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Home My WebLink About06252008anoF ~,~11~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 25, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED /N THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA 08.071 08.077 08.078 08.023 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 PATERNOSTER 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER PATERNOSTER We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions n;quin; unanimous vote of City Council members 7. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awarcls, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Nigel Hargreaves Sebastian Inlet Power Squadron -Announcement of Funding Award for Free Boating Courses 8. ITEMS CARRIED FORWARD FROM JUNE 11.2008 REGULAR COUNCIL MEETING A. Lot Clearing Ordinance History (backup to be under separate cover) B. Discuss St. Johns River Water Management District Watering Guidelines - (GMD Report Previously Distributed) C. Airport Workshop Update (no backup) 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. 1-4 5-18 08.047 19-25 A. Approval of Minutes - 6/11/08 CIP Workshop B. Approval of Minutes - 6/11/08 Regular Meeting 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. A. Planning & Zoning Commission (City Clerk Transmittal, Application, List, Ad) Interview, Unless Waived and Submit Nominations for One Vacant Alternate Member Position -Term to Expire January 1, 2011 11. PUBLIC HEARINGS Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Procedures for public hearings: (R-08-09) • Mayor shall announce the opening of the public hearing. • City Attorney reads Ordinance or Resolution • Chairperson, if appropriate, shall announce the rules that apply to the hearing. • City staff presentation • Applicant presentation • Public input. • City staff summation • Mayor closes hearing • Council action 08.065 27-30 A. Second Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning Commissioners to Have One Year of Residency (City Clerk Transmittal, 0-08-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2- 170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. (Pries Journal 6/11/08) 08.030 31-38 12. UNFINISHED BUSINESS A. Resolution No. R-08-08 -Extend ISBA Stand Down Agreement to October 31, 2008 (City Attorney Transmittal, R-08-08) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT EXTENDING THE RELATIONSHIP ESTABLISHED BY THAT CERTAIN AGREEMENT ADOPTED BY RESOLUTION R-07-22 ON MAY 23, 2007 TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT ("ISBA"), WITH A NEW EXPIRATION DATE OF OCTOBER 31, 2008, PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 2 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or tem-inated by a majority vote of Council members present. 14. NEW BUSINESS 08.072 A. Appoint Voting Delegate for FLC Conference and Propose Any Resolution(s) 39-44 (City Clerk Transmittal, FLC Information) 08.079 B. Resolution R-08-07 -Grant Application for Main Street/Indian River Drive Project 45-97 (City Manager Transmittal, R-08-07, Application, Guidelines) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN FLORIDA AUTHORIZING THE CITY MANAGER AND OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mr. Paternoster B. Ms. Simchick C. Mr. Wolff D. Mayor Coy E. Mr. Neglia 19. ADJOURN (All meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE 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 /N ADVANCE OF THIS MEETING. Upcoming meetings: July 9, 2008 -6:30 pm -Regular City Council Meeting July 23, 2008 - 6:30 pm -Regular City Council Meeting August 13, 2008 - 6:30 pm -Regular City Council Meeting August 20, 2008 - 6 pm - Council Budget Workshop August 27, 2008 - 6:30 pm -Regular City Council Meeting September 8, 2008 - 6 pm -Special Council Meeting for Public Hearing on Budget September 17, 2008 - 6 pm -Special Council Meeting for Final Public Hearing on Budget ~~ cmoF ~p~l-~ ~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL CAPITAL IMPROVEMENTS PROGRAM WORKSHOP MINUTES WEDNESDAY, JUNE 11, 2008 - 5:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2 3 4. The Mayor called the meeting to order at 5:30 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Rob Messersmith Finance Director, Ken Killgore Police Lieutenant, Michelle Morris Police Lieutenant, Bob Lockhart CAPITAL IMPROVEMENTS PROGRAM A. CITY MANAGER PRESENTATION. ~RPp'f The City Manager thanked the Finance Director and his staff for bringing the City this far and said the projects for the evening included input from Council, committee members, and staff. He presented a PowerPoint presentation (attached) and requested feedback for direction. 1 1.J Capital Improvement Program Workshop June 11, 2008 Page Two ~RppS He said a new DST funded project will be drainage improvements at Potomac Avenue. He recommended not increasing the stormwater assessment fee unless there was a major capital project to justify the increase. He reported the recreation impact fees came in well for the last five years and suggested a complete revamp of Schumann Park and maybe a pocket park at the Airport. He noted the main project slated for the community redevelopment monies is the Indian River Drive/Main Street improvements projected to go to P & Z on June 19~' and final approval by Council on July 9~' and he reported another grant was applied for from the U.S. Fish and Wildlife Service (USFWS). He said the Airport is starting to be cash poor and we should find new projects to bring in revenues. He listed the past year's accomplishments as the quarter round installation, the Twin Ditch improvement, Stonecrop Crossing, Easy Street improvement to be completed in August, Sebastian Boulevard beautification engineering and design, the new pedestrian bridges to be done by Fall, the Periwinkle retention pond and the sidewalks. '9~ . Ptai~ic Input ~, $~,. Ronnie Hewett President, Indian River County Boys and Girls Club, requested an outdoor, covered basketball court to be included in the City's Capital Improvement Plan. He said he has spoken to City staff about this who request a the roof to keep with the complex's ambience. Discussion followed on how many children the Sebastian Club serves, how the covered court would be used and the Club's capital project priorities. Mr. Hewett said the Club was hoping the City would cover 1/3 of the cost. Don Wright, N. Fischer Circle, Chair, Parks and Recreation Advisory Committee, stated that when the Barber Street Sports Complex reaches capacity, Council should think long term because land acquisitions or adjustments might be needed to build new facilities. He said Schumann Park should be a priority and it should be a full basketball court, and a new community center will soon be needed. He invited volunteers to join the committee to make recommendations to Council. O 2 pFT Capital Improvement Program Workshop pR June 11, 2008 Page Three B. COUNCIL DISCUSSION Mr. Neglia asked if rolling ahead with the millage rate would save some monies to use. The City Manager explained tonight's discussion is for special, earmarked revenues, and whether you stick with current millage, rolled-back millage, or adjusted millage, he reported the City will be scrambling to maintain the same level of services. Mr. Neglia continued with questions regarding repairing the sidewalks, the Riverview Park restroom lift station, and the Periwinkle pond. Mr. Neglia asked how much our portion of the Schumann-Barber intersection would be and the City Manager said $1.5 million which the county hasn't committed to yet. Ms. Simchick reminded that Representative Poppell did bring an option that if we pay upfront, we will receive a grant advancement and Council needs to let Mr. Minner know if that is desired. The City Manager confirmed there is a chance to get those monies back, but cautioned that we need county support so we don't commit above our heads. Discussion followed on revamping Schumann Park only for basketball. Mr. Neglia said there should be a full basketball court at Schumann. Mayor Coy recommended the Chair of the Parks and Recreation Advisory Committee come back with some recommendations. The City Manager offered to redirect the existing $80,000 to landscape, signage, basketball court, additional tennis courts and restroom improvements and not bring back the handball court. Council agreed. Mr. Paternoster pointed out that we should have a more pristine entranceway to the Airport if we are hoping for economic development. The City Manager said he thought the drive was broken into segments and offered to look into if for him. Mr. Patemoster asked if parking was considered in front of the Police station. The City Manager reported on two plans that were found not to be advantageous and said he would go back to the drawing board. Mr. Paternoster asked what kind of restrictions the new USFWS grant will place on the Main Street project because the first grant restricts the park use for 25 years. The City Manager said he would provide a copy of the grant application to Council. Ms. Simchick said she would like to fund the Schumann Park project, she would like to see a sports complex at the City Hall complex, and though a 30 Capital Improvement Program Workshop June 11, 2008 Page Four park at the Airport was presented, it should be a recommendation of Council and should be backed our for now and perhaps considered when all projects are considered and when it gets busy out there. Mr. Wolff suggested a miniature golf course at the Golf Course would be a nice place to go in the future for the community. Mayor Coy said the Airport park would not be good right now and should come from the enterprise fund, she would like to help the Boys and Girls Club if we require a the roof but at a later time, noting Little Hollywood has a gorgeous facility for children and is basically happy with the CIP program. 5. Being no further business, the Mayor adjourned the meeting at 6:58 p.m. Approved at the Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk 0 Regular City Council meeting. oRPFt 4 cm ~ -~~f HOME OF PELICAN ISLAND DRA~~ SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 11, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:14 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. 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. This item was not addressed. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Rob Messersmith Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Police Lieutenant, Michelle Morris Police Lieutenant, Bob Lockhart 0 Regular City Council Meeting June 11, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Coy announced that Keep Indian River Beautiful had requested postponement to the June 25"' meeting and seeing that Mr. Hargreaves was not in attendance she also noted the Sebastian Inlet Power Squadron item would also be rescheduled for the June 25"' meeting. 7. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certiScates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.070 A. 2008 Legislative Wrap-Up -State Representative Ralph Poppell (R-Vero Beach) Representative Poppell reported there were four special sessions to address budget shortfalls but in all the legislature managed to do a good job with some changes in the insurance world, with an attempt to fix the tax structure through Amendment No. 5, a successful bill regarding the citrus industry, a successful bill to monitor escrow accounts, and an attempt to eliminate taxes on light aircraft. Mayor Coy thanked him for his financial efforts on behalf of the City's interests. 08.071 B. urses 08.045 C. Brief Announcements ~~ ~A None. D 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 acfed 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. 1-13 A. Approval of Minutes - 5/28/08 Regular Meeting 08.072 B. .Authorize Council Travel and Registration to Florida League of Cities Annual 15-2s Conference in Tampa from August 14-16, 2008 (City Clerk Transmittal, Info) 2 Regular City Council Meeting June 11, 2008 Page Three 08.069 C. Resolution No. R-08-09 -Amend City Council Meeting Times (City Clerk Transmittal, 27-34 R-08-09) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-07-32; ESTABLISHING THE DATES AND TIMES FOR CITY OCUNICL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVDIING FOR PROCEDURES FOR AGENDA PREPARTATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVDIING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 08.073 35 08.074 37 08.075 39-46 D. Authorize Settlement in Case of Gulino vs. Sebastian in the Amount of $25,000 (City Attorney Transmittal) E. .Authorize Settlement in Case of Kupiec vs. Sebastian in the Amount of $5,000 (City Attorney Transmittal) F. Approve Purchase of Golf Course Greens Mower from R & R Products in the Amount of $18,144.75 (Golf Course Transmittal, Quotes, Tab Sheet) MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve. Roll call vote on the motion was as follows: D~ ~~~ Ayes: All Nays: None Passed 5-0 08.076 47-50 9. COMMITTEE REPORTS 8z 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. A. MPO Bicycle Advisory Committee i. Appoint Susan Mulcahey (City Clerk Transmittal, Application Will Be Provided Under Separate Cover. Ad) The City Manager stated the application is before them. When asked why Ms. Mulcahey was not in attendance, the City Clerk said she had provided this transmittal and when she previously inquired by a-mail whether Council wanted Ms. Mulcahey to attend she received no response. Mr. Neglia and Mr. Paternoster stated they wanted to see all applicants. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to appoint Ms. Mulcahey to the MPO Bicycle Advisory Committee passed on a voice vote of 5-0. 3 O Regular City Council Meeting ~~ ~, A June 11, 2008 Page Four 08.001 B. Parks 8~ Recreation Advisory Committee 51-56 Interview, Unless Waived, Submit Nominations for One Position (Clerk Transmittal, Application, Ad, List) Ms. Brown addressed Council. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to appoint Jennifer Brown to the Parks and Recreation Committee passed with a voice vote of 5-0. 10. PUBLIC HEARINGS Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Items A, 8 and C below were continued from the April 23, 2008 Regular.Meeting to the June 11, 2008 Regular Meeting. Advertisement for the land use change hearing (item B) ran on 4/7/08. • Item A is legislative first reading only. • Item 8 is a legislative first reading and public hearing for transmittal to DCA. • Item C is a first reading of a quasi judicial matter. 08.052 A. First Reading Ordinance No. 0-08-01 -Voluntary Annexation of Shady Rest Mobile 57-111 Home Park. 13225 US Highway 1 -17.15 Acres (Backup Previously Provided Under Separate Cover -New Information: Transmittal 4/23 Minutes Excerpt Petition Agreement) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Ex-parte communication was disclosed. The Clerk pointed out this was a first reading of an annexation ordinance and disclosure of ex-parte communication was not necessary. The City Attorney read the title and explained it doesn't take effect until the land use is reviewed and finally approved by the Department of Community Affairs (DCA) and noted there is an updated annexation agreement between the park owner and the residents in the packet. He advised this is a legislative act, that there is no requirement to annex and should Council choose not to annex there would be no further action on the remaining ordinances. Mr. Warren Dill, 1565 US 1, Sebastian, representing the applicants, stated this has no significant impact on the City and over time will generate business and sales tax and the residents will have certainty in their lives. He said the residents have been individually polled and only three of the responses were in opposition. 0 4 Regular City Council Meeting June 11, 2008 Page Five DRAfT Mr. Paternoster asked if this Council could bind a future Council and the City Attorney responded a future Council and land owner could change the agreement. It was noted that both parties would have to agree to change the agreement. Mayor Coy noted that we will have a permanent record of this proceeding at which we made a commitment that could be brought to a future Council. Ms. Simchick asked about the agreement effective date noted on circle page 63 and said it should read June and the Mayor Coy said it would actually be the date of the adoption hearing. Ms. Simchick asked for more information on the plan for the empty lots and that if Shady Rest were annexed, would they be eligible for the fagade grant. The Growth Management Director said they would not be eligible since they are not within the Community Redevelopment District boundaries. Mr. Dill said a number of improvements would be made to the park including the signage and landscaping. Mr. Paternoster asked when the property was taken off the market because he had recently seen it listed on Realtor.com. Mr. Dill said it was taken off two to three years ago. He then clarified that under the agreement, the park would remain open for five years but from five years to ten years it is up to his client's discretion. The City Attomey said in the case of Chapter 11 bankruptcy, the City would request the receiver to allow the contract to remain but it is ultimately up to the bankruptcy judge. Damien Gilliams, 1623 US 1, suggested the City should pay for the residents' attorney and stated he received a letter and wanted to go on record that he is against the annexation. He stated previous Council minutes show Mr. Neglia was against annexation. Mayor Coy gave him his first warning to keep politics out and he proceeded to state Council minutes show Ms. Coy was against annexation and Mr. Paternoster ran on a platform that he was against annexation and commended him. Mayor Coy noted she was not on Council at that time. Clifford Estes, Shady Rest resident, said he is 100% in favor of annexation, and that the owners have got to make money and will do their best for the residents. Mr. Kilderby, 13225 US Highway 1, stated he didn't think Mr. Howland would change what he says he would do because he is a gentleman; said that he likes what has been promised, and is for the annexation as are his two sisters who live in Shady Rest. Robin Meyers, 739 S. Easy Street, Social Justice Committee of St. Sebastian Church, applauded the questions Council is asking, and said the committee is in favor of the annexation. 5 O Regular City Council Meeting June 11, 2008 Page Six DRAFT Claire Ranahan, 13225 US Highway 1, said it is a great conciliation to have five solid years, expressed heartfelt gratitude for Council's time in meeting with the residents, and said the owner is a businessman and has been very fair to the residents. She asked Council to consider the possibility of losing their homes when they reach her age. Betty Robson said she is for the annexation. James Williams, Shady Rest Park Manager, who has worked for Mr. Howland for ten years, applauded the residents for their cooperation in considering options, said he owned a home in the park, and that he supported the annexation. Jane Adams, Shady Rest, said she called Attorney Mike Stuckey, State Department of Legal Services, who said, if the owner is sincere, the City Attomey could include in the annexation ordinance a promise that the owner would not to seek a change of land use for a period of five years. Ms. Simchick expressed disappointment at negative comments from the audience when Jane Adams approached the podium to speak, stating Mrs. Adams had a right to speak and was well versed in the laws regarding this issue. Mayor Coy called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All members were present. Council Deliberation Mr. Wolff said when he first looked at this he was not happy because he thought the land owner was attempting to skirt the regulations of another agency by applying for annexation, said the owner should have contested the County regulation to the State courts. He said these elderly folks are unrepresented against a property owner of means, stated he did not think the RV plan will succeed in light of fuel price increases, these people will walk away with nothing and should have been offered a buyout. He said though he thinks the owner's intentions are honorable, if he passes away his intentions may not be carried out, said the developmental rights are the golden ring and it will be a windfall profit if the property is sold. He said he could not put his name to this agreement whereby in five years these people would be put into the streets. Ms. Simchick said this decision has weighed heavily on all of them, that Ms. Adams asked all the right questions, residents did hire an attorney and residents expressed a need for five years of peace. She questioned whether Council should accept what the residents are comfortable with. She asked the City Attomey since the Shady Rest residents signed a petition to convince Council to approve the agreement, if the playing field changed, would the residents have a civil lawsuit. r~ 6 DRAFT Regular City Council Meeting June 11, 2008 Page Seven The City Attorney said there isn't a clear answer on that, but if a future Council wanted, he would attack it in that vein as the residents are the third-party beneficiary, but whatever the case the petition would be admissible evidence. Ms. Simchick said she agreed with Mr. Wolfi's comments, but the residents are begging Council to approve and she wanted to be sure their eyes were wide open and they had received good advice. Mayor Coy asked Mrs. Ranahan to come forward and tell Council what transpired between the residents and their attorney. Mrs. Ranahan said the residents did meet with Attorney Mari Parsons, who represents the homeowners' association, to go over the contract and Ms. Parsons said it was excellent protection for the residents. In response to Mr. Neglia and Mr. Paternoster, Mrs. Ranahan said Ms. Parsons had been the homeowners' association attorney for seven years and was still practicing. The City Attorney said he had discussions with Ms. Parsons and gave his opinion on behalf of the City on a couple of questions. Mayor Coy said Mari Parsons advised that the new wording was a benefit to the residents and they came to their own independent decision, and as to Mr. Gilliam's quotes from 2004 she was not on Council. She said she had spoken to County Commissioners Wheeler, Davis, and O'Bryan by phone, and Mr. Davis and Mr. O'Bryan said it was not Indian River County's intent to prevent Shady Rest from closing but to delay the time for the residents. She said the County's ordinance doesn't prevent the owner from closing the park within 60 days under Florida Statutes but the City agreement will protect them for five years. She said her vote is for what the residents want and she will fight for them if anything goes wrong. Mr. Neglia pointed out that Council is genuinely concerned for what happens to the residents, that Shady Rest is affordable housing being taken away, agrees that less and less RVs are coming down to Florida, hoped the decision was right and everything goes well for the residents and that they are taken care of. He agreed people should not be hard on Mrs. Adams. Mr. Paternoster said this is the first he had heard about their attorney, and asked the City Attorney why Ms. Parsons' comments were not in the packet. The City Attorney responded he did not have anything in writing from her and saw her handwritten notes from the homeowners' association president she had with her in their meeting. Mr. Paternoster said maybe the 50% rule was originally put in the agreement for leverage, said he could not say the owner was honorable because he didn't know, said the park was in disarray and now they are getting a few things.done. He said it was his worry that the residents won't get five years, that attorneys can take the law and manipulate it, Council can promise the world and in five years he would guarantee that this City staff will say `we want the property' because they want it now. He said this is a way of getting around the County regulations and he would not support it. !I Regular City Council Meeting June 11, 2008 Page Eight pRppT Mayor Coy asked the City Manager and City Attorney if anyone on City staff implied or stated that they did not want to honor the agreement for five years and want the property for commercial use now. They both answered no. Mr. Paternoster asked the City Manager what he had told him about that property. The City Manager asked to keep this in context because the City did not seek a petition, nor go out and ask. Mr. Paternoster interrupted him and the City Manager asked to finish. They began to talk over each other and the Mayor gaveled both sides of the dais and said we are not going to argue. The City Manager asked to finish his answer and Mr. Paternoster said he needed his answer and asked again what he told him about the property. The City Manager started to respond and Mr. Paternoster asked him to be frank. The Mayor gaveled again and asked Mr. Paternoster to give courtesy and he said he was speaking and she had no right to shut him up so not to try it. He continued telling the City Manager that if he didn't want to answer he didn't have to. The City Manager said he would answer the question the way it should be answered and Mr. Paternoster told him to try honesty. Mayor Coy called recess at 9:40 p.m. and asked for everyone to come back with cool heads and reconvened the meeting at 9:51 p.m. All members were present. Mayor Coy asked Mr. Paternoster to restate his question. He asked the City Manager what he said to him in regard to Shady Rest Mobile Home Park in the City Manager's office and on the telephone. The City Manager asked to be provided the liberty to answer so that a piece of his conversation would not be manipulated to support one position or another. He said in his opinion, the question was lined to put the footstep of this staff's head, and their recommendation was that the property should be annexed, that has not waivered, and the conversation was that it should be annexed and changed to commercial because in the long term benefit of the City it will be better for the community. He said the portion of the question that was unfair, was that staff in no way went out and solicited annexation, rather it was put on staffs doorstep and staff put it on Council. Mr. Paternoster asked about proximity to water. The City Manager stated it is in a bad location for a mobile home park because of natural disasters, that staff did not solicit it but provided their planning opinion that the best use is commercial. The City Manager stated this is a tough call and he did not envy Council. Mr. Paternoster said he had asked him how he would feel if it was his parents, said he was not answering his question and said the City Manager had told him "we need to do something because these people are going to be without a home°. The City Manager said there were disparaging remarks in fun connotation but this is a serious subject and Mr. Paternoster continued that the City Manager said, "If it were my parents, I'd tell them to get the hell out of there." The City Manager stated he wouldn't answer his line of questioning anymore because it was unprofessional. 1 Z. g Regular Ciry Council Meeting D~ ~~~ June 11, 2008 Page Nine Mr. Neglia called for a point of order and the Mayor asked him to state his point of order and Mr. Neglia said it was the arguing and bickering. MOTION by Mr. Neglia to approve and SECOND by Mayor Coy to approve the first reading of Ordinance No. 0-08-01. Mr. Paternoster told Mr. Neglia he was surprised at him interrupting his questioning of Mr. Minner and said he is not satisfied with the City Manager's answers to his questions, and it appears he doesn't want to answer. The City Manager told Mr. Patemoster that he would not allow him to impugn his integrity, that Mr. Patemoster knew what the conversation was, he could not judge what was in his heart, and the property should be commercial. Ms. Simchick said during the recess things were flying and concerns were expressed about buyouts and the residents have expressed uncertainty again. She said the residents were concerned their attorney was not here and she was concerned about annexing tonight and said as good stewards Council has to make this decision for them and it would not be right to make that decision tonight. Mayor Coy stated this is only the first reading and doesn't mean it will pass at the second _ _ reading/public hearing, the attorney could be here for the second reading, if we deny it, it is dead and delaying it again would be a disservice. Mrs. Ranahan said she would appreciate the time and would like to get input from the other residents. Mayor Coy again said this is a first reading, if it is denied tonight it is dead, but if it passes on first reading, it will come back a second time before it becomes gospel and if the residents change their minds, she will also change her mind. The City Attorney clarified that it wouldn't come back until the City received comments from DCA on the land use which would be four to six months. Mr. Wolff asked if the homeowners' attorney works out of Mr. Dill's office and Mrs. Ranahan said she did not think so. Mayor Coy said the attorney works out of Attorney Rene Van de Voorde's office. The City Attorney outlined the three options: vote to pass on first reading and hold public hearing upon return from DCA, vote to deny, or continue the first reading to a future time: Mr. Wolff pointed out there could be a different Council in six months. /3 9 Regular City Council Meeting June 11, 2008 Page Ten DRAFT The City Attorney said the annexation first and second reading could be done in a two week gap, separate from the land use. Ms. Simchick asked if there is a change in terms, would the annexation ordinance have to be redone. The City Attorney said it is staffs recommendation all the ordinances be done together, though annexation can be done separate from the land use. He said if terms of the annexation agreement change, because it is an attachment referenced in the ordinance, there would not need to be another first reading. In response to Mr. Wolff, the City Attomey said the land use does not have to occur with the annexation, but is being done for certainty; if not done at the same time, on an interim basis it would go to the closest County land use. Mr. Wolff asked if the land use is the reward for filling the five year obligation. The City Attorney said while we can bind them for five years, they could not bind us. Mr. Dill stated his concern is that when this started in April, there was time to run the land use with the City's land use amendment, but the park has to be open and running as a mobile home and RV park by December and if that doesn't happen, his client has no incentive to proceed and though the County is working to allow RVs it will take more time. The City Attorney clarified that DCA review is 45 days and then the City has 90 days to respond. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting until 11:00 p.m. passed on a voice vote of 5-0. Roll call on the annexation motion was as follows: A~~ Ayes: Simchick, Coy, Neglia p~ Nays: Wolff, Paternoster Motion carried 3-2 08.052 B. First Reading and Transmittal Public Hearing of Ordinance No 0-08-02 Land Use 13 -_ Shadv Rest Mobile Home Park 13225 US Highway 1 -17 15 Acres Riverfront Mixed Use (RMU) (transmittal previous backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES , MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title. The Growth Management Director and Attomey Dill stated staff report is before Council and Mr. Dill noted staff recommends approval. t4 ,a DRAFT Regular Ciry Council Meeting June 11, 2008 Page Eleven The City Attorney said the decision to assign the land use designation is at the discretion of Council, and noted every piece. of property except institutional, that lies east of the railroad, is Riverfront Mixed Use (RMU). Clare Ranahan asked what will happen if DCA rejects this. The City Attorney said basically feedback is received from DCA and the City has discretion. Cindy Falco asked for clarification on what had occurred previously and whether residents would have to leave if the business does not open in December and Mayor Coy said the County ordinance would not preclude him from using Florida Statutes which allow six months notice for residents to vacate. Ms. Simchick pointed out this question does not pertain to land use. Damien Gilliams, 1623 US Highway 1, stated maybe we will get a Lowes next to the Church, asked what if he petitioned DCA as a property owner, suggested changing the land use to mobile home park and guarantee the residents a place to live, it is a concern their attorney is not present, stated making this commercial is not good, the property should be abutting more than 50% of the City property and this is not. Evelyn Rupp, Shady Rest, stated she didn't understand what is happening because when they came tonight they thought they had five years. Mayor Coy explained the annexation passed on first reading and residents have three to six months to consult with each other and their attorney. MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-02 on first reading and authorize transmittal to Department of Community Affairs for comments. Roll call on the motion was as follows: Ayes: Coy, Neglia, Simchick ®~ ~~ Nays: Wolff, Paternoster Motion carried 3-2 08.052 C. First Reading of Ordinance No. 0-08-03 -Rezoning (Quasi-Judicial) -Shady Rest 115 Mobile Home Park, 13225 US Highway 1 -17.15 Acres -Commercial Riverfront Zoning (transmittal, previous backup provided under separate cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH-8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY .REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and asked that input not be taken at this time on first reading because the hearing will be quasi judicial. 11 `~ Regular City Council Meeting June 11, 2008 Page Twelve ~eaFr MOTION by Mr. Neglia and SECOND by Ms. Simchick to pass Ordinance No. 0-08-03 on first reading. Roll call on the motion was as follows: Ayes: Coy, Simchick, Neglia Nays: Paternoster, Wolff Motion carried The City Manager asked to move up item B because some of CDM's services on Collier Creek seawall will be needed soon. MOTION by Ms. Simchick and SECOND by Mr. Neglia to move item B up passed on a voice vote of 5-0. 08.010 B. CDM Contract Work Authorization # 6 -Collier Creek Wall RFP (Engineering 117-124 Transmittal, Work Authorization, Exhibit A) The City Manager explained that this will help the City Engineer get to the notice to proceed stage on the project and pointed out that half of the amount is for work that has already occurred. MOTION by Mr. Wolff and SECOND by Mr. Patemoster to pass item B -CDM Contract Work Authorization Collier Creek Wall Engineering in the amount of $25,000. Roll call on the vote was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy ~~ Nays: None ®~ Q Motion carried 5-0 11. UNFINISHED BUSINESS 08.077 A. Lot Clearing Ordinance History (Separate Cover) The City Attorney said this ordinance has had a tortured history even before the scrub jays entered the picture. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to bring this back to the next meeting. Ms. Simchick pointed out the last correspondence from US Fish and Wildlife (USFW) in December requested a reply so the ball is in our court and she could not move forward until the federal agency received a reply and their concerns are answered regarding the ordinance. She requested the motion be modified to have answers at the next meeting. Mr. Paternoster noted he has been asking for that information for quite some time. `(p 12 DRAFT Regular City Council Meeting June 11, 2008 Page Thirteen The City Manager pointed out the City is requesting a courtesy determination from USFW and the restrictions and regulations they imposed would have created an ordinance that would be cumbersome and impossible to enforce. Mayor Coy said Palm Bay has an ordinance and suggested we obtain it. The City Attorney said we have been engaged with the agency for months over the scrub jay issue and felt the agency was treating us differently than Palm Bay. Ms. Simchick said she strongly disagreed that is it a courtesy determination and pointed out the permit could list the equipment and process. Mayor Coy again mentioned the Palm Bay ordinance is blessed by USFW and is very simple. Motion passed with a voice vote of 5-0. 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can 6e extended or terminated by a majority vote of Council members present. Damien Gilliams asked if his request to electrify his docks was coming up soon, feels the citizens should be asked what they can do without, reminded there should be a citizens academy, there should transparency in government, he was disappointed about how the meeting got out of control, noted the public works compound is an eyesore when coming down 512, there is a boat still sitting near his business that washed up from a hurricane, stated recycle baskets need wheels for senior citizens, and noted riverfront parking has been a problem so large parcels should be purchased to provide parking. Ms. Simchick suggested giving a letter of support to Brevard County for their Grant boat ramp as they are having problems with St. Johns River Water Management District. Mayor Coy suggested contacting Rep. Poppell. The City Manager said special assistance with Waste Management pickup is provided for seniors and the disabled upon request. The time was 11:00 p.m. and the Mayor adjourned the meeting. The following items will be carried forward to the June 25, 2008 meeting. 13. NEW BUSINESS 08.078 A. Discuss St. Johns River Water Management District Watering Guidelines - 125-157 (GMD Report) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.023 A. Airport Workshop Update (no backup) 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN 13 Regular City Council Meeting June 11, 2008 Page Fourteen Approved at the June 11, 2008 Regular City Council meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk pRpFT 18 •• anoF VIII HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 Subject: Vacant Alternate Member Position Agenda No: 08.047 on the Planning & Zoning Commission Department Origin: City Clerk's Office Approved for Submittal by: City Attorney: Date Submitted: 6/18/08 City Manager For Agenda of: 6/25/08 Exhibits: application, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT In response to the Board Coordinator's effort to advertise for board volunteers in the Pelican Brief, Mr. Hepler has responded. He has been in Sebastian since 1997 and owned a home since 2003. His application is attached for your review. RECOMMENDED ACTION Interview, unless waived and submit nominations to fill the vacant alternate member position set to expire January 1, 2011. 19 zo CHENEY BROmHERS, INC. FOOD SERVICE DISTRIBUTOR af Y OF ' www.cheneybrothers.com ~ _ ~ ~ ~~' " ~ ~ GREGORY HEPLER ~ Sales Representative ~ gregh@cheneybrothers.com HOME OF PELICAN 15LAP Cell: 772-413-8768 Since 1926 Fax: 772-589-6606 Voicemail: 800-845-2964 APPLICATION TO SERVE ON CITY E Ext. 1957 (All City Board and Committee Members Must be Rl o~ cn~y way, Riviaa seach, ~, 334oaaooo 2801 w. saga sag sled. Ocala, r~ • 34a~s-scss • 561-8454700.800-032-1341 352-291-7800.800.939-4018 NAME: ~ ~ ~• HOME ADDRESS: ' ~C~( ~j G,,~-~j ,.r~. ~.~. - 7 ~~ ~ ~v1 '` ~~ S~ HOME PHONE: ~g~- (D(P~ ~ HOME FAX: j'~ ' ~ (~ jQ (~ (~ E-MAIL: BUSINESS: ~ .~ ~ e` ~ c o • lr~.r~( ~ - BUSINESSADDRESS: ~ V~~ ~~-e ~ ~w~ ~'I >Jt,P~rc~ Y3cl... ) ~ BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? S~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? f V1 ~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? . WHICH BOARDS/COMMITTEES? • ~ Vl ("~ 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 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) 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 quarte-1y)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) r= NATURAL RESOURCES 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- v _ ~ _.~ ~~ r. _ ~..; cn =_. 21 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required)_ ~j~ 5c~ o O ~ 1{~': ~ ~ ~ ,rte ~ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~ U ~ ~ w ~ ~ 1 o C c.~ ~:~, 5 ~ ,r,~S S~ S T~ ~ ~~1 tn~v\ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? V~ ~ .HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ (~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~i P 5 1 , I hereby certify that I am qualified to hold the positiori for which this application is made. Further, I hereby authorize. the City of Sebastian to investigate the truthfulness of all inforration 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 Sectio 2-166 through 2-173 (attached). Information relative to a specific board or commMittee is available if r quested. J ~ Applicant Sig at re Subscribed and sworn to before me this day of ~G(,VI Q, ~QU~~ by r D r ~~ e who is personally known to me, or has produced r r S as identification. ~T,~,°"~"` JEANETTEWIWAMS Commission DD 630052 ry Public, State of Florida Expires Fetxuary 28, 2011 suaeanaeoa BaidedThuTmyFalnlnwrrel003B~7019 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 ` \wp-form\applicat.wpd rev. 7/2007 zz PLANNING 8~ ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS AND ADDRESS STATUS COMPLETED [MOST RECENT HISTORY FIRST] Brian Blais Took Keough's unexpired Term to 241 Easy Street position 12/12/07 expire Sebastian, FL 11/1/2010 32958 646-0525 Charles Cardinale Reappointed 4/9/08 Term to 474 Thomas Street expire Sebastian, FL Took Celli's regular member 4/1/2011 32958 position on 4/26/06 918-8629 Larry Paul Reappointed 5/14/08 Term to 1701 Sunset Lane expire Sebastian, Florida Reappointed 5/11/05 5/1/2011 32958 388-0937 Took Blessing's Unexpired Regular Member Position 4/28/04 Took Mahoney's position 5/14/08 Term to Keith Srinivasan 1024 Landsdowne expire 2/1/2011 Sebastian, FL 32958 589-7319 William Simmons Took Mr. Smith's unexpired Term to 509 Drawdy Way regular member positions 2/22/06 expire 6/1/2009 Sebastian, FL 32958 Reappointed alternate member 589-9826 position 1 /12/05 Took Seeley's Unexpired Alternate Member Positions 1 /28/04 72 0 C Hank Buchanan Reappointed regular member Term to 1101 Landsdowne 4/11/07 expire Drive Sebastian, FL 6/1/2010 32958 Took Oakes' unexpired regular 388-5397 member term 1124/07 Took Oake's Unexpired Alternate Member Position 10/12/05 Ed Dodd Took Allocco's unexpired Term to 906 Fleming Street position 12/12/07 expire Sebastian, FL 11/1/2008 32958 388-5440 vacant Term to expire 11/2010 vacant Term to expire 1/1/2011 Staff Liaison -Growth Management Director 73 2y GIYOF AS71~A~ HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member -Citizen -Term to Expire 9/30/2010 Alternate Member -Contractor -Term to Expire 9/30/2010 Natural Resources Board Regular Member - Term to Expire 7/ 1 /2009 Regular Member - Term to Expire 7/ 1 /2011 Regular Member - Term to Expire 7/ 1 /2011 Regular Member - Term to Expire 7/ 1 /2011 Alternate Member -Term to Expire 7/1/2011 Parks & Recreation Advisory Committee Regular Member -Term to Expire 5/31 /2011 Regular Member -Term to Expire 5/31/2011 Alternate Member -Term to Expire 5/31/2009 Alternate Member -Term to Expire 5/31/2011 Plannin~& Zoning Commission Alte ate Member -Term to Ex ire 11 / 1 /2010 Alternate Member -Term to Expire 1 / 1 /2011 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. MEETING TIMES AND APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL FILLED. Z5 z~ ana S~~ ~ a Pnww w~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Residency Requirement for Agenda No. ('~. OCn 5 Planning & Zoning Commissioners Dept. Origin: City Clerk Approved for Submittal by: City Manager City Attorney: Date Submitted: 6/18/08 AI Minner For Agenda of: 6/25/08 Exhibits: Ordinance No. 0-08-04 Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT Previously passed first reading at May 28~' City Council meeting. RECOMMENDED ACTION Hold public hearing and at Council's discretion, move to adopt Ordinance No. 0-08-04. JZI 0 ORDINANCE NO.O-08-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2-170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission is designated as the statutory Land Planning Agency for the City, and holds a vital role in shaping the future of the community; and WHEREAS, the City Council has determined that it is desirable for members of the Commission to have a heightened familiarity with the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 2-170 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-170. Qualifications. The primary consideration in appointing boazd and committee members shall be to provide the boazd or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a boazd or committee is being considered for appointment or reappointment to a boazd, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S., relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each boazd or committee shall be residents of the city, however it shall be required that anv member of the Plannine and Zoning Commission have been a resident of the city for a minimum Period of one veaz. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. Section 2. APPLICABILITY. The additional residency requirement adopted herein shall not apply to any sitting member of the Planning and Zoning Commission. Section 3. 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 Z9 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 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this 2008. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy day of Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 30 City of Sebastian, Florida o~[C~ o~ ~~ crrY ~~rro~uv~Y~ AGENDA TRANSMITTAL Agenda No. ~ ~' . U ~ D Subject: Extension of Stand-down Agreement Date Submitted: 6/19/08 For Agenda of: 6/25/08 SUMMARY: The Interlocal Agreement to maintain the status quo during negotiation of the Interlocal Service Boundary Agreement had cone-year duration that expires on June 29, 2008. The parties have a tentative agreement to continue negotiating until October 31, 2008. Fellsmere expressed a willingness to extend the time period so long as the potential for Chapter 164 Dispute Resolution, as provided by statute in the event negotiations break down, is waived. Vero has expressed reticence at agreeing to this waiver. RECOMMENDED ACTION:. Consider the attached Interlocal Agreement. REVIEWED BY CITY CLERK• AUTHORIZED PLACEMENT ON AGENDA BY MANAGER: 31 32 RESOLUTION NO. R-08-08 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT EXTENDING THE RELATIONSHIP ESTABLISHED BY Tt~IAT CERTAIN AGREEMENT ADOPTED BY RESOLUTION R-07-22 ON MAY 23, 2007 TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT ("ISBA"), WITH A NEW EXPIRATION DATE OF OCTOBER 31, 2008, PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City of Sebastian is empowered to enter into cooperative ventureswith otherlocal governments under the "Florida Interlocal Cooperation Act of 1969", and WHEREAS, the City is presently negotiating an Interlocal Service Boundary Agreement ("ISBA") pursuant to Florida Statutes Chapter 171, Part II; and WHEREAS, the City of Sebastian adopted Resolution No. R-07-22 on May 23, 2007, which authorized an interlocal agreement to maintain the status quo during negotiations for an ISBA; and WHEREAS, that inte~ocal agreement adopted by City of Sebastian Resolution No. R-07-22 and entered into by and between Indian River County, the City of Vero Beach, the City of Sebastian, the City of Fellsmere, the Town of Indian River Shores and the Town of Orchid, was recorded and effective on June 29, 2007 and had an expiration date of June 29, 2008; and WHEREAS, parties to the agreement have agreed to extend the deadline to October 31, 2008 in lieu of relying upon the potential for Chapter 164 dispute resolution; and WHEREAS, the City Council of the City of Sebastian, Florida concurs with extending the deadline to October 31, 2008. 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 document entitled An Interlocal Agreement Under Chapter 163 Florida Statutes Relating to Chapter 171 Part II Florida Statutes", as attached hereto as Exhibit A. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: 33 Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 25T" day of June, 2008. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Sally A. Maio, MMC City Clerk 2 Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 34 Exhibit `",~" An Interlocal Agreement Under Chapter 163 Florida Statutes Relating to Chapter 171 Part II Florida Statutes. This Agreement is made the date last written below by and between Indian River County, the City of Vero Beach, the City of Sebastian, the City of Fellsmere, the Town of Indian River Shores, and the Town of Orchid. WITNESS THAT: WHEREAS, the parties are empowered to enter into cooperative ventures by Section 163.01 Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and, WHEREAS, the parties to this agreement, all local general-purpose governments organized under the laws of the State of Florida, are presently negotiating an Interlocal Service Boundary Agreement including an annexation plan for certain areas of the county pursuant to the method provided in Chapter 171, Part~II Florida Statutes; and, WHEREAS, the staff assigned to this process by each party believe that this process may take a year or more; and, WHEREAS, the parties thus feel that it would be in the public interest to maintain the status quo until the negotiating process is completed; and, WHEREAS, the staff assigned to the negotiating team have suggested that a temporary agreement be entered into which would prohibit certain activities from occurring in relation to land which is now in the unincorporated area and outside the urban service area; and, WHEREAS, this temporary agreement will expire on October 31, 2008, unless extended by agreement of all parties; and, WHEREAS, in the event the interlocal service boundary agreement process fails to result in a signed interlocal agreement among all the parties, and the parties have 35 continued to negotiate in good faith till the expiration date set forth in this stand down agreement, all parties agree to waive the requirements of Florida Statutes §171.203(13), requiring dispute resolutions pursuant to §164.1053-164.1057. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for such other good and valuable consideration, the undersigned parties agree as follows: 1. Adoption of Restrictions pertaining to Annexation and Urban Service Line Changes on Unincorporated Land Outside the Urban Service Area Except as provided for in sections 2 or 3, until after October 31, 2008: a) There shall be no annexation of land that is, as of May 1, 2007, in the unincorporated area of the county and outside the county's urban service area; b) There shall be no changes to the boundary line delineating the county's urban service area from what is was on May 1, 2007; and 2. Restriction May be Changed by Super-Majority Vote Any restriction in section 1 may be overridden by asuper-majority vote of all the parties to this agreement. 3. Grandfathering Clause, Legal Challenges This Agreement does not apply to lands for which annexation applications or petitions have been submitted before May 1, 2007, nor does it preclude any party from bringing challenges to such annexations or related comprehensive plan amendments. 4. Execution of Multiple Copies 3r~ This Agreement may be signed in multiple copies, each of which shall be deemed an original. 5. Removal from Agreement Any party may remove itself from this Agreement by adopting a resolution of its governing body to that effect. Such resolution shall take effect no earlier than October 31, 2008; except that in the event that the county conducts a first reading of an ordinance proposing a home rule charter or the parties cease negotiating an Interlocal Service Boundary Agreement, such resolution shall take effect as provided in the resolution. 6. Effective Date This Agreement shall become effective upon filing with the Clerk of the Circuit Court of Indian River County pursuant to Section 163.01(11) Florida Statutes. 7. Waiver of§171.203(13) Requirements In the event the interlocal service boundary agreement process fails to result in a signed interlocal agreement among all the parties, and the parties have continued to negotiate in good faith till the expiration date set forth in this stand down agreement, all parties agree to waive the requirements of Florida Statutes §171.203(13), requiring dispute resolutions pursuant to §164.1053-164.1057. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date written below. ' 3~ AUTHORIZED BY THE CITY OF SEBASTIAN pursuant to Resolution R-08- 08 on June 25'h, 2008. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 38 Cara S~T~~-N Hones a rux~w wwHn City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: Q g , n ~ ~, Vo ing De gate for FLC Conference a Re tion Information Department Origin: Ci Clerk City Attorney: i a ager Date Submitted: 6/18/08 For Agenda of: 6/25/08 Exhibits: FLC Memo SUMMARY STATEMENT Florida League of Cities has provided information requesting designation of one official to be the City's voting delegate during the business meeting at the annual conference in August. They also provided information for submitting resolutions to the league membership. So far only Mr. Neglia has informed us that he wishes to attend the conference. RECOMMENDED ACTION At Council's discretion, designate a voting delegate. At Council's discretion, decide whether there are any resolutions to be submitted to FLC Resolutions Committee. 3q ~~puuE o~~'r. ~~, ._ 301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1751 • (850) 222-9684 • Suncom 218-5331 • Fax (850) 222-3806 • www.flcities.com TO: Municipal Key Official FROM: Michael Sittig, Executive Director DATE: June 3, 2008 SUBJECT: 82nd Annual Conference -Great Cities Make A Great State VOTING DELEGATE AND RESOLUTION INFORMATION August 14-16, 2008 -Tamp Convention Center/Tampa Marriott Waterside As you know, the Florida League of Cities' Annual Conference will be held at the Tampa Convention Center/Tampa Marriott Waterside in Tampa, Florida on August 14-16. This year we are celebrating Great Cities Make A Great State which will provide valuable educational opporhznities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2007. Registration materials have already been sent to each municipality. Call us if you need additional copies. The Leagu., adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) 701-3602 or (800) 616-1513, extension 3602. Proposed resolutions must be received by the League no later than July 9, 2008. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than July 27, 2008. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President frank C. Ortis, Mayor, Pembroke Pines First Vice President Carmine Priore, Councilman, Wellington • Second Vice President John Marks, Mayor, Tallahassee /~ Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. -t 82nd Annual Conference Florida League of Cities, Inc. August 14-16, 2008 Tampa, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate maybe properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 82nd Annual Conference Tampa Convention Center/Tampa Marriott Waterside Tampa, Florida August 14-16, 2008 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 9, 2008, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state le 'slag anon will be referred to the appropriate standing policy council. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. </3 Important Dates May 30, 2008 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 30 Appointment of Resolutions Committee Members July 9 Deadline for Submitting Resolutions to the League office August 14 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration August 16 Immediately Following Luncheon -Pick Up Voting Delegate Credentials Followed by Annual Business Session ~u cm or .:°`~. FIOME OF PEUGN tStAND AGENDA TRANSMITTAL Subject: Agenda No. FLORIDA BOATING IMPROVEMENT PROGRAM Department Orrin: Cit i Manager ' ' GRANT [ Finance• ~~.•.. City Attorney: Ap ve ubmittal by: City Clerk: Date Submitted: Jun 08 i Mana er E hibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY The attached resolution provides Council support for the Florida Boating Improvement Grant Program sponsored by Florida Fish & Wildlife Commission. Recently, City staff has applied for $425,291 in funding which is applicable to the Indian River Drive/Main Street Project. If received, these funds can significantly reduce the total cost of the project, thereby having the potential to fund the construction with $912,823 in grant funding, equaling 50% of the construction costs. Concerning the construction portion of the project, the City currently has $1,822,494 available. These funds come from the following categories: FUNDING SOURCE ~ AMOUNT CRA Fund $834,962 Recreation Impact Fee Fund $500,000 FIND Grant $487,532 TOTAL CONSTRUCTION FUNDS $1,822,494 From these funds, the City has a cash allocation of $1,334,962. Obviously if the FWS grant is received, these funds can be reduced by $425,291 and shift monies back to either the CRA or Recreational Impact Fee Fund. One other item concerning project costs. The allocation of $1.82 million does not include money we have spent to date on the project such as engineering and property purchase. These costs equal an additional expense of $598,690.24. All costs in and if the estimates for construction are reached, the total project will be $2.4 Million. Below is a spreadsheet, which outlines total costs to date for the entire project. Please keep in mind that construction costs are estimates, they could increase or decrease based on actually bids. 45 __ _ _ __ _ INDIAN RIVER DRIVEIMAIN STREET PROJECT C0741 _ _ ~ _ __ Direct Charges to CRA Fund: :Land Purchase 397 849 24 Appraisals on 806 Indian River Drive 10,000.00 Not~ceslPostage _ _ _ _ _ __ 719.75 Schulke for Design 190 061.25 598 690.24 :Transfer to Project from CRA Fund: _. _ FY2007 _... '.215,401.00 FY2008 619,561.00 834,962.00 :Transfer to Project from Recreation_Impact Fees 500,000.00 _. Erected Proceeds from FIND Grant _, ,_y _.._.._ 487,532.00 __ _. _ __ Total from All Funding Sources 2 421,184. ...~___ ___. _ _.. _ _.. _. ~.... _ ... 24 Less Direct Charges to CRA Fund. (Shown Above) _. _ (598,690.24]' Current Budget for Project in Construction Fund 1,822,494.00 .~.. ___ ~__. _.e.._--_ ... __ .__..._._ _.~..__._ _ Charges to Budget for Project __.. _. __..._._~ __. .:Trash/Landcleanng __ „_ X1,799.24) Public Notices X271.67) ~.... ___.._.~,. _yTree ConsultationlSpra~mq ,._ _ _ . ..._..... ~i365.00~ _ Schulke for Construction Admin. :46,052.50 (48,988.41} Currently Available Balance for Project C0741 1 773,505.59 Total_ Pro_Ject Cost Estimate is $1 936 972.46 Less $238,013 75 included for Design and Contract Admirnstration _. _..._.. ~__ .~_._.w_ _ _ .~. ~__._ Estimated Balance of Project Costs 1,698,958.71 '. Available for Contingencies __ __ __ . 74,546.88 The purpose of the Florida Boating Improvement Grant is to assist in supporting marine activities throughout the state. The purpose of this resolution is to support the grant and is a part of the application process. This resolution will enable the City to apply for funding and to administer the grant, fund expenses, and associated improvements, for safer recreational boating at the Main Street Boat Ramp. . Also attached for your review is the grant application, which has been submitted to FWS. The application does not become complete until this Resolution is approved. Further, Council will be required to accept assurance in the grant agreement, if awarded the funds. RECOMMENDATION Move approval of grant Resolution. RESOLUTION NO R-08-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER AND OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE WHEREAS the Florida Fish and Wildlife Conservation Commission Division of Boating, has been authorized to provide funding opportunities to local governments to finance recreational boating improvement projects along the coastal waters of the State of Florida; WHEREAS the City has been advised by the Florida Fish and Wildlife Conservation Commission of the availability of funds under this program; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN FLORIDA as follows: Section 1. AUTHORIZATION. The City Manager or his designee is hereby authorized to apply for funding from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program to fund expenses and associated improvements for recreational boating at the Main Street Boat Ramp adjacent to the Indian River Lagoon. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby appealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. ~F~ This resolution was moved for adoption by Councilmember was seconded by Councilmember was as follows: Mayor Andea B. Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff The motion and, upon being put to a vote, the vote The Mayor thereupon declared this Resolution duly passed and adopted this day of 2008. By: Mayor Andrea Coy ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney 4~ Q11'OF ~~ HOME OF PELICAN ISLAND 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 May l3, 2008 Ms. Susanna Stephens, Program Administrator Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program Division of Law Enforcement 620 South Meridian Street Room 235 Tallahassee, FL 32399-1600 (850)488-5600 RE: 2008-2009 Florida Boating Improvement Program Dear Ms. Stephens, It is my pleasure to submit to you the City of Sebastian's application for assistance through the 2008-2009 program. The City is truly excited with the potential this project has to really bring the waterfront to more citizens through safer and improved access to the boat ramp, restroom amenities, and increase in boat trailer parking, etc. I want to assure you of the City's commitment to this project and its support by the City Council. I will ensure that a signed resolution of the same is submitted to you in a timely manner. In the meantime, please feel free to contact me with any questions or concerns you might have. I may be reached at (772) 589-5330 or aminner citYofsebastian.org. You may also contact Margie Reynolds with questions at (772) 388-8212 Cc~ Rich Stringer, City Attorney Sally Maio, City Clerk Margie Reynolds, City Environmental Specialist/Planner 44 Florida Fish and Wildlife Florida Boating Improvement Program Conservation Commission MyFwC.com Grant Application for Boating Access Facilities FOR OFFICE USE;ONLY Gram A lication Nlumber : ~ ~ ` .Date Received: Fill in all.cectinnc that annly- l.oavo all nthvr.coctinn.c h)nnl- I -APPLICANT INFORMATION a. Applicant: City of Sebastian b. Federal Employer Id. No.: 59-6000427 . c. Project Manager Name: Alfred Minner Project Manager Title: City Manager d. Mailing Address: 1225 Main Street City: Sebastian Zip Code: 32958 e. Shipping Address: 1225 Main Street City: Sebastian Zip Code: 32958 f. Telephone: 772 589-5330 Fax: 772 388-8248 Email: aminner@cityofsebastian.org g. District Numbers: State House: 80 State Senate: 26 County Commission: 1 II -PROJECT SUMMARY a. Project Title: Sebastian's Main Street Public Launching Facility b. Type of Application: ®New (never considered before) ^ Reconsideration ^ Phased Continuation-Phase No.: TIER-I TIER II e. Project Category: ^ A -Public Launching Facilities ^ A -Boat Ramps, Piers, and Docks ®B -Public Launching Facilities d. Project Cost: Total Cost: $ $1,697,857.00 Amount Requested: $ X425.291.00 e. Project Summary: The City of Sebastian , a State of Florida Municipality has planned to construct additional boat trailer parking, provide amenities such as a public restroom facility and realign the access road to eliminate launching safety hazards. Fwc~s~-s loirosl Page 1 of 9 III - FACILTTY INFORMATION a. Facility Name: Main Street Boat Ramp b. Type of Facility: ® Existing Boat Ramp /Public Launching Facility ^ Proposed Boat Ramp !Public Launching Facility Other: ^ Existing Marina /Tie-up /Overnight Moorage Facility ^ Proposed Marina /Tie-up /Overnight Moorage Facility c. Facility location: County: Indian River Water body: Indian River Lagoon Latitude: N 27 dee 49 min. 6.276 sec. Longitude: W 80 deQ. 28 nun. 8.29 sec. Facility Street Address or Location: 1302 Indian River Drive Sebastian- F132958 _ d. Upland Ownership: ® Public -Fee Simple ^ Public -Lease Number of Years Remaining in Lease: Name of Owner: Ci of Sebastian e. Is this facility open to the general public? ®Yes ^ No r ,-_.t~ _:_ n.r..e..~ /°%\ TTen of T mmrhino Facility' 9U% Motorboats/SailboatS 10%Non-Motorboats g. Day Use, Parking or Launch Fee Amount: $0.00 Tie-up/Ovemight Moorage: $0.00 h. Number of Launch Lanes: 2 Condition: ^ New ®Good ^ Average ^Poor i. Length of Boarding Docks: 80 Ft. Condition: ^ New ®Good ^ Average ^Poor Type of docks: ®Fixed Wooden ®Fixed concrete ^ Floating concrete ^ Other j. Number of Boat Trailer Parking Spaces: 1 S Condition: ^ New ^ Good ^ Average ®Poor k Length of Tie-up Dock or Moorage: 80Ft or OSlip Condition: ^ New ®Good ^ Average ^Poor Type of docks: ®Fixed Wooden ®Fixed concrete ^ Floating concrete ^ Other 1.Other Facility Attributes: Restroom: ^ Yes ^ No ®Proposed Other. Proposed amenity Pump out or Dump Station: ^ Yes ®No Other: Proposed amenity m. Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a 10-mile radius. Name Distance Name Distance 1. City of Sebastian Yacht Club 1 mi 2. John Jor ensen Boat Ramp 10 mi 3. 4. 5. 6. 7. 8. 9 10. ~--` FWC/FBIP-B (01/08) Page 2 of 9 ~ Gj N -PROJECT DESCRIPTION a List Primary Need for Project: ®Safety ^ Age-end of Useful Life ®High Demand by Users ® Environmental Needs of the Area ~ Recommended by FWC Staff ® Other: Public Amcaity Needs ~ Lack of In-house Capability b. Need Statement: I .Currently access to the existing boat ramp to lauch a vessel causes entire blockage of Indian River Drive and a public safety hazard. There has been an overall increase of boaters utilizing the boat ramp and trailer parking area. Many will park their trailers along US 1 and other non-designated areas. 2. Reconstruction of the existing boat trailer parking area to allow more boat trailers parking along with a staging azea, and remove the current envimmnenial impacts associated with stormwater run-off directly into the Indian River Lagoon. 3. There are no public restroom facilities at the boat ramp. Boaters currently leave the boat ramp area. c. Project Tasks: Task 1 Realign Indian River Drive to the West to direct non boating traffic away from the ramp to increase public safety. Task 2 Install stormwater treatment facilities. Task 3 Reconsh~uct the existing boat trailer parking, to provide 28 designated spaces, with a staging area. Task 4 Construct public restrooms that connect to Sanitary Sewer lift station and County water to keep ail wastewater off site. Task S Install Educational Kiosks, and landscaping d. Project Benefits: By providing more spaces for parking, provide public amenities, and ensure boating safety, we will provide recreational, natural and physical access opportunities, and enhance the historic fishing village character of Sebastian. 5Z FWC/FBIP-s (01/08) Page 3 of 9 V -PROJECT ELEMENTS: BOAT RAMPS & PUBLIC LAUNCHING FACILITIES a. Type of project: ^ Engineering /Planning only ^ Renovation /Repair ®Expansion ®New Construction b. Boat Ramp Number of existing launch lanes to be repaired: Type of ramp: ^ Asphalt ^ Concrete ^ Other Number of new/added launch lanes: 0 Type of new ramp: ^ Asphalt ^ Concrete ^ Other c. Boarding Dock Length of existing boarding docks to be repaired /replaced: ft. Type of docks: ^ Fixed wooden ^ Fixed concrete ^ Floating Concrete ^ Other Length of new/added boarding docks: ft. Type of new docks: ^ Fixed wooden ^ Fixed concrete ^ Floating Concrete ^ Other d. Parking Number of existing boat trailer parking spaces to be refurbished 15 Type of parking: ^ Asphalt ^ Concrete ®Other Sand/Grave 1 Number of new/added boat trailer parking spaces 13 Type of new/added parking: ®Asphalt ^ Concrete ®Other Porous Turf Block e. Lifts, Hoists, Marine Railways Number of lifts or hoists to be repaired /replaced: Number of new lifts or hoists to be installed /added: Length of marine railway to be repaired /replaced: Length of new marine railway to be added: Maximum length of vessel that can be lifted: Maximum length of vessel that can be lifted: ft. ft. f. Amenities /Other elements ® Restrooms: Describe 300 square foot Men & Ladies public restroom ® Access Road: Length of access road: 228 yds. Type of road: ^ Gravel ®Asphalt ®Other Porous Turf Block ® Educationalkiosk / signage: Describe Plan to install kiosk with educational placards for Recreational Boating Safety, Manatee Protection Zone Map, and Boaters Guide to the Indian River Lagoon ,along with Grant Funding Source Acknowledgements . ~.. , FWC/FBIP-B (01/08) Page 4 of 9 ~ /~~ VI -PROJECT ELEMENTS: MARINAS & OTHER MOORING FACILITIES (Piers /Docks) a. Type of project: ^ Engineering 1 Planning ^ Renovate /Repair ^ Expansion ^ New Construction b. Docks / In-water slips Length of existing docks to be repaired /replaced: ft. Number oftie-ups /slips: Type of dock: ^ Fixed Wooden ^ Fixed Concrete ^ Floating Concrete ^ Other Length of new docks to be added /installed: ft. Number of tie-ups /slips: Type of dock: ^ Fixed Wooden ^ Fixed Concrete ^ Floating Concrete ^ Other c. Mooring Buoys Area of mooring field: sq. ft. Number of mooring buoys to be repaired /replaced: Number of new mooring buoys to be installed: d. Dry Storage Number of existing dry storage slips to be repaired /replaced: Number of new dry storage slips to be constructed: e. Amenities /Other elements ^ Restrooms: Descnbe ^ Access Road: Length of access road: yds. Type of road: ^ Gravel ^ Asphalt ^ Other ^ Educational kiosk / signage: Describe ^ Pump-out or Dump station VII -PROJECT ENGINEERING AND CONSTRUCTION a. Who is or will be completing project design/engineering? b. Level of engineering completed at time of application: ® Applicant's Own Staff ^ None ® Consulting Engineers ^ Conceptual (Master Plan Phase) ^ N/A (Materials or Equipment Purchase) ^ Preliminary ^ Other: ®Final (Ready to Bid) 5~ Fwc~s~-B roiros~ Page 5 of 9 VIII -BUDGET a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application. ® Yes, Preliminary ^ Yes, Final ^ No b. PROJECT COST: NON-CASH FUNDS Cost Item Applicant Other source (List below in Section VIIn Do Not Use ` . ~ .Column TOTAL Administration $ 25,000 $ 0 $ 25,000 Project Management $ 40,000 $ 0 $ 40,000 In-Kind Engineering $ 40,000 $ 0 $ 40,000 In-Kind Labor $ ~ 30,000 $ 0 $ 30,000 In-Kind Materials $ 30,000 $ 0 -- $ 30,000 In-Kind Equipment $ 15,000 $ 0 . ;' $ 15,000 Total Non-Cash Funds $ 180,000 $ 0 - $ 180,000 c. PROJECT COST: CASH FUNDS Cost Item Applicant Other source (List below in Section VIII) ~~ Grant Request TOTAL Administration /project Management $ 32,500 $ 0 $ 32,500 $ 65,000 Design /Engineering $ 122,125 $ 0 $ 122,125 $ 244,250 Permitting $ 0 $ 0 $ 0 $ 0 Construction /Repair: Boat Ramps $ 0 $ 0 $ 0 $ 0 Construction /Repair. Lifts, Hoists, Marine Railways $ 0 $ 0 $ 0 $ 0 Construction /Repair. Piers or Docks $ 0 $ 0 $ 0 $ 0 Construction /Repair: Pazking $ 40,472 $ 80,944 $ 40,472 $ 161,888 Construction /Repair: Rsstrooms $ 125,077 $ 24,750 $ 125,078 $ 274,905 Other: Site Work/ Roadway Access $ 105,116 $ 160,232 $ 105,116 $ 370,464 Other: Contingency 10% $ 86,500 ~ u ~ u a ao,~w Other: Acquisition $ 223,700 $ 177,650 $ 0 $ 401,350 Other. $ $ $ $ Other. $ $ $ $ Total Cash Funds $ 735,490 $ 443,576 $ 425,291 $ 1,604,357 FwC/FBtP-s (ot/os) Page 6 of 9 (~ IX -OTHER SOURCE OF FUNDS (Partnerships) a. Funding source /Agency: Florida Inland Navieation District b. Type of funding: ^ Federal grant ®State/Local grant ^ Loan c. Grant Name: 2007-08 Waterways Assistance Proeram Amount $ 487.532.00 d. Approval Status: ®Approved ^ Pending ^ Intend to Apply, Date: a. Funding source /Agency: b. Type of funding: ^ Federal grant ^ State/L,ocal grant ^ Loan c. Grant Name: Amount $ d. Approval Status: ^ Approved ^ Pending ^ Intend to Apply, Date: a. Funding source /Agency: b. Type of funding: ^ Federal grant ^ State/L.ocal grant ^ Loan c. Grant Name: Amount $ d. Approval Status: ^ Approved ^ Pending ^ Intend to Apply, Date: a. Funding source /Agency: b. Type of funding: ^ Federal grant ^ State/I.ocal grant ^ Loan c. Grant Name: Amount $ d. Approval Status: ^ Approved ^ Pending ^ Intend to A 1 Date: PP Y. X -PERMITS Submitted Approved N/A a. Florida Department of Environmental Protection ^ ® ^ b. Florida Fish and Wildlife Conservation Commission's ^ ^ c. U.S. Army Corps of Engineers ^ ® ^ d. Local and Others (If needed) ^ ® ^ T ror mooring ouoy prolecrs, a r~onaa unuorm waterway MarKer ~-ppucatron must be submitted to FWC prior to submittal of the grant application. "' :. . FWC/FBIP-B (01/08) Page 7 of 9 XII -BOATER SAFETY a. Explain how the project may affect boater safety whether positively or negatively. This project will increase recreational boater safety. The boaters will have improved launching accessibility, more area to park trailers, stage vessels, and provide safer pedestrian access to the Main Street Boat Ramp or restroom facilities. Non- boating vehicles will be routed westward of the boat trailer parking and amenities to ensure public safety. FWGFBIP-B (olro8) Page 8 of 9 XIII -APPLICATION ATTACHMENTS CHECKLIST Submit one (1) electronic copy on CD or floppy disk and seven ('n photocopies of the application with attachments. Inc. - - -Required Attachments - - - ® a. Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications). ® b. Application: One (1) application with original signature from authorized individual. ® c. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public entity, then a Memorandum of Understanding between the Applicant and the public entity must also be submitted. ® d. Boundary Map: indicate boundary of the project area. ® e. Site Control Documentation: (e.g. a deed, lease, results of title search, etc. for the project site.) ® f. Ezisting Condition Photographs (sufficient to depict the physical characteristics of the project area) ® g. Aerial Photographs (marked with the approximate boundaries of the project site) ® h. Navigational Chart: An 8.5" x 11" photocopy of a current NOAA North American Datum 83 nautical chart (provide the NOAA chart name and member) indicating the precise location of the project site. - - -Optional Attachments - - - ® i. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an engineer's cost estimate. ® j. Plans: preliminary design/engineering plans (if completed). ® k. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of exemption from permitting agency. ® 1. Support/Opposition: Attach letters of known public support or known public opposition. APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my. lmowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicant's governing body is awaze of and has authorized the Project Manager as the pfficial representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below, the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. M~ ~ Crt~t ~~c~ t/T ame Title ~3 Mk-t ~ ignature Date STATE OF FLORIDA, COUNTY OF ( SN~tAxl 2~yE~L ) Personally appeazed before me this 13~ day of , 200 subscribed and swore to the above instrument in my presence. Notary Public N My commission ~"2°'~ #DD 30678 NOTE: Instruction and further information regarding this application and the Florida Boating Improvement the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator Wildlife Conservation Commission, Florida Boating Improvement Program, 620 South Meridian Street, Ta] or call (850) 488-5600; or email fbipSa,~yIvFWC.com. ~o~ros~ Page 9 of 9 '~~ 'G Q .~. LL ,w VI r yr O .wr U 59 ~l ~~ ~3 ~N NOVEMBER 25, 1958 COMMENCING AT THE NW CORNER OF GOVT. LOT 5, SECTION 6 TWP 31 S, RANGE 39 E; THENCE RUN SOUTHERLY ALONG THE WEST BOUNDARY OF SAID GOVT. LOT 5 A DISTANCE OF 382.06 FEET TO THE SOUTH RNV LINE OF MAIN STREET; WHICH HAS AN 80' R/V1/; THENCE NORTH 83^ 25' 31" E ALONG SAID STREET LINE A DISTANCE OF 179.00 FEET TO AN IRON PIPE AT THE SE CORNER OF NEW U.S. HWY#1 & MAIN STREET FOR POB, THENCE ALONG THE EAST RNV OF NEW U.S. HWY #1 SOUTH 17^29'29" E A DISTANCE OF 203.4 FEET TO AN IRON PIPE; THENCE NORTH 76024'31" EAST A DISTANCE OF 229.95 FEET TO AN IRON PIPE ON THE WEST RNV LINE OF OLD U.S. HWY #1; THENCE ALONG SAID R/W LINE NORTH 25^29' 29" WEST A DISTANCE OF 181.49' TO AN IRON PIPE AT THE SW CORNER OF OLD U.S HWY #1 & MAIN STREET; THENCE ALONG THE SOUTH LINE OF MAIN STREET 83^25'31" WEST A DISTANCE OF 207.77 FEET TO P.O.B. This may be part of the "City Park" property - corner of Main St., Indian River Dr., and US 1 where the Chamber of Commerce Building is or was located RUTH 8 THOMAS WATERS / CITY OF SEBASTIAN MAY 5, 1965 A TRACT OF SUBMERGED LAND IN THE INDIAN RIVER IN SECTION 6, TWP 31 SOUTH, RANGE 39 EAST, DESCRIBED AS FOLLOWED: FROM THE NW CORNER OF GOVT. LOT 5, SECTION 6, RUN SOUTH ALONG WEST BOUNDARY A DISTANCE OF 386.06' TO THE SOUTH RIGHT OF WAY OF MAIN STREET BEING 80' IN WIDTH, THEN RUN NORTH 83^ 25' 31" EAST, A DISTANCE OF 386.77' TO THE WEST RIGHT OF WAY OF OLD DIXIE HWY; THEN RUN SOUTH 25^ 29' 29" EAST ALONG RIGHT OF WAY, A DISTANCE OF 118.76' TO THE WEST BANK OF THE INDIAN RIVER 8~ THE POINT OF BEGINNING; THEN MEANDERING NORTH 25^ 33' 51" WEST, A DISTANCE 295.12' ALONG THE SHORE OF LINE OF THE INDIAN RIVER THRU BLOCK 2, CARROLL ROBERTS SUBDIVISION TO THE NORTH RIGHT OF WAY OF OLD MAIN STREET, HAVING RIGHT OF WAY OF 60'; THEN NORTH 63^ 56' 9" EAST, A DISTANCE OF 170.62' TO BULKHEAD LINE, A DISTANCE OF 295.28' THENCE RUN SOUTH 63^ 56' 9" WEST A DISTANCE OF 170.62' TO POINT OF BEGINNING INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA /CITY OF SEBASTIAN JUNE 2,1980 THE SOUTH 1' OF LOT 24, BLOCK 1, HARDEE SUBDIVISION, NO. AB@, AS SHOWN IN PLAT BOOK 4, PAGE 74, ST LUCIE COUNTY RECORDS; TOGETHER WITH AN EASEMENT OVER AND UNDER THE FOLLOWING DESCRIBED THE EAST 5' OF THE SOUTH 6' OF THE WEST 835' OF LOT 24, BLOCK 1, HARDEE ~5 SUBDIVISION NO. AB@, PLAT BOOK 4, PAGE 74, ST. LUCIE COUNTY RECORDS. SAID LAND NOW LYING AND BEING IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA HELEN B. BOONE 8~ SANDRA FAYE COBB !CITY OF SEBASTIAN WARRANTY DEED (Statutory Form -Section 689.02, F.S.) Between Bettina Boudrot and the City of Sebastian The South 5.00 feet of the North 72.00 feet of Lot 2, Block 3, HARDEE SUBDIVISION, NO. B, as recorded in Plat Book 4, Page 74 of the Public Records of St. Lucie County, Florida; said lands now lying andbeing in Indian River County, Florida. N.B. THIS IS A CORRECTIVE DEED TO CORRECT SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION CONTAINED IN INSTRUMENT RECORDED IN O.R. BOOK 1946, PAGE 769 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA / _ 1 , 1 , THIS PARCEL SOLD TO CITY OF SEBASTIAN -SEE WARRANTY DEED ON JANUARY 8th 2007 u ev ~n a eon 1 , 1 AS-F RF(-`~ ^~P. rIJA11Alr` AT T LJC IAI TC~CC/'`TIl1A 1 nC TLJC CA~+r nlr+l 1'T i-. r urw~ /l C .v ccr, resr 1 ~ v 1 ~ y 1 1 1 1 1 q / . ., 1 1 . . ., . . ., 1 1 , 1 1 • 1 / •' 1 . BETTINA BOUDROT /CITY OF SEBASTIAN THtS PARCEL SOLD TO CITY OF SEBASTIAN -SEE WARRANTY DEED ON JANUARY 8th 2007 CDC • , THIS PARCEL SOLD TO CITY OF SEBASTIAN -SEE WARRANTY DEED ON JANUARY 8th 2007 ~+ 8hw- 4~ 7~„~Awo ~aFFaAtj~-~@@~ , ~ ~ ~ ~~ THIS PARCEL SOLD TO CITY OF SEBASTIAN -SEE WARRANTY DEED ON JANUARY 8th 2007 Release of Deed Restriction BETTINA BOUDROT /CITY OF SEBASTIAN April 12, 2006 THE NORTH 35' OF LOT 4, BLOCK 3, HARDEE=S SUBDIVISION B, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 74, PUBLIC RECORDS OF ST. LUCIE COUNTY (NOW LR.C.), FLORIDA. In and for consideration of the mutual benefits to the parties, the sufficiency of which is hereby acknowledged, the City of Sebastian, a Florida municipal corporation, does hereby release that certain restriction contained in that warranty deed made by the City of Sebastian as grantor to Bettina Boudrot as grantee dated March 1988 as recorded in OR Book 797 Page 2954 of the Public Records of Indian River county thereby converting the title being conveyed by said deed from fee simple conditional subject to said restrictions to fee simple title. ~~ January 8th, 2007 WARRANTY DEED (Statutory Form -Section 689.02, F.S.) Between Bettina Boudrot and the City of Sebastian The North 5.00 feet of the South 13.00 feet of Lot 4, Block 3, HARDEE SUBDIVISION, NO. B, as recorded in Plat Book 4, Page 74 of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. N.B. THIS IS A CORRECTIVE DEED TO CORRECT SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION CONTAINED IN INSTRUMENT RECORDED IN O.R. BOOK 1946, PAGE 766 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA January 8th, 2007 WARRANTY DEED Between Bettina Boudrot and the City of Sebastian Exhibit "A" PARCEL 1: Lots 3 and 4, less the North 42 feet of Lot 4, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie county, Florida; now lying and being in Indian River County, Florida, and less and except those portions conveyed to the City of Sebastian in O.R. Book 936, page 2133 and O.R. Book 1946, page 766, Public records of Indian River County, Florida PARCEL 2: The South 5 feet of the North 72 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida: AND The South 30 feet of the North 65 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. AND The North 35 feet of Lot 2, Block 3, HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. AND A parcel of land being the North 2.00 feet of the South 23.5 feet of Lot 2, Block 3, ~s HARDEES SUBDIVISION B, according to the Plat thereof as recorded in Plat Book 4, page 74, Public Records of St. Lucie county, Florida; said land now lying and being in Indian River County, Florida, being more particularly described as follows: Beginning at the intersection of the East right of way line of Indian River Drive (60 foot right of way) and the North line of the South 23.5 feet of Lot 2, proceed South 87D36'23" East along said North line a distance of 47.69 feet to a point on the safe upland line (S.U.L.) on the West bank of the Indian River (S.U.L. elevation 0.9 ~N.C.V.D., located on 7/12/88}; thence South •11~D52'05" Ease along the S.U.L. a distance of 2.06 feet to a point being 2.00 feet South of the North line of the South 23.5 feet of Lot 2 when measured perpendicular; thence North 87D36'23" West along a line 2.00 feet South of and parallel to said North line of the South 23.5 feet of Lot 2 a distance of 68.10 feet to a point on the East right of way line of Indian River Drive; thence North OOD26'42" West along said East right of way line a distance of 2.00 feet to the Point of Beginning. January 9th, 2007 WARRANTY DEED (Statutory Form -Section 689.02, F.S.) Between Bettina Boudrot and the City of Sebastian The South 5.00 feet of the North 72.00 feet of Lot 2, Block 3, HARDEE SUBDIVISION, NO. B, as recorded in Plat Book 4, Page 74 of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. N.B. THIS 1S'A CORRECTIVE DEED TO CORRECT SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION CONTAINED IN INSTRUMENT RECORDED IN O.R. BOOK 1946, PAGE 769 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA ~q ho Indian River County, Florida Property Appraiser -Printer Friendly Map Owner CITY OF SEBASTIAN Address 1302 INDIAN RIVER DR Mailing Address 1225 MAIN ST SEBASTIAN Notes Page 1 of 1 7~ http:l/www.rcpaorgJPrintMap.aspx 5/14!2008 Parcel 31390600003003000002.0 Nautical Chart Viewer Page 1 of 1 ~ _ c ~ 1 - c•v+ to west x.. ~~ ~•rm ` ,f„ ~~ ~ ., ~ ~ ttr M7 ?li tii~ _ r. ~ fr i ~ MMM~#klt 1W.4 ~ ~ J ~ l~~ -~. ~ { ~ ~ ~ ~ ~ TY, + fly: t ,~ N ,O! TA ? i1 ~ +x \ ' w ~ ~ ~ t ~7 t#7 _ t ~ +o~ ssh ~ ~s ~ ~ ' ~~ sR +o, x t' ~~ ~~ ~ u ~~ ~ ~ ~ 4t. / ,~ i /1 F ~ 1 ~ ~ k, t? 't ~ i $~ ~ r11Mf-Ali ~ '7~P-'~~ ~ ~ ~ I ~ ~~ tM ~ S ' ~ 11 I k A JpI '` p1 ~ Y} 1 _- tahl~ "n ~` u ~ 74 ~ ,r i ar ~ ~ ~ ~ ~ :. • , 1 ~ '~ ~ ~ ' a••X, 9 ,al ~` ~~ ~ IS y q~ ~ ~ r ~,,,, Q ;: ~ ,r,{ .rw ~~ ~ ~ ~ ~, ~~ fah ,,~ "" ~~' y ~rt3i y ~ ~~ ~ ~` j 8~ "~~~ "~ ~' rWCb~fp , r-~ ~~ a rt ~'+ t+ s~' ~ ~ f y Yllnr ~,: ~ ~ ~r M1~ ~ ~'~ J ~ ss ` j. t i# ~~ +1~ ilat~ 1 a ~ ~+ n +1~ t '~`1M ~''f, ~ tW Y'i st '~, at +w ~~ ~ w~ stp illle a ~ '' ! tap 1 ~ .~ r ~ ~ ~ MawcMf~l1 rs .. r~ ~ «~ ~ ~ "(r ~ tt! ~ t ;.~ 1e a 3 r~r rr J ,x, 73 http://www.oceaugrafi~c.cum(o.glCharts/chartViewer.html?viewRegian=Atlantic&viewChart~Cape-Canave... 5/12/2408 7~ City of Sebastian's Main Street Public Launching Facility Project Elements Quantity Estimated Cost Applicants Cost FIND Cost FFWCC ENGINEERING/ACQUISTION' Purchase w/ closing costs" LS 1 $395,000.00 $395,000.00 $197,500.00 $0.00 Appraisals' LS 1 $6,350.00 $6,350.00 $0.00 $0.00 Preliminary Engineering LS 1 $7,250.00 $7,250.00 $0.00 $3,625.00 Engineering Contract LS 1 $237,000.00 $237,000.00 $0.00 $118,500.00 Administration/Project Management LS 1 $65,000.00 $65,000.00 $0.00 $32,500.00 SUBTOTAL SITE WORK/ROADWAY ACCESS $710,600.00 $378,325.00 $177,650.00 $154,625.00 Mobilization LS 1 $25,000.00 $25,000.00 $12,500.00 $6,250.00 Maintenance of Traffic LS 1 $10,000.00 $10,000.00 $5,000.00 $2,500.00 Silt FencelErosion Control LF 1,850 $1.35 $2,498.00 $2,498.00 $1,249.00 $624.50 Clearing, Grubbing and Grinding AC 2.25 $5 ,000.00 $11,250.00 $11,250.00 $5,625.00 $2,812.50 Remove Existing Concrete SY 815 $2.00 $1,630.00 $1,630.00 $815.00 $407.50 Remove Existing Pavement SY 3,500 $3 .85 $13,476.00 $13,476.00 $6,738.00 $3,369.00 Remove Existing Curbing LF 578 $13.00 $7,514.00 $7,514.00 $3,757.00 $1,878.50 Excavation CY 1000 $3.50 $3,500.00 $3,500.00 $1,750.00 $875.00 Grading SY 17,020 $1.50 $25,530.00 $25,530.00 $12,765.00 $6,382.50 Import Fill (Assume 1.5' east of I.R. Drive) CY 3,222 $10.00 $32,220.00 $32,220.00 $16,110.00 $8,055.00 8" Stabilized Subgrade SY 3,161 $ 2 .15 $6,796.00 $6,796.00 $3,398.00 $1,699.00 6" Rock Base SY 3161 $11.50 $36,352.00 $36,352.00 $18,176.00 $9,088.00 Asphalt 1 1/2" S-1 mod. SY 3,161 $11.50 $85,146.00 $85,146.00 $42,573.00 $21,286.50 F' CurbNaltey Curb LF 1,021 $ 15.00 $15,316.00 $15,316.00 $7,658.00 $3,829.00 D Curb LF 261 $10.50 $2,742.00 $2,742.00 $1,371.00 $685.50 Misc. Concrete {Sidewalks) SF 9090 $3.75 $34,088.00 $34,088.00 $17,044.00 $8,522.00 6" Solid White Paint LF 442 $1 .00 $442.00 $442.00 $221.00 $110.50 6" Solid White Thermo LF 626 $2 .00 $1,252.00 $1,252.00 $626.00 $313.00 ~5 City of Sebastian's Main Street Public Launching Facility Project Elements Quantity Estimated Cost Applicants Cost FIND C ost rrwvv 6" 10'-30' Skip Thermo LF 82 $2 .00 $164.00 $164.00 $82.00 $41.00 6" Solid Yelbw Thermo LF 786 $2 .00 $1,572.00 $1,572.00 $786.00 $393.00 12" Solid White Thermo 24" Solid White Thermo LF 133 $3.00 LF 63 $4 .00 $400.00 $252.00 $400.00 $252.00 $200.00 $126.00 $100.00 $63.00 Tum arrow Straight 8 Tum Arrow Handicapped Man Symbol EA 3 $450.00 EA 1 $550.00 EA 1 $100.00 $1,350.00 $550.00 $100.00 $1,350.00 $550.00 $100.00 $675.00 $275.00 $50.00 $337.50 $137.50 $25.00 Handicapped Sign EA 1 $ 125.00 $124.00 $124.00 $62.00 $31.00 Stop Sign w/ Street Sign EA 3 $200.00 $6pp,Op $600.00 ~.~ $150.00 Do Not Enter Sign EA 2 $ 150.00 $300.00 $300.00 $150.00 $75.00 Keep Right Sign EA 2 $150.00 $3pp,00 $300.00 $150.00 $75.00 Signalized Intersection Modifications (U.S.1) LS 1 $50,000.00 $50,000.00 $50,000.00 $0,00 $25,000.00 SUBTOTAL PARKING $370,464,00 $105,116.00 $160,232.00 $105,116.00 Turf Block SF 11,159 $2.15 $23,992.00 $23,992.00 $11,998.00 $5,998.00 8" Stabilized Subgrade SY 4,243 $2.15 $9,122.00 $9,122.00 $4,581.00 $2,280.50 B" Rock Base SY 4,243 $11.50 $48,784.00 $48,784,00 $24,397.00 $12,198.50 Asphalt 1 1/2" S-1 mod. SY 4,243 $11.50 $48,794.00 $48,794.00 $24,397.00 $12,198.50 F' Curb/Valley Curb LF 204 $15.00 $3,060.00 $3,060.00 $1,530.00 $765.00 D ~~ LF 785 $10.50 $8,242.00 $8,242.00 $4,121.00 $2,060.50 Misc. Concrete (Sidewalks) SF 2,639 $3 .75 $9,896.00 $9,896.00 $4,948.00 $2,474.00 6" Solid White Paint LF 1,971 $1.00 $1,970.00 $1,970.00 $985.00 $492.50 6" Solid White Thermo LF 160 $2 .00 $320.00 $320.00 $160.00 $80.00 12" Solid White Thermo LF 207 $3.00 $622.00 $822.00 $311.00 $155.50 18" Solid White Thermo LF 375 $3.50 $1,312.00 $1,312.00 $658.00 $328.00 24" Solid White Thermo LF 72 $4.00 $288.00 $288.00 $144.00 $72.00 ~~ 2 • City of Sebastian's Main Street Public Launching Facility Project Elements Quantity Estimated Cost A Iicants Cost PP FIND Cost FFWC C Straight & Tum Arrow EA 4 $ 550.00 $2,200.00 $2,200.00 $1 100 00 $550 00 , . . Straight arrow EA 3 $450.00 $1,350.00 $1,350.00 $675 00 $337 50 . . Handicapped Man Symbol EA 2 $100.00 $200.00 $200.00 $100 00 $50 00 . , Handicapped Sign EA 2 $125.00 $250.00 $250.00 $125 00 $62 50 . . ved for small boat trailer <17' boat sign EA 3 $125.00 $376.Op $376.00 $188 00 $94 00 . , 3p Right Sign EA 2 $150.00 $ 300.00 EA 2 $150.00 $300,00 $300 ~ $150 00 $75 00 . . Stop Sign w/ Street Sign EA EA 4 $200.00 $800.00 $800.00 $400.00 $200.00 SUBTOTAL $161,888.00 $40,472.00 $80,944.00 $40,472.00 WATER/SEWER/RESTROOMS Force-main tapping sleeve EA 1 $2,500.00 $2,500.00 $2,500,00 $0.00 $1,250.00 Force-main Fittings LS 1 $3,500.00 $3,500.00 $3,500.00 $0 00 $1 750 00 . , . Lift-Station (Private)' LS 1 $85,000.00 $65,000.00 .$85,000.00 $0 00 $32 500 0 . , . 0 4" DR 18 PVC Force-Main LF 37 $15.00 $555.00 $555.00 $0 00 $278 . .00 6" DR 18 PVC Sewer LF 290 $25.00 $7,250.00 $7,250.00 $0.00 $3,625.00 Sanitary Sewer Manhole EA 1 $2,100.00 $2,100.00 $2,100.00 $0 00 $1 050 00 . , . Sanitary Sewer Cleanout EA EA 2 $250,00 $500.00 $500.00 $0.00 $250.00 Exist. F.M. /Conflicts LS 1 $15,000.00 $15,000.00 $15,000.00 $0.00 $7,500.00 Water Service FJ- EA 1 $500.0 $500.00 $500,00 $0.00 $250.00 RPZ Backflow Preventor EA 1 $1,500.00 $1,500.00 $1,800,00 $0.00 $750,00 Exist. W.M. /Conflicts LS 1 $15,000.00 $15,000.00 $15,000.00 $0.00 $7,500.00 Fire Hydrant EA 1 $3,500.00 $3,500.00 $3,500,00 $1.750.00 $875.00 Turtle Lighting LS 1 $7,500.00 $7,500.00 $7,500.00 $3,750.00 $1,875.00 Navigation Signage EA 2 $500,00 $1,000.00 $1,000,00 $500 00 $25 . 0.00 Restroom Facilities LS 1 $100,000.00 $100,000.00 $100,000.00 $0 00 $50 000 . , .00 Educational Kiosk LS 2 $6000 $12,000.00 $12,000.00 $0.00 $6,000.00 Electric (Budget) LS 1 $20.000.00 47n nnn nn ~ ........... .... _ . _ 3 ~~ City of Sebastian's • ~ Main Street Public Launching Facility Protect Elements Quantiri Estimated Cost Applicants Cost FIND Cost FFWCC Construction Survey Layouts 8 As-Builts LS 1 $10,000.00 $10,000.00 $10,000.00 $5,000.00 $2,500.00 Construction Testing LS 1 $7,500.00 $7,500.00 $7,500.00 $3,750.00 $1,875.00 SUBTOTAL $274,905.00 ;125,077.00 $24,750.00 $125,078.00 Contingency 10% $86,500.00 $86,500.00 $0.00 $0.00 SUBTOTAL $86,500.00 $86,500.00 $0.00 10.00 In-Kind Non-Cash LS 1 $180,000.00 $180,000.00 $0.00 $0.00 SUBTOTAL 1180,000.00 $180,000.00 $0.00 $0.00 TOTALS 51,784,357.00 $915,490.00 $443,576.00 $425,291.00 i ~g 4 FISH A,y,~ ~~e~ ~~~`~-~m 4 ~3~.`~ g4: ~ 2n ,t C "7,~ ~ ,,,~' p ~ ~ SQL . ,~~~. N1 ~TION GOCl` Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section Florida Boating Improvement Program 620 South Meridian Street Tallahassee, FL 32399-1600 Tel: (850) 488-5600 Fax: (850) 488-9284 E-mail: FBIP~MvFWC.com Florida Boating Improvement Program Guidelines January 2008 Permission is granted for duplication, use and reuse of any and all information contained in this document. ~a TABLE OF CONTENTS SECTION I - IlVTRODUCTION.......»........»»»..........».........»..» .................»..................».».......»...»........»»...»..............»» 1 1.1 PURPOSE ...................................................................................................................................................................1 1.2 FLORIDA BOATING IMPROVEMENTPROGRAM (FBiP) - TIER I ............................................................................1 13 FLORIDA BOATING IMPROVEMENTPROGRAM (FBIP) - TIER II ..........................................................................1 SECTION II -DEFINITIONS..».»».....»».....»».....»»»..»........».»»»»».»».......»....»......»»...»».».....» ...............».»...........»..2 SECTION III - ELIGIBILTI'Y .» ...............»........».»....»........»...»....».....».......»....».....».............»..........»......»........».»...»..3 3.1 ELIGIBLE PARTICIIANTS FORTIER I ...................................................................................................................... 3 3.2 ELIGIBLE PARTICIPANTS FOR TIER II .................................................................................................................... 3 SECTION IV -FUNDING »»....»»»».».....»»....... .».»».».........»......» ....................».»......»..........»».»»..»».»»»»»».»..3 4.1 SOURCE OF FUNDS ................................................................................................................................................... 3 4.2 ELIGIBLE USES OF TIER I FUNDS ............................................................................................................................4 4.3 ELIGIBLE USES OF TIER II FUNDS ........................................................................................................................... 5 4.4 INELIGIBLE USES OF PROGRAM FUNDS .................................................................................................................. b 4.5 MATCHING FUND REQUIItEMENTS: CASH I' l~ ................................................................................................. 6 4.6 MATCHING FUND REQUIREMENTS: NON-CASH FUNDS (IN-KIND SERVICE) ........................................................ 7 4.7 ADVANCED FUNDS ................................................................................................................................................... 7 4.8 PRttr-AwARDCosTS .................................................................................................................................................7 4.9 PHASED PROJECTS ................................................................................................................................................... 8 4.10 APPROPRUTION .......................................................................................................................................................8 4.11 DISTRIBUTION OF FUNDS ......................................................................................................................................... 8 SECTION V -APPLICATION PROCESS.._........»»».......»,.»...,.,,,_,»,»..» ...................».»».»....».»..»».»....»..........»......» 9 5.1 SUBMISSION PERIOD ................................................................................................................................................9 S.2 SUBMISSION ADDRESS ............................................................................................................................................. 9 53 APPLICATION FORM AND INSTRUCTIONS ............................................................................................................... 9 5.4 COVER LETrER ......................................................................................................................................................10 5.5 RESOLUTION ..........................................................................................................................................................10 S.6 CHECIn.IST (ATTACHl-4ENTS) ...............................................• ..................10 .............................................................. 5.7 APPLICATION NUMBER ..........................................................................................................................................10 S.8 INCOMPLETE APPLICATIONS .................................................................................................................................10 5.9 RESUHMLSSIONS .....................................................................................................................................................14 5.10 EVALUATION CRITERIA .........................................................................................................................................11 5.11 EVALUATION COMMrrrEE .................................................................................................................................... 11 5.12 MIIHIMUM$CORE ...................................................................................................................................................11 5.13 GRANT AVYARDS ....................................................................................................................................................11 SECTION VI -AGREEMENT.»..»..»»..»..»»......».»...........»»...........»»»»»..»»......»..»......»...».»..».».».....».»»..........»....11 6.1 GRANT AGREEMENT ..............................................................................................................................................1 1 6.2 TERM OF AGREEMENT ..........................................................................................................................................12 63 EXECUTION OF AGREEMENT .................................................................................................................................12 6.4 AGREEMENT FUNDING ..........................................................................................................................................12 SECTION VII -COMPLIANCE REQUIREMEIVTS.»...»»..».»»...».........».».»........».......»»»..»»...........»»...».»».......»..12 1.1 Purpose The Florida Fish and Wildlife Conservation Commission (Commission) pursuant to Sections 206.606 and 327.47, F.S., is charged with providing funding through competitive grants for projects designed to serve the needs of boaters and boating-related activities on coastal and/or inland waters within the State. General provisions, requirements, and information stated herein, together with attachments, and applicable laws and rules, incorporated herein by reference, constitute the program guidelines of the Florida Boating Improvement Program (FBIP). 1.2 Florida Boating Improvement Program (FBIP) -Tier I FBIP - Tier I is established in accordance with ss. 206.606(1)(b)3., F.S., to fund local projects for recreational channel marking and other uniform waterway markers, public boat ramps, lifts, and hoists, marine railways, and other public launching facilities, derelict vessel removal, and other local boating-related activities through a competitive grants program. This section further provides that priority consideration be given as follows: ^ Unmet needs in counties with populations of 100,000 or less. ^ Unmet needs in coastal counties with a high level ofboating-related activities from individuals residing in other counties. FBIP - Tier I is divided into four project type categories: Recreational Waterway Markers, Recreational Boating Access, Derelict Vessel Removal, and Other Boating- related Projects. 13 Florida Boating Improvement Program (FBIP) -Tier II FBIP -Tier II is established in accordance with section 327.47, F.S., to fund projects through a competitive grant program for the construction and maintenance of publicly owned boat ramps, piers and docks, boater education and economic development initiatives that promote boating in the state. In addition, FBIP -Tier II includes a competitive grants program for public launching facilities established in accordance with section 328.72(15), F.S. FBIP -Tier II is divided into four project type categories: Boat Ramps, Piers, and Docks; Public Launching Facilities; Boater Education; and Economic Development Initiatives. Page 1 of 13 8~ The following definitions are provided for further explanation of terms stated herein and shall have the.meanings indicated which are applicable to both the singular and plural thereof: AGREEMENT: Written document under which the Recipient and Commission mutually agree to cant' out respective responsibilities for a fixed period, unless amended by mutual consent. AGREEMENT PERIOD: Number of days or the dates stated in the Agreement to complete the Project. APPLICANT: Eligible participant that submits an Application for Program Funds to the Commission during an announced Application Submission Period. APPLICATION: A formal request for Program funds by an Applicant on the form approved by the Commission and with required documentation. APPLICATION SUBMISSION PERIOD: The formally announced period of time provided by the Commission for the submission of Applications by eligible participants for Program Funds. BOARDING DOCKS: A fixed, floating, or ad}ustable structure extending parallel to the launch ramp and designed to permit mooring of a watercraft in such a way as to facilitate boarding or exiting the craft. BOAT RAMP (PUBLIC LAUNCHII~TG FACILITY: A graded and surfaced slope consisting of one or more launching lanes constructed of concrete, timber, or asphalt, which is extending from the shoreline into the body of water and partially above and below the water surface. It is designed to accommodate launching or retrieving a boat from or to a trailer. Includes, at the very minimum, a ramp, parking, boarding dock, access road and sanitation. CONIlVIISSION: Florida Fish and Wildlife Conservation Commission. DOCKS (PIERS): A fixed or floating structure, including access walkways, terminal platforms, catwalks, mooring pilings, lifts, davits, and other associated water-dependent structures used for mooring and accessing vessels. MARINA: Licensed commercial facility which provides secured public moorings or dry storage for vessels on a leased basis. PROGRAM ADMIlVISTRATOR: The Commission's staff member designated by the . Director, Division of Law Enforcement, to manage the Florida Boating Improvement Program. PROGRAM FUNDS: Funds appropriated for the Florida Boating Improvement Program as specified in Sections 206.606 and 370.0603, Florida Statutes. Page 2 of 13 ~~ PROJECT: Components} designed to provide additional or enhanced boating access that meet criteria. PROJECT COMPLETION CERTIFICATION: Fonn completed by the Recipient certifying that the Project is completed in accordance with the Agreement. RECIPIENT: The Applicant that has been awarded Program funds and party responsible for completing the project and the operation and maintenance of the site. RECREATIONAL CHANNEL MARI~NG: Labor and materials to provide and install any device external to a vessel intended to assist a mariner to determine position or safe course, warn of dangers or obstructions to navigation, .or to alert the mariner of various regulatory matters. RURAL AREA OF CRITICAL ECONOMIC CONCERN: A region composed of rural communities adversely affected by extraordinary economic events, meet the criteria stipulated in Section 288.0656, Florida Statutes, and designated as established by Executive Order. SECTION III -ELIGIBILITY 3.1 Eligible Participants for Tier I Eligible participants for Tier I shall include county governments .and municipalities of the State of Florida. Municipalities in the counties.that meet criteria stipulated for priority consideration in Tier I shalt also be given priority consideration. Counties must submit an annual detailed accounting report of vessel registration revenues to the Fish and Wildlife Conservation Commission as required in Section 328.72(15), Florida Statues, to be eligible for priority consideration in Tier I. 3.2 Eligible Participants for Tier II Eligible participants for Tier II shall include county governments, municipalities, and other governmental entities of the State of Florida. SECTIOV IV-FL'\DI?~G 4.1 Source of Funds FBIP - Tier I projects are funded pursuant to ss. 206.606(1)(b) I ., F.S., from a portion of the funds collected from fuel sales tax that is transferred to the State Game Trust Fund. FBIP -Tier II projects are funded pursuant to section 206.606(1)(d}, F.S., from a portion of the moneys attributable to the sale of motor and diesel fuel at marinas transfer ed to the Marine Resources Conservation Trust Fund in the Fish and Wildlife Conservation Commission. Page 3 of 13 83 FBIP -Tier II public launching facility grants are funded from a portion of vessel registration fees transferred to the Marine Resources Conservation Trust Fund in the Fish and Wildlife Conservation Commission pursuant to section 328.72(15), F.S. 4.2 Eligible Uses of Tier I Funds Only those funds necessary for the planning, design, engineering, permitting, development, new construction, expansion or rehabilitation of projects statewide on coastal and/or inland waters that enhance recreational boating for motorized vessels through projects that include: Recreational channel marking and other uniform waterway markers: ^ Costs associated with the installation, repair, or replacement of signs or buoys marking an FWC permitted boating restricted zone. ^ Costs associated with the installation, repair, or replacement of permitted signs or buoys marking achannel to/from a recreational boating access facility. ^ Costs associated with the installation, repair, or replacement of permitted signs or buoys which provide information to recreational boaters (other than aids to navigation). Public boat ramps, lifts, hoists, marine railways, and other public launching facilities: ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance a publicly owned boat ramp, lift, hoist, or marine railway for recreational boaters. ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance amenities at a public launching facility. Eligible amenities include boarding docks, staging areas, restrooms, trailer parking, access roads, and educational kiosks. Derelict vessel removal: ^ Costs for the removal and disposal of derelict vessels as defined in section 823.1 1, Florida Statutes. A sworn law enforcement officer must determine a vessel meets the definition in statute to be eligible for removal. ^ Only vessels that are located on the public waters of the state may be removed with grant funds. Other local boating-related activities: ^ Costs associated with projects that increase or enhance boating access for recreational boaters. ^ Costs associated with projects that improve boater safety, boater education, or boater understanding of waterway regulations. Page 4 of 13 8'~ ^ Costs associated with research, studies, or planning to determine the need for additional boating access or improvements. 43 Eligible Uses of Tier II Funds Only those funds necessary for the planning, design, engineering, permitting, development, new construction, expansion or rehabilitation of projects statewide on coastal and/or inland waters that enhance boating access for motorized vessels through projects that include: Publicly owned boat ramps, piers and docks: ^ Costs associated with the design, engineering, permitting, and construction to build, repatr, or enhance a publicly owned boat ramp. ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance apublicly-owned marina, mooring field, or dry storage facility. ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance amenities at a publicly owned boat ramp. Eligible amenities include boarding docks, staging areas, restrooms, trailer parking, access roads, and educational kiosks. ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance amenities at a publicly-owned marina. Eligible amenities include utilities hook-ups, restrooms, access roads, and educational kiosks. Public launching facilities: ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance apublicly-owned boat ramp, lift, hoist, or mazine railway. ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance amenities at a public launching facility. Eligible amenities include boarding docks, staging areas, restrooms, trailer parking, access roads, and educational kiosks. Boater education: ^ Costs associated with projects that will increase public knowledge of boating issues by generating materials for distribution, educational programs, or displays. Economic development initiatives that promote boating in the state: ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance publicly-owned boating access facilities used exclusively or primarily for commercial activities. Page 5 of 13 ~~ ^ Costs associated with the design, engineering, permitting, and construction to build, repair, or enhance publicly-owned mooring facilities that provide public access to retail and commercial establishments. ^ Costs associated with research, studies, or planning to determine the need for additional boating access or improvements. 4.4 Ineligible Uses of Program Funds Program Funds for both Tier-I and Tier-II will not be awarded for projects that do not directly relate to the enhancement of boating or boating access within the state. Costs listed below are not eligible for reimbursement under this Program: ^ Costs for the construction or repair of any facilities not directly related to boating access (such as picnic areas, trails, fishing piers, general parking areas for picnic areas, restrooms for picnic areas, etc.) ^ Application preparation costs. This includes overhead, payroll, salaries or accounting costs. ^ Costs related to the acquisition of real property. ^ Costs for any legal fees. ^ Costs associated with ordinary operation, maintenance or routine minor repairs of the proposed project. This includes costs to provide power, water or sewer or any other utilities or services to the facility for the stipulated length of the 20-year Agreement. ^ Costs expended for any type or form of security activities, watchmen, fee collection, maintenance or other personnel costs. ^ Costs associated with the acquisition or use of any type of equipment such as park equipment, vehicles, lawn care, dredge, or other capital equipment purchases used for operation and maintenance of the existing or completed project area. ^ Costs associated or directly related to a component of a project that would create or increase a boating safety hazard. ^ Costs for any type of general business, marketing or promotional plans. 4S Matching Fund Requirements: Cash Funds Applicants do not have to provide cash matching funds to the project. However, the Commission encourages Applicants to provide the highest amount of cash matching funds to reduce the total amount of grant funds requested. Cash matching funds may be in the form of the following: ^ Services paid for by the Applicant for master plan or other engineering and/or consultant services. Page 6 of 13 8~ ^ Construction expenditures paid for by the Applicant. ^ Other expenditures paid by the Applicant directly related to boating access and not listed as ineligible costs. Applicants are encouraged to seek other sources of cash matching funds from other state or local grants to help leverage the maximum amount of grant funds available. However, Applicants cannot use funds from their Boating Improvement Program (funds collected from boat registration fees) as cash matching funds for projects funded by Tier II. Applications for projects that are within Rural Areas of Critical Economic Concern, as established by Executive Order, will be given additional consideration by automatically being assigned the maximum points for Matching Funds in the Evaluation Criteria (Attachment I). 4.6 Matching Fund Requirements: Non-Cash Funds (In-kind Service) Applicants must identify and agree to furnish some form of in-kind matching funds to the project. Non-cash matching funds include the cost of administrative/contract management, engineering/construction management, labor, materials, and equipment provided through in-house resources of the Applicant. Applicants may not provide more than 5% of the total project cost for project administration and 10% of the total project cost for project engineering/construction management. 4.7 Advanced Funds The Commission will not a rove a re uest for an advance in Pro ram Funds. The Recipient must have the financial capability to process invoices and make timely payments to contractors, vendors, etc. pending receipt of Program funds for reimbursement of project expenses. 4.$ Pre-Award Costs Project costs will not be approved for any portion of a project initiated or completed prior to the award of the Agreement, unless specifically requested by the Applicant and pre- approved by the Commission and a provision included in the Agreement. Preliminary costs may include any of the following activities completed before signing the Agreement: Appraisals, environmental reviews and permitting, feasibility studies, site surveys and site planning, cost estimates, and working drawings, construction plans and specifications. Page 7 of 13 ~~ 4.9 Phased Projects Applications for large projects may be submitted in phases, over several years, to maximize funding; however, funding for an initial phase does not guarantee funding for subsequent phases. 4.10 Appropriation The Commission's performance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. 4.11 Distribution of Funds Pursuant to Legislative appropriation, each fiscal year, funds from each source will be distributed equally between project type categories as shown in the table below: State Game Trust Marine Resource Marine Resource Fund -Fuel Tax Conservation Trust Conservation Trust Funds Fund -Marina Fuel Fund -Vessel Tax Funds Re istration Fee Recreational Waterwa Markin 25% of appropriation Recreational Boating Access 25% of appropriation Derelict Vessel Removal 25% of appropriation Other Boating-related Pro'ects 25% of appropriation Boat Ramps, Piers and Docks 50% of a ro nation pP p Public Launching 100% of Facilities a ro riation Boater Education 25% of a ro riation Economic Development 25% of appropriation Initiatives After ranking and awarding projects in each project type category, any remaining funds in each project type category will be reallocated equally among other project types within the same funding source. The Commission will make every effort to maximize funding through possible redistribution within project type categories of unexpended funds, use of additional Page 8 of 13 8~ funding sources, and advising Applicants on methods to submit large projects in phases to maximize possible funding. 5.1 Submission Period The Commission will announce the application submission period in the "Florida Administrative Weekly" before February 1 of each year. Applications must be submitted within 60 days after the announcement date or by the deadline in the announcement, whichever is later. The application submission period will also be announced on the Web at httn://MvFWC.com/boating/grants/fbip htm. The Commission will also notify eligible participants who have contacted the Commission. The Commission may announce additional application submission periods if funds become available after the initial submission period. Applications submitted after the submission period deadline will be returned to the applicant. 5.2 Submission Address Applicants must deliver applications on or before the last day of the announced submission period(s), no later than the close of business to the following address: Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street, Room 235 Tallahassee, Florida 32399-1600. 5.3 Application Form and Instructions Applicants must submit applications on the FBIP Application Forms (FWC/FBIP-A through FWC/FBIP-E) incorporated herein by reference. The FBIP Application Forms and Instructions may be obtained from the Commission's Web site, httn://MyFWC.com/boating/~rants/fi~ip htm. Instructions will include how to complete the application and the convect format for submission in order for the application to be considered complete. The Applicant shall submit a hard (paper) copy, as well as an electronic version The correct number of copies, as indicated on the Application Form and Instructions, must be submitted or the Application may be rejected. All sections of the Application and required attachments and/or documentation must be completed. Information not included in the application ~ result in the application being rejected. Page 9 of 13 g9 5.4 Cover Letter A cover letter must accompany the original application(s), addressed to the Program Administrator, requesting consideration of the project(s), identifying the priority of multiple projects, and any other pertinent information. 5.5 Resolution Applications must include an adopted Resolution by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. Approved motions, consent agenda items, or any other form of authorization will not be accepted. 5.6 Checklist (Attachments) An Application Submission Checklist is included as part of the Application and Instructions (Attachment 1I) to assist the Applicant with submission of all required documentation and attachments. 5.7 Application Number Upon closing of the application submission period, Commission staff will assign a Grant Application Number and outline the review process in an acceptance letter back to each Applicant. Grantees will use this Grant Number for all future correspondence regarding that Application and/or Project. 5.8 Incomplete Applications Applications will be reviewed for completeness and compliance to the program guidelines and all applicable statutes and rules. The applicant will be notified by email of any portion that is considered by the Commission to be in noncompliance and given an opportunity within a specified time period to provide the necessary information or documentation. Failure to provide the requested information or documentation within this time period will result in the application not being considered for funding. 5.9 Resubmissions If a project is not selected for funding in a given fiscal year, a new application must be submitted. Projects previously approved, but funds were not expended during the Agreement period, cannot be resubmitted until a new submission period is announced. Page 10 of 13 qb 5.10 Evaluation Criteria An eligible Application will be evaluated according to the Evaluation Criteria, incorporated herein as Attachment I, for each project type category. The maximum score for each factor and element is indicated in parenthesis Q. An Evaluation Committee will assign a total point score for each Application. 5.11 Evaluation Committee The Evaluation Committee shall be comprised of the FBIP Program Administrator and no more than six (6) evaluators, appointed by the Director of the Division of Law Enforcement. Each evaluator will review and assign a score to each application based on the Evaluation Criteria found in Attachment I. The final score for each application will be the average of the individual evaluator's scores. The FBIP Program Administrator will serve as chair of the Committee, but will not assign a score to the applications. 5.12 Minimum Score An application must receive a minimum of 60 percent of the total score possible to be eligible for funding. The minimum score for each tier is listed below: Tier I = 96 points minimum Tier II = 60 points minimum 5.13 Grant Awards Complete Applications that meet the minimum required score for each Tier will be ranked on a list by project type category in descending order according to total assigned points. Grants will be awarded to the higher ranking Applications in each project type category until all funds have been awarded. 6.1 Grant Agreement Upon approval of a project for funding, the Recipient and the Commission shall enter into a Grant Agreement. This Grant Agreement will describe the responsibilities of both parties, terms and conditions particular to each project, and incorporate applicable statutes, rules, and policies. Unless otherwise specified herein or in the Agreement, a project may not commence until the Grant Agreement is fully executed by all parties. Page 11 of 13 ~~ 6.2 Term of Agreement The Agreement, unless modified by mutual consent of both parties, shall bind the parties for a period of 20 years or as stipulated in the Agreement. 63 Execution of Agreement Upon receipt of the Agreement from the Commission, the Recipient must sign the Agreement and return it to the Commission within 90 days. Failure to execute the Agreement within the 90-day period will render the grant null and void. 6.4 Agreement Funding The Agreement will specify if the project will be funded by State of Florida program funds or federal funds administered by the Commission, and all applicable requirements. SECTIOti VII - COMPLL~NCE RI:QL IRE~tE\T 7.1 The project must comply with all local, state, and federal regulations, including the Manatee Protection Plan, if applicable. 7.2 Failure to complete the project and make final payment request to the Commission within the stipulated period will result in project termination and possible Loss of Program funds. 7.3 The Recipient shall inform the Commission staff of any changes or time delays incurred with the project, and provide at least 60 days notice if delays may require an amendment to the Agreement. 7.4 The Recipient must agree to provide, for the period of the Agreement, any and all costs for ordinary and routine operations and maintenance of the facilities that were funded in whole or in part through this Program, including equipment or service, and supplies costs. 7.5 The Recipient must agree to comply with all local and state laws related to procurement for any labor, equipment, materials, facilities, construction and other services related to the project funded. 7.6 The Commission reserves the right to review and approve any and all fees proposed for grant project sites, funded in whole or in part by this Program, for the term of the Agreement to ensure that excess collection does not occur and that funds collected are not reallocated or diverted to any non-boating access related purpose. 7.7 The Recipient shall ensure, to the maximum extent possible, that facilities or programs funded, in whole or in part by Program funds, are made available to the general public without regard to race, creed, color, national origin, age, sex, or disability. Page 12 of 13 9~. 7.8 Public information produced with assistance from this Program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. 7.9 Work shall begin or project initiated within 90 days of execution of the Agreement, unless delay is of no fault of the Recipient, or the Ageement shall be cancelled. 7.10 The Recipient shalt make every effort to avoid cost overruns on a project. If the total cost of the project exceeds the grant amount and match, the Recipient shall assume liability for any additional cost. 7.11 The Recipient, at its expense, shall purchase, erect and maintain a permanent sign, not less than four (4) feet by six (6) feet in size, displaying the Commission's official logo for launching projects, or shall attach a permanent plaque for marine projects, or use some other manner of acknowledgement for non-construction projects, approved by the Commission, identifying the Florida Boating Improvement Program as a funding source for the Project. 7.12 Land owned by the Recipient that is developed with funds from this Program shall be dedicated for a minimum of twenty (20}years as a site for the use and benefit of the public. The dedication shall be recorded in public property records by the Recipient. Land under control other than by ownership by the Recipient (i.e. lease, management agreement, cooperative agreement, inter-local agreement or other similar instrument) and developed with funds from this Program shall be managed by the Recipient for a minimum period of twenty (20) years from the completion date of the Project. 7.13 The Recipient shall forward one copy of any bid package to the Commission's Program Administrator for review prior to soliciting for quotations or commencing any work. 7.14 A Grant Agreement may be terminated and Program Funds returned to the Commission for non-compliance with any of the terms of the Agreement or the rule and con'esponding guidelines. Page 13 of 13 ~3 Florida Boating Improvement Program Guidelines Attachment I-A Evaluation Criteria for Tier-I Category I -Project Evaluation Recreational Channel Markings (80) Points 1. Does the project correct or prevent a navigation problem? (30) 2. Does the project promote boating safety or boater understanding of waterway regulations? (30) 3. Does the project mark a new or previously unmarked boating restricted zone? (20) 4. Does the project replace markers destroyed by hurricane, or replace markers that were posted over five years prior to application? (15) Public Launching Facilities (80) Points 1. Does the project increase or enhance boating access for recreational boaters? (30) 2. Does the project provide a new recreational boating access facility in an area where a documented need has been identified? (30) 3. Does the project increase recreational boating access at an existing facility (includes additional boat ramp lanes, more trailer parking, etc.)? (20) 4. Dces the project provide adequate parking and additional amenities such as restrooms? (20) Derelict Vessel Removal (80) Points 1. Does the project improve recreational boating access by removing derelict vessels that pose a threat to navigation? (30) 2. Does the project remove derelict vessels that pose a threat to the environment? (20) 3. Has a reasonable attempt been made to identify vessel owners and to have the owners remove their vessels? (20) 4. Does the project provide for derelict vessels to be used in the construction of permitted artificial reef sites or recycled as scrap metal? (10) Other Local Boating Related Activities (80) Points I . Does the project increase boating access or enhance boating for recreational boaters? (30) 2. Does the project improve boater safety, boater education or boater understanding of waterway regulations? (20) 3. Does the project use innovative or creative techniques to increase boating access or enhance recreational boating? (20) 4. Does the project have clearly defined tasks, goals, and deliverables that will enhance recreational boating? (l 0) Page 1 of 4 ~~ Florida Boating Improvement Program Guidelines Attachment I-A Category II: General Evaluation Criteria 1. Grant provides for unmet needs in counties with populations of 100,000 or less. (15) 2. Grant provides for unmet needs in coastal counties with a high level ofboating-related activities from individuals residing in other counties. (15) 3. Priority rank for multiple applications for Tier-I funding submitted by the same applicant. (5} a. Only one Tier I application submitted. (5) b. First priority rank of multiple applications. (3) c. Second priority rank of multiple applications. (2) d. Third priority rank and lower of multiple applications. (0) 4. A detailed cost estimate is submitted in the form of a formal bid's schedule of values, a bona fide vendor's quote or an engineer's cost estimate. (10) 5. Total project cost (grant request plus matching funds) is ... (l 0) a. $200,000 or less. (10) b. Greater than $200,000 and less than or equal to $400,000. (5) c. Greater than $400,000. (0) 6. Matching Funds (10) a. Requested grant is 25% or less of total project cost. (10) b. Requested grant is greater than 25% and less than or equal to 75% of total project cost. (5) c. Requested grant is greater than 75% of total project. cost. (0) 7. Project Permitting Status (15) Points a. All permits for the project have been obtained. (15) b. Project is for permitting and engineering cost only; a permit waiver letter is submitted; or project type does not require permits. (10) c. Permits are required for project and permits have been applied for but not approved. (5) d. Permits are required for project and permit applications have not been submitted. (0) Tie-Breaker System If two or more Applications receive the same score as a result of the above scoring process, the following tie-breaker system will be used in the order listed to decide the priority ranking: 1. The Application submitted is for a project located in a county having a population of 100,000 or less, or a coastal county with a high level of boating related activities from individuals residing in other counties. 2. The Applicant having received the lowest amount of program funds during the previous three fiscal years receives the highest priority. 3. Applications submitted by counties, or municipalities within counties, with the highest number of registered vessels for the year prior to the grant period. Page 2 of 4 q5 Florida Boating Improvement Program Guidelines Attachment I-B Evaluation Criteria for Tier-II Category I -Project Evaluation Boat Ramps, Piers, Docks and Other Mooring Facilities (50) 1. Does the project increase or enhance boating access? (20) 2. Does the project provide a new boating access facility in an area where a documented need has been identified? (20) 3. Dces the project increase boating access at an existing facility (includes additional boat ramp lanes, in-water slips, dry storage, mooring buoys, more trailer parking, etc.)? (l 0) 4. Does the project provide adequate parking and additional amenities such as restrooms, pump-outs, fueling stations, etc.? (10) Public Launching Facilities (65) 1. Does the project increase or enhance boating access? (20) 2. Does the project provide a new boating access facility in an area where a documented need has been identified? (20) 3. Does the project increase boating access at an existing facility (includes additional boat ramp lanes, more trailer parking, etc.)? (10) 4. Does the project provide adequate parking and additional amenities such as restrooms? (10) 5. Is the project located in a county with 35,000 or more registered vessels? (15) Boater Education (50) 1. Will the project increase public knowledge of boating issues or boater understanding of waterway regulations? (20) 2. Is the project aimed at an appropriate target audience using an appropriate delivery method? (10) 3. Does the project use innovative or creative techniques or create a pilot project which may be used statewide? (10) 4. Does the project incorporate boater safety education with resource protection? (5) 5. Does the project have clearly defined goals, tasks, and deliverables that will improve boater education? (5) Economic Development Initiatives (50) I . Dces the project provide economic benefits and promote boating? (20) 2. Does the project improve or enhance a designated Working Waterfront? (15) 3. Is the project located in a designated Rural Area of Critical Economic Concern? (5) 4. Does the project have clearly defined goals, tasks, and deliverables that will enhance boating? (10) Page 3 of 4 9~ Florida Boating Improvement Program Guidelines Category II: General Evaluation Criteria Attachment I-B 1. Priority rank for multiple applications for Tier-II funding submitted by the same applicant. (5) a. Only one Tier II application submitted. (5) b. First priority rank of multiple applications. (3) c. Second priority rank of multiple applications. (2) d. Third priority rank and lower of multiple applications. (0) 2. A detailed cost estimate is submitted in the foam of a formal bid's schedule of values, a bona fide vendor's quote or an engineer's cost estimate. (10) 3. Total project cost (grant request plus matching funds) is ... (10) a. $200,000 or less. (10) b. Greater than $200,000 and less than or equal to $400,000. (5) c. Greater than $400,000. (0) 4. Matching Funds (10) a. Requested grant is 25% or less of total project cost. (10) b. Requested grant is greater than 25% and less than or equal to 75% of total project cost. (5) c. Requested grant is greater than 75% of total project cost. (0) 5. Project Permitting Status (15) Points a. All permits for the project have been obtained. (IS) b. Project is for permitting and engineering cost only; a permitwaiver letter is submitted; or project type does not require permits. (10) c. Permits are required for project and permits have been applied for but not approved. (5) d. Permits are required for project and permit applications have not been submitted. (0) Tie-Breaker System If two or more Applications receive the same score as a result of the above scoring process, the followingtie-breaker system will be used in the order listed to decide the priority ranking: 1. The Applicant having received the lowest amount of program funds during the previous three fiscal years receives the highest priority. 2. The application submitted is for a project located within a Rural Area of Critical Economic Concern as defined in the Policies and Guidelines. 3. Applications submitted by counties, or municipalities within counties, with the highest number of registered vessels for the year prior to the grant period. Page 4 of 4 q~