay throughout the trunk. This is evidenced by decay within major branch scars and loose bark around one-third of the trunk's circumference. If you have any additional questions, please let me know. Talk to you later and take care! Dale P.S. Would you forward this to Stephanie. I can't find her a-mail address anywhere. Dale Armstrong, Senior Forester 1025 Edwards Road Fort Pierce, FL 34950 Office: 772-467-3004 Cell: 863-634-7357 Serving Glades, Highlands, Indian River, Martin, Okeechobee, 81 St. Lucie Counties 1/3/2008 / C~j i ~%