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01142009
~~~ E~~~ T~N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 14, 2009 - 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 Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the Ciry Council -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER SIMCHICK 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER SIMCHICK 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 require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Proclamations and Awards 09.001 i. Plaque -Employee of the Year for 2008 -Wanda Webb 09.002 ii. Certificate -Cindy Falco for Parks & Recreation Committee Service 09.003 iii. Certificate -Jim Slattery for Natural Resources Board Service o9.ooa iv. Certificates -Thomas Burke, Dwight Trout, Todd Klitenic for Citizens Budget Review Advisory Board Service 09.005 v. Certificates - GFWC Sebastian Junior Women's Club, Sebastian Property Owners Association, Sebastian River Area Chamber of Commerce, and Sebastian Police Volunteers for 2008 Christmas Parade 09.006 vi. VFW -Presentation of Community Services Award to Sebastian Police Department B. Brief Announcements 8. ITEMS CARRIED FORWARD FROM DECEMBER 10, 2008 REGULAR MEETING 08.121/09.007 A. Review Resolution No. R-08-09 Meeting Procedures (City Clerk Transmittal, R-08-09) 1-8 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. s-2o A. Approval of Minutes - 12/10/08 o9.oos B. Authorize Appropriation of $34,216 from Local Option Gas Tax Funds to Florida East 21-4s Coast Railway for Barber Street Railroad Crossing Rehabilitation (Public Works Transmittal, Letter, 1984 Agreement) 09.009 C. Approve Police Department Forfeiture Fund Expenditure in the Amount of $9,000 for 47-52 Sole Source Purchase of German Shepherd Canine from Canine Extreme, Key West (PD Transmittal, Letter, Quote) 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. 11. PUBLIC HEARINGS -none. 12. UNFINISHED BUSINESS 09.010 A. Consideration of Employment Agreement for Legal Services with Robert A. Ginsburg 53-58 and the City of Sebastian (City Manager Transmittal, Contract, Resume) 07.196/09.011 B. Consideration of Land Dedication for the Four Chaplains Memorial at Riverview Park 59-68 (City Manager Transmittal, Pictures) 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 14. NEW BUSINESS New A. First Reading Ordinance No. 0-09-01 -Adopting the Capital Improvements Element 69-118 for the Comprehensive Plan -Schedule Public Hearing for January 28, 2009 (GMD Transmittal, 0-09-01, Exhibit A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 08.122/09.013 B. Consider Resolution of Support for Indian River Lagoon Initiative (City Clerk 119-121 Transmittal, R-09-01) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, EXPRESSING STRONG SUPPORT FOR THE INDIAN RIVER LAGOON STATE FUNDING INITIATIVE. 09.014 B. Consider Resolution for Florida League of Cities "Building Citizenship in the 123-128 Community: Back to Basics" Initiative -Direct Staff Accordingly (City Clerk Transmittal, FLC Information, Draft Resolution) 2 09.015 C. Establish George Street Ditch Rehabilitation Project (City Manager Transmittal, 129-134 Pictures) 09.016 D. Resolution No. R-09-02 Authorizing the Execution of a Joint Participation Agreement 135-164 between FDOT and the City of Sebastian for Hangar Construction (Airport Director Transmittal, R-09-02, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.014/09.017 E. Review and Set Goals for Charter Officers in Accordance with Resolution R-07-31 165-174 (City Clerk Transmittal, R-07-31, Minutes Excerpts) 15. CITY ATTORNEY MATTERS 09.018 A. Process to Select Special Magistrate for Code Enforcement 16. CITY MANAGER MATTERS 09.019 A. Farmers Market at Riverview Park (City Manager Transmittal) 175 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Coy C. Council Member Simchick 09.020 i. City Planning: A Time for Vision and Goal Setting 09.021 ii. Tourism D. Council Member Wolff E. Mayor Gillmor 09.022 i. Assignments of Council Members to Attend IRC Commission Meetings - 177 February through October (Meeting Date List) 09.023 ii. Car Storage 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 /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City CouncA Meetings are Aired Live on Camcast Cnanne! 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 /S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. f:IpCOIn%rlq R7@2t/I1gS: January 28, 2009 Regular Meeting - 6:30 pm February 11, 2009 Regular Meeting - 6:30 pm February 25, 2009 Regular Meeting - 6:30 pm March 11, 2009 Regular Meeting - 6:30 pm March 25, 2009 Regular Meeting - 6:30 pm 3 mra rw~a a ruww ~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 ' Agenda No: p $, I Z ( /U q, ©b '7 w of R olution R-08-09 Council Rev ' ng Pr edurea M Department Origin Ci Clerk City Attorney: ~ j~ ~ ~~ Ci a r ' Date Submitted: 12/4/08 For Agenda of: 12/10/08 Exhibits: R-08-09 SUMMARY STATEMENT Each year after the seating of the new City Council, the resolution establishing City Council meeting times and procedures is reviewed for the benefit of new members. Our latest adopted version is R-08-09. RECOMMENDED ACTION Review and amend at Council's direction. If any suggested amendments receive consensus we will bring back a new version for approval in January. ~' RESOLUTION NO. 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 COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, conducted a workshop at which Council meeting procedures were discussed at length; and WHEREAS, City Council reached a consensus at a regular meeting to adopt various new procedures to effect more streamlined and organized meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:30 p.m. and shall adjourn at 10:00 p.m. unless extended by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to the agenda deadline for that next meeting, items are placed on a special meeting agenda. B. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. C. Special Meetings for Other Purposes: Special meetings for purposes other than quasi-judicial hearings may be called in accordance with the Charter of the City of Sebastian and shall begin no earlier than 5:00 p.m. Special meetings shall adjourn at 10:00 p.m. D. Quasi judicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. E. Extension of Adjournment Time. A meeting may be extended beyond the time set for adjournment by a majority vote of City Council members present. A motion to extend the 0 meeting time shall be made only once during the meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised* as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. (*language prescribed by Robert's Rules) The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Council Member must vote on all motions unless a Council Member has a conflict of interest. A Council Member may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, or move an item on the agenda and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote without need of amending this Resolution. Any public presentations allowed shall be placed under Public Input or New Business, unless at the discretion of the City Manager or the majority of Council an item is considered an emergency or timely matter. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the title be read. O 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Applicant presentation, if necessary. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record, or a continuance may be indefinite and subject to being renoticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings.. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item, however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. 3 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. C. Chair to Control Meeting. In controlling the meeting during public input, the Chair will take the following actions: 1. First Offense -verbal warning to move on. 2. Second Offense -offender is directed to be seated. 3. Third Offense (refusal to be seated or other disruptive acts) - offender will be asked to leave the premises. D. Appealing Decisions of Chair. Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. E. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. SECTION 9. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution merely provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules. A. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. B. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are /A hereby repealed, including Resolution No. R-07-32. W 4 SECTION 12. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Paternoster ,was seconded by Council Member Negl#a ,and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice Mayor Sal Neglia aye Council Member AI Paternoster ave Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of Jane , 2008. ATTE ' ~'~J ~ / / Sally A. Mai , MMC City Clerk (SEAL) Approved as to Form and Content for Relia 'ty of Sebastian Only: Rich tringer, ty tt rney CITY OF S STIAN, F RIDA By: Andrea Coy, Mayor s~ EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9. 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. 10. PUBLIC HEARINGS Procedures for Public Hearings: Mayor opens hearing Attorney reads title Applicant presentation if necessary Staff presentation Public input Staff summation Mayor closes hearing Council action 11. UNFINISHED BUSINESS 12. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 13. NEW BUSINESS 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS 18. ADJOURN (All meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) 6 cm c~ ~,~~~.~"s 1,,~_~,~y HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 10, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2 3 4 5 Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. The Pledge of Allegiance was led by Vice Mayor Hill. There was a moment of silence. Vice Mayor Hill read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Richard Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner Interim City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin City Engineer, Dave Fisher Human Resources Director, Debra Krueger Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Parks Supervisor, Chris McCarthy Police Chief, Jim Davis Police Captain, Greg Witt Sr. MIS Systems Analyst, Barbara Brooke-Reese DQ~,~t 0 Regular City Council Meeting ~,~ December 10, 2008 ~ ~ ~ ~~ ti J ~a Page Two , . ~ ; ~,~ u; 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Ms. Coy asked to remove item 13B VCI Tower, in light of resident concerns about not being notified and allowing the City Manager time to negotiate with T-Mobile for other locations and to notify residents. The City Manager noted staff did not provide a recommendation and was merely seeking Council direction on the matter, noted LDC Article XXIII sets out criteria and that T-Mobile had selected the site based on its location. He reiterated that it should be removed at this time. A brief Council discussion followed on the need to notify residents, the Interim City Attorney said they should include direction to renegotiate other areas of the lease and the item was removed on a voice vote of 5-0. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.123 A. Presentation of Plaque to Former Vice Mayor Sal Neglia Mayor Gillmor read and presented the plaque to former Vice Mayor Neglia. 08.123 B. Presentation of Plaque to Former City Council Member AI Paternoster Mayor Gillmor noted that former Council Member Paternoster was ill and not able to attend the meeting tonight and the plaque will be provided to him. 08.124 C. Proclamation -Dollars for Scholars Week -Karen VanDeVoorde, Vice President 1 Mayor Gillmor read and presented the proclamation to Karen VanDeVoorde. Ms. VanDeVoorde explained the importance of the scholarship program noting that Marcel Wolff, son of Council Member Wolff had been a top recipient. 08.125 D. Presentation of Gift to Police Department by Rosemary Bostinto Ms. Bostinto presented the Police Department with a gas grill she won; noting she thought the Police Department could use it. She was thanked for her kindness. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3-5 A. Approval of Minutes - 11/10/08 Special Meeting ~-2o B. Approval of Minutes - 11/12/08 Regular Meeting 21-26 C. Approval of Minutes - 11/19/08 Special Meeting l0 2 Regular City Council Meeting ~ ~' December 10, 2008 Page Three D. Approve Travel for City Council Members to Florida League of Cities Institute for 27-32 Elected Municipal Officials in Gainesville January 23-25, 2009 (City Clerk Transmittal, Registration Info, Agenda) 08.126 E. Resolution No. R-08-24 27 -Adjustment to Cemetery Rates (City Clerk Transmittal, 33-39 R-08-24) (The number 24 was previously used) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. 08.111 F. Approve Police Department Vehicle Purchases -Five Crown Victoria Patrol Vehicles 41-48 from Duval Ford in the Amount of $166,185 and Two Ford Expedition K-9 Vehicles from Alan Jay Automotive Network in the Amount of $66,270 -Both from State Contract FSA 08-16-0908 (PD Transmittal, State Contract Info, Quotes) 08.127 G. Approve Purchase of PD Interview Room Camera and Recorder Equipment from 49-55 Forfeiture Funds in Accordance with FS from Recall Technologies, Inc. Palm Bay in the Amount of $4,950 (PD Transmittal, Letter of Certification, Procurement Form for Sole Source) 08.128 H. Purchase Airport Dump Truck from Commercial Vehicles of South Florida in the 57-68 Amount of $46,403 -Piggyback State Contract FSA 08-16-0908 With JPA 418165-1- 94-01 Funds (Airport Transmittal, FDOT Memo, FSA Bid, Proposals for Truck and Dump Bed, FDOT Correspondence) 08.129 I. Approve the Closing of Sebastian Blvd. from Just Past the Hess Station East to 69-72 Indian River Drive and Indian River Drive from Coolidge Street South to Southern End of the South Parking Area from 6:00 a.m. to 5:00 p.m. on Saturday, March 14, 2009 and Approve Restricting the Northern Half of the Yacht Club Boat Ramp from 9:00 a.m. to 4:00 p.m. on Saturday, March 14, 2009 for the 2009 Pelican Island Wildlife Festival at Riverview Park (Parks Transmittal, Letter) 08.130 J. Approve the Closing of Indian River Drive from Harrison Street North to Jackson 73-77 Street on January 31, 2009 from 7:30 a.m. to 9:30 a.m. for the Sebastian Soccer Association 5K Run Fundraiser (Parks Transmittal, Letter) 08.010 K. Collier Creek Leases in the Amount of $47,666.22 from Collier Creek Canal Retrofit 79-101 Project Funds (City Manager Transmittal, Leases) MOTION by Ms. Coy and SECOND by Mr. Hill to approve the consent agenda. Result of the roll call: Ayes: All Nays: None Passed 5-0 ii 3 Regular City Council Meeting December 10, 2008 Page Four At this time, Ms. Simchick asked to return to Brief Announcements. She announced that the Sebastian and Vero Beach Walmart have angel trees displayed with names and toy wishes of less fortunate children. Mayor Gillmor described the great needs of people and urged people to donate food to the Food Pantry, noting there is a box in City Hall. 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 08.032 A. Citizens Budget Review Advisory Committee (City Clerk Transmittal, Member List, 103-114 Press Release, Code Section, Two New Applications for At-Large) Confirm Two New Individual Council Appointments Mayor Gillmor - Ed Herlihy (Application on File) Vice Mayor Hill -Jerry Klenck (Application Provided at Meeting) Mr. Wolff, Ms. Simchick and Ms. Coy reconfirmed their previous appointees. ii. Interview and Submit Nominations for Two At-Large Members ,~~~ The City Clerk noted that Joan Rivard had notified her office that she would be ~. `;} , ~`~~' out of town and unable to attend. City Council briefly interviewed Ms. Vicars. MOTION by Mr. Hill and SECOND by Ms. Simchick to appoint Joan Rivard and Chris Vicars to the two at-large positions. VOICE VOTE on the motion carried 5-0. 10. PUBLIC HEARINGS (Procedures for both Quasi and Legislative Hearings are on the back of the agenda) 08.114 A. Ordinance No. 0-08-11 (QUASI-JUDICIAL) -Laurel Reserve -Public Hearing and 115-119 Adoption (Transmittal, 0-08-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR THE LAUREL RESERVE PLANNED UNIT DEVELOPMENT PHASE 2, IDENTIFYING THE FORMER 90' RIGHT-OF-WAY AS TRACT "A" COMMON AREA, AUTHORIZING ADJUSTMENTS FOR STREET ACCESS, PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. (Press Journal 11 /30/08) Mayor Gillmor opened the public hearing at 6:55 p.m., and the Interim City Attorney read Ordinance No. 0-08-11 by title. Ms. Coy, Ms. Simchick, Mayor Gillmor and Mr. Hill disclosed ex-parte communications. The City Clerk swore in anyone who intended to provide factual testimony. ~z 4 Regular City Council Meeting December 10, 2008 Page Five Debb Robinson, Laurel Preserve, briefly addressed City Council on the matter. Mayor Gillmor opened the floor for those in favor and there were none. Mayor Gillmor opened the floor for those opposed and there were none. The Growth Management Director recommended approval as outlined in the Ordinance. Ms. Simchick began to make a MOTION to adopt Ordinance No. 0-08-11 and the Interim City Attorney advised that certain names (Andrea Coy -Mayor and Rich Stringer -City Attorney) on the Mylar may need to be changed and the date reference in the ordinance for the final plat needs to be modified to state September 26, 2008 rather than September 29, 2009. He requested that the motion include approving staff to make the appropriate date modification. Ms. Simchick amended her motion and Mr. Hill seconded. Result of roll call: Ayes: Gillmor, Hill, Nays: Coy Passed 4-1 Simchick, Wolff 08.019 B. Ordinance No. 0-08-10 (LEGISLATIVE) Comprehensive Land Use Plan - 1St 121-129 Hearing for Transmittal to DCA - 2"d PH to be Scheduled Upon Return (GMD Transmittal, 0-08-10 w/ Exhibits A, and B, P & Z fLPAI Minutes Excerpt -Plan Under Separate Cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE COMPREHENSIVE PLAN -GOALS, OBJECTIVES & POLICIES AND DATA INVENTORY & ANALYSIS, FOR THE FOLLOWING ELEMENTS: FUTURE LAND USE, HOUSING, TRANSPORTATION, PUBLIC SCHOOL FACILITIES, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Gillmor opened the public hearing at 7:03 p.m. and the City Attorney read Ordinance No. 0-08-10 by title noting this ordinance is legislative. The Growth Management Director gave a brief update. Land Design Innovations staff members, Tracy Crowe and Chris Dougherty, gave a brief power point presentation on the proposed updates (see attached) and responded to questions from City Council. It was noted the City has ten days to submit the proposed amendment to Department of Community Affairs and all reviewing agencies, that DCA will have sixty days for review, will send back its comments to the City, the City will have 60 days to send back comments to the them, and the second hearing for final adoption should occur possibly around March. Mayor Gillmor opened the floor for public input at 7:19 p.m. 5 13 Regular City Council Meeting December 10, 2008 Page Six Damien Gilliams, 1623 US 1, said the City needs more housing for young people and other sources of funding for infrastructure needs to be sought. Being no further input, Mayor Gillmor closed the public hearing. MOTION by Ms. Coy and SECOND by Ms. Simchick to pass Ordinance No. 0-08-10 on first reading for transmittal to the Department of Community Affairs. Mayor Gillmor suggested language to buffer any future industrial buildings from the Golf Course. Ms. Coy and Ms. Simchick included this in the motion. Result of roll call: ~ ~. Ayes: All Nays: None Passed 5-0 Mayor Gillmor called recess at 7:30 p.m. and reconvened the meeting at 7:45 p.m. All members were present. 11. UNFINISHED BUSINESS 08.131 A. Award Construction Bid for Main Street Improvement Project to H & D Construction of 131-228 Ft. Pierce in the Amount of $1,193,903.02 (City Manager Transmittal, Contract, Schulke Report) The City Manager gave a brief update and recommended approval. He noted the amount came in under budget and the grant may need to be adjusted and some funding returned at the end of the project. Damien Gilliams questioned using recreation funds for this project and asked why it was so. Mayor Gillmor asked if fishing was not recreation, and Mr. Gilliams responded the project is a road realignment. The City Manager asked to respond and said due to the fact that the contract came in under budget he will use recreation funds as a last resort and save any needed recreation funds until the end of the project. Harvey Wheeler, Sebastian, suggested using average bidding and asked what the difference between the high and low bids. The City Manager read all the bid amounts from the agenda transmittal which was public record, and noted the amounts have been publicly disclosed at the bid opening. Ms. Coy asked representatives James Owen and Mike DiGiacomo of H & D Construction that if they need subcontractors, would they try to use Sebastian subcontractors. 1 ~f 6 Regular City Council Meeting December 10, 2008 Page Seven Mr. Owen said 25% of his workers are from Sebastian and he had others from Fellsmere and Indian River County. Mayor Gillmor echoed her request for using local subs. MOTION by Ms. Coy and SECOND by Mr. Hill to award Indian River Drive/Main Street improvement project contract to H & D Construction of Ft. Pierce in the amount of $1,193,903.02. Result of roll call: Ayes: Hill, Simchick, Coy, Gillmor '" Nays: Wolff ~-~` •=V°«.~~ ~~ Passed 4-1 08.112 B. City Attorney Recruitment Update (City Manager Transmittal) 229-231 The City Manager gave a brief presentation on the Screening Committee review of the 45 applications and offered Council two alternatives, 1) to direct that they move forward on the full-time City Attorney applicants, or 2) consider whether we want afull-time in-house City Attorney. He discussed his experience with contract attorneys in other cities, noted the Charter does not stipulate what form in which the attorney is hired only that there is a City Attorney, and then reviewed the pros and cons of each. A lengthy City Council discussion followed on his or her views of in-house full- time versus contract or part-time attorney, how much of the City Attorney's time is needed by the other officers and staff, whether residency should be considered or required, the added cost of unexpected litigation should it be needed if there was a contract attorney, and the Council's satisfaction with the work Mr. Ginsburg was doing. Mr. Hill expressed a need for afull-time in-house Attorney who would be a part of the team and community, Ms. Coy echoed his sentiments because of the litigious era we are in, and Mayor Gillmor asked Mr. Ginsburg if he would be interested in full-time and he said he would not, though said Mr. Minner had given him the courtesy to ask if he would be interested in a contract position and he had told him he would. Mayor Gillmor said rather than a nameless firm he would rather go with Mr. Ginsburg. Ms. Simchick said she would have been happy to hire Mr. Ginsburg on a contractual basis because of his high ethics and resume, but because there is a more cohesive Council now she would want all members of Council to be comfortable with the decision, therefore would go along with directing the four committee members to start from scratch with the application process. Mr. Wolff noted we may not get someone who is strong in all areas needed. C~ Regular City Council Meeting December 10, 2008 Page Eight City Council discussion continued as to what tasks other staff members could do themselves, what the role of each Charter officer is and what Charter Officer means to members of Council, and asking Mr. Ginsburg to review the short list to be sure it is correct. Damien Gilliams, 1623 US 1, said after reviewing the City Manager's recommendation he agreed with hiring Mr. Ginsburg on a contractual basis and try it out for six months. Jim Gallagher, Holden Avenue, also agreed with keeping Mr. Ginsburg in the position and was shocked that Council was not considering it. He asked if Sebastian would be Mr. Ginsburg's only client. Mr. Ginsburg said he had no law practice. ~-~- ~"~~` Deryl Seemayer, noted that Mr. Ginsburg had been offered full-time and did not ,~- ~:` ~ - want it, however, suggested he be retained as a special advisor. Don Wright, North Fischer Circle, Sebastian, said Council was not considering the leadership role of the City Attorney, noted the Clerk is a record keeper so they can only rely on the City Manager and he is not an attorney, that the public would not have access to the City Attorney if it was contract, citing the countless hours the former attorney spent with residents on Ocean Concrete. Mr. Wright said he sat in on the screening committee meeting and made suggestions on how it should have been handled and that perhaps there are well-qualified people who will work for $50,000 to 75,000 less than we were paying the former attorney. Council discussion continued on the pros and cons of full-time and contractual and the possibility of moving forward on the applications. Mayor Gillmor called recess at 9:19 p.m. and reconvened the meeting at 9:29 p.m. All members were present. MOTION by Mayor Gillmor and SECOND by Mr. Wolff to direct the City Manager to start negotiations with the current Attorney Mr. Ginsburg to see what type of agreement can be reached. Ms. Simchick said she would be in favor of this. Ms. Coy said she was not in favor, that we didn't advertise for apart-time position and could be negating other potential applicants, citing Ocean Concrete as an example of time that the Attorney would need to spend on issues, and said she was inclined to go with full-time. Mr. Wolff responded to Mr. Wright by stating that he would no more go to the City Attorney for a cause than he would go to the Finance Director for financial advice, that he did not feel it necessary for a City Attorney to hobnob, and ~~ 8 Regular City Council Meeting December 10, 2008 Page Nine questioned Ocean Concrete being a good use of the Attorney's time, that a level of professionalism and distance is important. Ms. Coy said she has heard allegations of funny business, noting Council had directed staff to deal with Ocean Concrete, and took umbrage with the statement that distance is good. Ms. Simchick said in these hard economic times perhaps we don't have the luxury to get involved in such things and when you have a ten you don't shop for another ten. Mr. Hill said if Council decides to continue with a contract for part-time, he thought we have our man here, said he thought we need afull-time attorney, but he would feel confident with Mr. Ginsburg as a contracted attorney. Ms. Simchick suggested with an evaluation at six months. ~~ " ~~ -~` _; Result of roll call: `' Ayes: Simchick, Coy, Gillmor Nays: Hill, Coy Passed 3-2 The City Manager said he would get with Mr. Ginsburg and not send notification to the other applicants at this time. 08.030 C. ISBA (no backup) The City Manager explained that this item is on the agenda by request of Council, noted he had distributed a draft agenda for the December 15, 2008 Joint ISBA workshop, will use Bob Keating's power point presentation less the County portion for his opening at the meeting. Ms. Simchick asked the City Attorney if we sign the interlocal agreement will it supersede our challenge to Fellsmere, and he responded it could have an effect. Ms. Coy said she would like to see a formal review of this Ms. Simchick specified the section she was concerned about as being on page nine, section 10, under F. The City Manager said he would have a conversation with Mr. Keating on this and there is time to revisit the issue after the joint workshop and before the agreement is signed off on as he did not think the agreement can be modified at this point because the work group voted on it, he talked to County Attorney George Glenn as to what the parcels were and after whatever happens at the joint workshop, the work group will probably have to meet again. MOTION by Mr. Hill, and SECOND by Mr. Wolff to extend the meeting until 10:30 p.m. 9 Regular City Council Meeting December 10, 2008 ~~"~' Page Ten VOICE VOTE on the motion carried 5-0. The Mayor said the City of Vero also has a problem with Exhibit F. 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Joseph Koruo, owner of the CR 512 Car Wash, 921 Sebastian Blvd., asked for Council's help in being allowed to lower the height of the wall in front of his building for security reasons. He said Planning and Zoning had allowed it to be reduced by two feet and he needed it reduced more. The City Manager noted that this business had received approval to operate via a Special Use Permit with the condition that a wall be placed in front of the business. Mr. Hill said he was on Council when this was first denied, then brought back by the applicant and the wall was a very important component of the approval. The City Manager suggested that perhaps the elevation of the site plan can be looked at and City Council concurred that he needed to take it back before Planning and Zoning to lower the wall an additional two feet. Bruce Zingman thanked everyone involved in the 2008 Holiday parade. Russell Herrmann, President, Sebastian Property Owners, announced the City Manager would speak before SPOA on January 5, 2009 at 7 pm at the North County Library, urged residents to think locally when buying, and wished Council, staff and residents a Merry Christmas. Rosemary Bostinto said the 512 Car Wash is very unsafe to use because of the wall and hoped Council would put themselves in the owner's shoes. Damien Gilliams thanked the Mayor for opening up the consent agenda to the public for the first time in 25 years. Don Wright, Sebastian, said there was a 5-0 vote to provide support from staff on Ocean Concrete and Mr. Wolff voted for it. 13. NEW BUSINESS 08.031 A. LoPresti Temporary Maintenance Building Lease (City Manager Transmittal, 233-274 Temporary Lease) The City Manager noted the lease would be for $2 per square foot and recommended approval. Mayor Gillmor called for public input and there was none. ~8 to Regular City Council Meeting December 10, 2008 Page Eleven Ms. Simchick said she had discussed her questions with the Interim City Attorney, and noted she had received a notice of lease default and a $30,000 judgment against LoPresti filed with the court on September 26tH Mr. Wolff suggested taking photos of the new shed for future reference. MOTION by Mr. Hill and SECOND by Ms. Coy to approve a temporary lease between the City of Sebastian and LoPresti Aviation. Result of roll call: .>--:~ Ayes: Coy, Wolff, Gillmor, Hill Nays: Simchick ~- - ~ ~ ~ '" Passed 4-1 08.132 B. VCI Tower Lease Agreement (GMD Transmittal, Lease Aerial View) 275-313 This item had been removed under Agenda Modifications. The City Clerk asked that Council move to the appointments of regional boards and committees. 14. CITY ATTORNEY MATTERS -None 15. CITY MANAGER MATTERS -None 16. CITY CLERK MATTERS -None 17. CITY COUNCIL MATTERS A. Mayor Gillmor 08.121 i. Formal Appointments to County and Regional Boards and Committees 315-328 (City Clerk Transmittal) Mayor Gillmor offered to stay with the Treasure Coast League of Cities. The Clerk said Mr. Hill was appointed to the Treasure Coast Regional Planning Council earlier in the day with the City of Vero Beach as the alternate. Mr. Hill offered to be the Emergency Services District Advisory Committee with Mr. Wolff as the alternate. Mayor Gillmor offered to be the alternate to the Land Acquisition Committee. The Clerk explained the Indian River County Hospital District Planning Advisory Committee had not met in two years and will let us know when they do. Mr. Hill offered to be a member of the MPO, and Mayor Gillmor offered to be an alternate. The Clerk said the citizens appointments are interested in continuing their service. The Clerk pointed out that Mayor Gillmor will now sit on the School Concurrency Elected Officials Oversight Committee and Mary Wolff would like to continue on the Citizens Oversight Committee. IR Regular City Council Meeting December 10, 2008 Page Twelve Mr. Wolff said he is unable to make the Chamber of Commerce meetings and Mayor Gillmor offered to attend those meetings with Ms. Coy as the alternate. Mr. Hill offered to take the Tourist Development Council with Ms. Simchick as the alternate member. Mayor Gillmor offered to take the Treasure Coast Council of Local Governments. 08.121 ii. Assignment of Council Members to Attend Indian River County Board of County 329-331 Commission Meetings (City Clerk Transmittal, Synopsis, Description List) Mr. Wolff offered to cover the December 16 and 23 meetings. Ms. Simchick offered to monitor the January 2009 meetings. The remaining months will be assigned at the January 14th, 2009 meeting. 08.121 iii. Review Resolution No. R-08-09 Meeting Procedures (City Clerk Transmittal, 333-340 R-08-09 This item will be carried to the January 14, 2009 Regular Meeting. 08.093 iv. Schedule Economic Development Workshop for January Mayor Gillmor requested an Economic Development Workshop on January 7, 2009 and City Council concurred. 18. Mayor Gillmor adjourned the meeting at 10:32 p.m. and the following Council matters were not addressed. F B. Vice Mayor Hill k'' '' ~~~ C. Council Member Coy ~ ~ ~:.. ~-~- D. Council Member Simchick E. Council Member Wolff Approved at the January 14th Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC -City Clerk 20 12 crrr or --~ -.~_ Fi~PI€E CAF PELICP.Id ISL.~itdl) CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. (.~ ~. OO, FEC Rehabilitation of Barber Street Crossing Department Origin: Public Works Department Head: Ap ov for Submittal by: Finance Director:P ` ~ ~ ~!~ ' City Attorney: . City Clerk: I i n r Date Submitted: 01/8/09 For Agenda of: 01/14/09 EXhiblts: Letter from FEC Railroad; City Manager Letter to FEC, FEC/City 1984 Agreement EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: Local Option Gas Tax $34,216 $ -0- $34,216 SUMMARY My office has received a letter from the FEC Railroad advising that they will begin work to rehabilitate the Barber Street Railroad Crossings on February 26, 2009. This crossing is in south Sebastian, near the Publix grocery store. The FEC makes periodic inspections of each crossing and schedules repairs based on those inspections. Per an agreement between FEC and the City made in 1984, the City accepted financial responsibilities for the construction and maintenance of the intersection(s). That agreement is attached hereto (You will note the agreement refers to the "Stratton Avenue" crossing -which is now Barber Street. Paragraph 4.D outlines the City's maintenance responsibilities.) In short, the FEC inspection has revealed a need to improve the "ride quality" over the crossing. This work will consist of leaving the tracks in place and constructing a new concrete structure between the tracks and a new asphalt transition of approximately 10 feet on each exterior trackside. This work will require CLOSURE OF THE CROSSING FOR APPROXIMATELY 2 DAYS. Public Works will coordinate the maintenance work with the Police Department and public advertisements. FEC has provided a $34,216 estimate to complete the work. The City does have the option to orchestrate the work ourselves, however we are not in a position to conduct such activity and the project is better left to FEC. The estimated cost is in line with rail crossing work conducted by FEC in the past. Concerning the budget, this amount is not in.the FY 09 Budget. Therefore, staff is proposing a reduction in the Local Option Gas Tax transfer to the General Fund. This action will leave the General Fund slightly underfunded, but a budget amendment to replenish the shortfall will be made from reserve revenues, if required later in the fiscal year. At the end of the project, the City will receive an itemized bill for repairs. RECOMMENDED ACTION Move to appropriated $34,216 from Local Option Gas Tax Funds, adjust General Fund accordingly and authorize FEC to execute and complete Barber Street railroad crossing rehabilitation. ZI Z2 fEC - Florida East Coast RAI LWAY, L.L.C. January 5, 2009 File: 218/39/171 SEBASTIAN: GRADE CROSSING MAINTENANCE BARBER STREET, MP 218+171' - FDOT# 272974H NOTICE OF INTENT TO WORK Mr. Alfred Minner City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mr. Minner: This is in reference to my letter dated September 26, 2008, listing the crossings scheduled for maintenance in the year 2009. The ride quality for both railway and highway traffic over the above-referenced grade crossing has declined to the point of requiring maintenance. This crossing was completely rebuilt on February 26, 2003, and will not require a new track panel at this time. The Railway plans to remove the crossing panels, surface through the crossing and replace the panels and asphalt. We have scheduled this work to begin on January 25, 2009. In accordance with the terms of the agreement dated August 30, 1984, the cost of the crossing maintenance is the. responsibility of the City. The costs to the City are as outlined in the enclosed estimate. It should be noted this is an estimate only and all charges for which the City is responsible shall be billed on an actual cost basis. The estimate includes amounts for maintenance of traffic and asphalt work however, in the event the City can provide these items more economically than FEC, it is acceptable that the City arrange for this work directly. Please review the enclosed estimate, and if acceptable, acknowledge this letter by providing a letter of authorization against which we may bill for this work. In the interim, our Roadmaster, Mr. Kenny Robinson, will be in contact to coordinate the scheduling of the work. Otherwise, if you have any questions in this matter, please do not hesitate to contact me at (904) 538-6056. Sincerely, ~e~-~'L v2 Joseph L. Schonder Manager -Engineering Services Enclosure cc: Mr. Bob Stevens -Please collect all charges in this matter to WO# 2252445 Mr. Andy Fowler - (w/o enclosure) As information. Ms. Heather Burton -Copy of the estimate attached for your accounting. Ms. Kathy Lowe - WO# 2252445 Engineering Department, 7411 Fullerton Street, Suite 300, Jacksonville, FL 32256 Z 3 FLORIDA EAST COAST RAILWAY 01/05/09 SAINT AUGUSTINE, FLORIDA SEBASTIAN: SURFACE EXISTING TYPE T-MODIFIED GRADE CROSSING BARBER STREET, MILEPOST 218+171' - FDOT# 272974H FILE: 218/39/171 CROSSING DESCRIPTION PAVING DESCRIPTION Length of Crossing Surface: 24 Tf Width (Across Road) 24 Ft Number of Tracks: 1 Ea Length (Along Road) 80 Ft Length of Track Panel: 64 Tf Projected Lifr 3 In AGREEMENT DESCRIPTION GANG DESCRIPTION Responsible Party: City of Sebastian 3 Fort Pierce Section Agreement Date: 08/30/ 84 14 Fort Pierce Smoothing Division of Responsibility 0 Crane Encase Fiber Optic Cable N/A 2 Loader Maintenance of Traffic City Crossing Surface City Track Materials City Track Construction City Paving City Overtime N/A COST RECAPITULATION 10.00% Responsible Track & Civil Work Item Labor Equipment Material Contract Contingency Total P~ Encase Fiber Optic Cable n/a n/a n/a 0.00 0.00 0.00 N/A Mobilization/Material Consolidation 797.94 2,685.84 n/a n/a 416.22 3,900.00 City Construct Track Panel & Place 0.00 0.00 0.00 n/a 0.00 0.00 City Maintenance of Traffic/Police Protection n/a n/a n/a 4,050.00 450.00 4,500.00 City Remove Crossing Surface 370.56 690.35 n/a n/a 139.09 1,200.00 City Remove/Replace Structure 0.00 0.00 n/a 0.00 0.00 0.00 City Line & Surface Track 822.93 1,668.06 3,922.10 n/a 686.91 7,100.00 City Replace Crossing Surface, As Needed 741.12 1,380.70 3,550.06 n/a 628.12 6,300.00 City Place Asphalt 182.75 57.12 n/a 7,200.00 760.13 8,200.00 City Site Cleanup 670.69 829.08 n/a n/a 200.23 1,700.00 City Overtime Charge for Weekend Work n/a - n/a ---------- n/a ---------- n/a 0.00 ---------- ---------- 0.00 ---------- N/A Totals: --------- 3,586.00 7,311.]4 7,472.16 11,250.00 3,280.70 32,900.00 TOTAL TRACK & CIVIL PROJECT COST: ENGINEERING & SUPERVISION: TOTAL PROJECT COSTS: TOTAL COST TO BE BORNE BY CITY: 32,900.00 1,370.83 $/Ft 1,316.00 $34,216.00 534,216.00 ~~ NOTE: THE ABOVE IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST ----~ n~~Gt'~~NT, to be effective from the ~~ 198 day of ~. is between. the FLORIDA EAST COAST RAILW Y COMPANY, (Address: Post Office Drawer 1 Augustine Florida 32084 048, St. )~ a Florida corporation hereinafter called "RAILWAY".and CITY OF SEBASTIAN, a m P cor oration of the State of Florida unicipal 127, Sebastian, Florida 32958 '.(Address: p, 0. Box ),.hereinafter called "SECOND PARTY" l• The Parties will file joint application Department of~Transportation and make their best ffo the open: the Stratton Avenue crossing near ' rt to . RAILWAY S Mile Post 218 +-146' and to close the Truman Street Gros ' called Flrst Street sing (sometimes. near RAILWAY'S Mile Post 214 + 1390' .but they recognize that the ultimate decisio , - n rests with the Florida Department~of Transportation. The openin closing of these crossings must ~ g and accomplished..in accordance with this contract; therefore, ,the parties agree that such opening and closing. will not occur if for. some re ason any portion of this contract is not enforceable. Further parties agree that under no circumstances wi ' the Avenue crossin 11 Stratton g ~ opened unless Truman Street crossing is closed in accordance with the terms and condition s of this Agreement. I. OPENING OF THE STRATTON AVENUE CROSSING: 2• That the RAILWAY, for valuable COnsiderat' the covenants and agreements herein contained to ~ on and performed and. kept by the SECOND PARTY, does hereby give and ...... ZS I ~? license unto the SECOND PARTY the right and privilege to use, for public at-.grade road crossing purposes only, that part. of the right-of-way and property of the RAILWAY at the location described in Appendix A attached hereto and made a part hereof, and hereinafter referred to as the "Stratton Avenue crossing site". 3. The SECOND PARTY shall have and use the crossing site as a licensee, but Legal possession of the crossing site shall remain with Railway. 4• In consideration of the granting of this Agreement by the RAILWAY, the SECOND PARTY covenants and agrees with the RAILWAY .as follows: A. That the crossing site shall be used for pu blic at-grade road crossing purposes only across. the RAILWAY'S right-of-way and tracks, and except as herein provided, no .pipe, wire, rail, or other line or structure shall be placed in or on the crossing site without the previous consent in writing of the RAILWAY. SECOND PARTY further agrees that the crossing site will at all times be kept clear of any. . vegetation or other growth greater than two feet in height on each side of the tracks at the expense of SECOND PARTY and without cost to RAILWAY or lien upon RAILWAY'S property. B. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the crossing site, and in the event the said SECOND PARTY shall fail to comply with any of the covenants and conditions, then this Agreement shall be void and shall terminate with Z(o : full right on the .part of .the RAILWAY to re-enter, repos- sess, and remove the crossing if it shall elect to do so. C. The SECOND PARTY hereby grants unto .the RAILWAY necessary permits for the installation, construction, :erection, repair, and maintenance of any of .the RAILWAY owned or maintained facilities described in this Agreement. D.`Unless otherwise specified, the cost. of installa- tion, construction, maintenance. and replacement of all .facilities at the crossing site, including but -not limited to the crossing structure and railroad and .highway devices whether performed by the SECOND PARTY, or RAILWAY, shall be the_ soleresponsibility of the SECOND PARTY. The cost for .annual maintenance. of the .railroad devices is covered in Paragraph G and shall.be thesole~responsibility of .the SECOND PARTY:. . E. The RAILWAY .shall construct, maintain and replace the crossing structure across the rails and-ties at the crossing site at the sole cost of the SECOND PARTY. The RAILWAY has the discretion to determine when the crossing. structure needs to be replaced or maintained and may replace the crossing structure when necessary. It is .anticipated that the initial crossing structure will be a concrete structure and the estimated cost of construction is set forth in Appendix B. The SECOND PARTY shall, at its sole cost and expense construct, maintain and replace the remainder of Stratton Avenue located inside the RAILWAY'S right-of-way, including any paving that may be necessary. 3 _ At any time that the SECOND; PARTY shall come onto the RAILWAY'S right.-of.-way to perform work, the RAILWAY shall be notified in advance in accordance with Paragraph 10 so that RAILWAY can provide a flagman at the. crossing site to coordinate the work being performed by the SECOND PARTY and train operations. The cost of f lagging will be borne by the SECOND PARTY.. F..The SECOND PARTY agrees, acknowledges and under- stands .that the RAILWAY reserves the right to make any desired changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track, or tracks or other facilities on its right-of-way at the crossing site. The SECOND PARTY. agrees. to bear the total expense of any changes, or additions to the pavement, railroad devices, other railroad signalization equipment, and crossing struc- cure at the crossing site whether these changes or additions are required by law or order,of any public ar judicial authority, done voluntarily by the RAILWAY, or requested by the SECOND PARTY. G. The RAILWAY shall construct, maintain and replace flashing lights, bells and gates (Class III, Type III), referred to jointly as "railroad devices" at the crossing site. The estimated cost of such railroad devices is set forth in Appendix D. SECOND PARTY shall pay unto RAILWAY the annual cost of maintenance of said automatic crossing protection devices as provided in the Florida Department of 4 t ~~ f ~, Transportation's SCHEDULE 08 ANNUAL COST OF AUTOMATIC , .-HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES as may be amended (See Appendix C), annual .maintenance currently being $980.00. The aforementioned railroad devices are owned by ~ the RAILWAY, and shall remain at the crossing site until it is agreed between the parties that .the railroad devices are no longer needed or other legal requirements are imposed which shall eliminate or substantially change the operation of the, railroad devices. H. The SECOND :PARTY agrees that it will install, main- tain and replace all ;necessary drainage facilities to pre- vent the accumulation of surface water due to the existence of the crossing site. Such facilities mustfirst.be ap- proved by the RAILWAY and any. other governing bodies .having jurisdiction thereof :and operation of the facilities shall also. be subject at all, times. to their approval. An addi- tional license agreement may or may not be required by the RAILWAY, depending upon the type, size, depth and other specifications of the proposed facilities, as submitted to . the RAILWAY. I. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossings shall be installed, ~ maintained, and replaced at or near this crossing site by the SECOND PARTY. J. The SECOND PARTY further covenants to pay, either directly or upon bills presented unto SECOND PARTY by the 5 zq i _ __ . __ ~. RAILWAY within. thirty (30) days after presentation of the .same, all bills for electricity for. the lighting and illu- mination of the crossing site. R. The SECOND PARTY agrees to maintain a general lia- bility master insurance policy having a combined limit of $1,000,000.00 for personal injury, death and property- damage: per occurrence, insuring the RAILWAY against claims arising from accidents :related to the use of the Stratton Avenue crossing site. The RAILW~~/ advised the SECOND PARTY that it maintains a gene 1 iability master insur- ance policy covering ..such i id is and the SECOND PARTY may participate in t p l cy by reimbursing the RAILWAY for-its pro rata share the premium or the SECOND PARTY. may provide a sim ar olicy with same. limits with an insurance ca ie c ptable RAILWAY, insuring the same incid s -Such insur ce shall. remain in force. and effect du in the entire 'od that the crossing site is .open pursuant to this Agreement. L. At the termination of this Agreement for any ..cause, or upon termination of the SECOND PARTY'S use of the crossing site as herein described, the SECOND PARTY shall remove, at its entire cost and expense, said road and all non-RAILWAY owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original rnn- dition. 6 3p i RAILWAY within thirty (30)-days after presentation of the same,.all bills_for electricity for the lighting and illu- urination of the crossing site. K. The SECOND PARTY agrees to maintain a general lia- bility master insurance policy having a combined limit of !, $1,000,000.00 for personal injury, death and property. damage per occurrence,. insuring the RAILWAY against claims arising from accidents. related to the use of the Stratton Avenue crossing site. The RAILWAY has advised the SECOND PARTY that it maintains a general liability master insur- ante policy covering such incidents and the SECOND PARTY .may participate in that policy by reimbursing the RAILWAY for its. pro .rata share of the premium or the SECOND PARTY may provide. a similar policy with the same limits with an .insurance carrier acceptable to the RAILWAY, insuring the -same .incidents. Such insurance shall remain in force and effect during the entire period that the crossing site is ..open pursuant to this Agreement. L.~ At the termination of this Agreement for any cause, or upon termination of the SECOND PARTY'S yse of the crossing site as herein described, the SECOND PARTY shall remove, at its entire cost and expense, said road and all non-RAILWAY owned .improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original con- dition. 6 II.• CLOSING OF~TROMAN STREET CROSSINGS S. The~Parties agree that ,the Truman Street crossing • shall be closed and the crossing structure and railroad ..:devices shall be removed. Adequate warning devices and .barricades shall be placed to prevent motorists from r .attempting to utilize the former crossing. All costs for the removal of the crossing and the placement of warning devices shall be borne by SECOND PARTY. • 6...The SECOND. PARTY agrees that it will not file an application to reopen the crossing at Truman Street or any proposed crossing within a mile of either•side of Truman Street, and if such application is 'filed by any other party, it-will not lend.-its support to such application. This provision is null and void ,and of no legal significance after the passage of 10 years from the date of the execution of this .agreement. III. PROVISIONS APPLICABLE TO BOTH THE OPENING OF STRATTON AVENUE D THE CLOSING OF' R 7. SECOND PARTY shall indemnify and hold harmless the RAILWAY .for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the .crossing site or arising out of the existence of the crossing site, and any assessment or other charges ,against the RAILWAY resulting from or arising out of the existence or elimination of the Truman Street crossing. 7 3a 8. - Thy' SECOND PARTY shall not take any action that will :.prevent or tend. to .restrict the operations of trains over the crossing site. _: 9,,'The SECOND PARTY will include in any contract which it may let for the whole or any part of said work to be performed hereunder by or .for the'SECOND PARTY, each and every of the terms and conditions of the two pages attached hereto as Appendix E and made a part hereof entitled, "INDEMNITY Ta.THE FLORTDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY. INSURANCE POLICIES DURING SUCH INDEMNITIES" and "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED, REPT IN FULL FORCE AND EFFECT AT COST. OF CONTRACTOR". 10. SECOND PARTY shall give the RAILWAY one (1} week's ,advance notice-when the.SECOND PARTY or its contractor or ' anyone claiming under this Agreement proposes. to enter upon the crossing site to perform work under this Agreement -in order that proper warning may be provided for trains; except that in emergency situations SECOND PARTY shall only be .required to give the RAILWAY such advance notice as is practicable under the circumstances. 11. Installation, maintenance and replacement. of any and all railroad advance warning signs and pavement markings on-any road approaching the crossing site shall be the sole responsibility of the SECOND PARTY, and at its sole expense. 8 ~-- ~~ ~„ f... - ~" ~ 12. Thy Parties understand that it is agreed that all ' ~ 'terns and cond itiona of this Agreement must be complied with and if an~~ provision or prowision~ of this Agreement shall be geld to be invalid, illegal or unenforceable, the .entire Agreement shall be null and void. ~. ~. 13. This Agreement will be governed by the laws of the State of Florida. it constitutes the complete and exclusive statement of the Agreement between the parties which super- sedes all proposals, oral or written, and all other communi- _ cations between the parties related -to the subject matter of this Agreement. Any future change ~or modification of this Agreement must be in writing and signed by both parties. 14. It is understood by and between the respective parties hereto that this Agreement cancels and supersedes any Agreements between the RAILWAY and SECOND PARTY covering Truman Street. 15. This Agreement may be terminated upon consent of 'both of the parties or upon order~of the Florida Department -~ of Transportation or its successor agency having competent jurisdiction. (~7^~ 9 ., ' ~ "-- r~ ~ Z~ MZ'i'l~888 NHBRBOl, THB R1~2LN1-Y and the SECOND PARTY have each caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicate the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and delivered in the pence of: _ FLORIDA EAST~~C~AS~ RAILWAY COMPANY, a Flor~idet co orat 6n n J restden~~T1"'---(SEAL) tnesses a to RAILWAY ATTEST: DATE : ~}~'3~/,F,G ~~ ary CITY OF SEBASTIAN, a municipal corporation of the .State of Florida, acting by and through its Board of City ommissi ers. BY :• ~ (SEAL) LE: ayor AT ' TITLE; City Clerk DATE; ,7uly 24, 1984 ,0 35 _ O 1 .. ~'D i~~ no o l1 ei- • .f' r- • c~Q--~ a „~ / ~~ D o .rI1i _Iou s ,, ~ ,G s - ~ ac i a -r ra ~ D. D f /' a s / ~' _ FEC Fm. 82 flev. 8-TT vM ! P+i ft+k . 'iG'R i - . ~, a5~ t y x °.. } ~.ry - ... .-~... . . .. f ~M - -LS 1t r „~ ~ TS .,T .. ; :ter.... .:. - - , ... ,v. • .... APPENDIX A Stratton Road Railroad Crossing: COMMENCING at the Southeast corner of Section 20, Township 31 South, Range 39 East, Indian River .County, Florida, run thence S 89 degrees 31 .minutes 06 seconds W, 19.26 feet to the West right-of-way line of the..FEC Railroad; ,thence, run N 25 degrees 59 minutes 42 seconds W, along said right-of-way line, 2048.62 feet to the POLNT OF BEGINNING (P.O.B.); thence continue N 25 degrees 59 minutes • 42 seconds W, .along said right-of-way line, .80.00 -feet; thence run N 64 degrees 00 minutes 18 seconds E, 100.00 .feet to the 'East right-of-way line of said FEC Railroad; thence run S 25 degrees 59 - minutes 42 seconds E, along said right-of-way line, 80.00 feet; thence run S 64 degrees 00 minutes 18 seconds W, 100.00 feet to the P.O.B. The above described crossing area contains 8000 square feet, (0.1837 acres). 3~ ,.. rw~s.~ w t iFah(otaz3, _~: rilHla'I~O~A~ Q~ ~i~~ 1TRAFFfC~':~-.,,~..;._. . ,: r . .,. ROL DEVICES ,. .. , - •:~.x~. , OYMTr Mt+.~.1 YTILITT JOB 010. tTATS IiOw~ M0. iOYMTr Mwr~i ~+-wCt< w A/OI JO• N0. .~ ~ A6tMCr A. JOB DESCRIPTION ~ LOCATION: B. TYPE OF ROAllWAY FACILl1'Y: ~` C. FDOT/AAR XI.NC NO.: ltR MILT ['OS't' TIE: D• TYPE SIGNALS ~' ' >. t- : ~„~_ CLASS INDEX: --..~ . SCHEDULE OF ANNUAL COST 01'' AUTOMATIC HIGHWAY GRADE CROSSING TRAI•'h IC CONTROL UFVICES Annual Msit~tenanu Cast Exclwive of Inslullatiun • CLASS ~ DESCRIPTION • COST• 1 Flsshing Signals • One Truck i 650.00 IJ Flashing Signals - hfultiptc'Cracks S 860.00 lIl Flashing Si~twtn and (;at~•s • Un« '1'ru•k i X80.0(1 IY FLzshing Signals and Cuter • Atultiplc'I'racka f 1,230.00 •Effective February 3, 1971 - AUTHORITY: FLORIDA ADAIINIS'1'RATIVE 1ZULE t11r1-46.0,' • Reslx-nsibility fur !hr Cust of Autun~alir Iligl~way . Grade Crossing Traffic Control Dcvicca EFFECTIVE DATE: FeLruar i 1971 y~~ GENERAL AUTHORITY: "t1.U5, F.5. SPECIFIC LAW Ih1pLEhfENTED: 3311.21, F.S. ~~ - r ~J //1~JQ d ~ /f I ~ ~ /1/) 1 1 ~ -- ~ ~~-----~ ---~--~.__ P - y ,. ~o~,~~~ a s o~~ . _ d Qd .o i i 0 _ S -~ .~ o . as a 1. 1: ,, ~~ ,~ 16 . 17 la i9 20 21 22 ' 23 24 25 26 • 27 - 2a 29 30 • ~ 3) . 32 -. 33 _ .._ ~ ,.~ - ~ 34 ESTIMATED COST TO INSTALL FLASHING LIGHTS, BELL AND GATES AT PROPOSED STRATTON AVENUE •MP 218+146' AND CLOSE TRUMAN ST. 'MP 214+1390' ,. Gate assemblies with foundations .......... Factory wired relay case................ ~~~•'• " " •••$14,870.00 Relay. ................. 16,879.00 case foundations....... . ... ....... .... 164.00 Battery .box ........ •• .......... ry. ••••••• 371.00 Batte ....:.............................. ~ .... Underground cable .......:............ ..••••••..••• 5,000.00 Power ...........:.... .......•.......... 953.00 •.... .............................. 5,300.00 Freight and taxes :.:.................. '•• 4,354.00 Labor .......:......................... •.............. .................. 10,210.00 Composite additive for Iabor.....~~„ ,.,~.~.~~•~~ Supervision......... .•••••• 4,817.00 .:........... ...........:. ..... 2,640.00 Composite additive for supervision.... •..~.•.•~~.,~•,,, 1,457.00 G~$ expenses .....................:...... .Use of trucks............... .•.•..•••..••.• 4,760.00 ........... ................. 900.00 Rental. of trenching equ.ip°ient ..............~.~,•. Contingencies ... .................. ...... 511.00 _ ..... ..... ....... 7,319.00 TOTAL . $80,505.00 Based on DOT schedule for maintenance Class III as proposed would be $980.00 per year. FLORIDA EAST COAST RAILWAY COMPANY OFFICB OF SUPT. SIGNALS b COMMUNICATIONS ST. AUGUSTINE, FLORIDA • .JUNE 18, 1984 ~~ r.. ~i ~ 1'~L~"~~k~55rc~ 5 ~.B~S~'~" ..t~t 1 ~" r y~ r ~ t :x ~F 4ri ~ - ~ a '~,_ya f'fJ~ f .~ _ y.: ~~~ .~ „~ ° ~".y'~ ~~~y. `R y 'il r s r ,ye" } , v- a M ~„ '. i',~~7y.SM,r. ?, ,,~ #clp'l~tf 1 ~n~ :,'r Y r ~~ , ~~~~,~ , --c(~u1~'r~,•R ~3 1.. Y ~ ,y, ~6y ~ `s' 'I!-.. , --i ~ , d t'~s 4~A Y 'M~V'.~at~~~ ~i~+~'tr{ . •i?F4i ~ ~c r i 4 =~~:1=~~. i'f Yw s r r f ~ .. - ~ - r .C . _ i y '. .~ ,. ~•~, mss' i ~ t r ~ 1 '4 ~^ ~d.SaJ--L~'a`~'~ki~.'t 3:1 '~. 1 •`+ ~ ~ rs,~ ~~ j .Y dx ( .. ~ - - .,. t -'"--~~Tackson viT! ~ f ,~ r L ~ rl P. C. /Q ~Zj' ' Z !rti+~, ~ ~`' Gee/vela. ,License 1in~ ,Q yy ~ . * `- O ! ~ -• w r ~.: ~~ a t.+~ r 1 _h - ~ ~ n to/! ~' ' :~: ~. " ... G'yJvrrt -~-~ z4 - Wid TYP r +_ :.~Licesed Lena . ~' ' , ~d1~ieaT grade r'r rf nq h ~. .. = ~ :_ ~. a: w ... .. ., j' y '' ^^'~'` 4 ~ ~- ~, r±..! iii-. fIi ~ r{. , t~ ~~ ~~•,~ w ~N ~ n -: 1 :a ~ ~~' -a k `'r ~ e ° ~ 37't~4: 1 ~' .t -v ~~ Y £ ~ as ~ , i i ° -s .. - L'9-rY'~t ~4~4~...rF r+s''• ~.+ K~ .. ~ °..t;., ' . ~CS~' ~,~, i ~ ~`~.- : ` -~ ` .-. .. ., t/ ~St. -A ti4 L. rI. v E.3~"„ ~F~:~-`S ~..~ y C ~Y _ • - ' r.. ~ F _ .~ - h S \ x - ~ .. .. .. ~ A _ ~ 1 `1 - ti . ~ rte. ~ ^ ,t t S . ~' lesv: No. - awn ~~ - DpCIlIrT10N -.. .. REVISIONS ~. - 5:: ~ FLORIDA EAST COAST RAILWAY CO. -~ ~~ ~ ~ Oil<IC[ OR CHtHI~ SNG[NFLR .: ~ ST: AUGUSTINE. r41. -. .i ' ~ - ,r .. r-' .'. PUBL I C GRADS ~ CROSS/NG ' - =. FOR C/ T Y OF SEBAST/RN A T srgA rroN AVENCIE ,~. _ ~ ,~ 5 ~ ~ ti ~:, F -, ~ t SERA ST/AEI ;~ y;, 3~'`' u[^r",3 ate. ~rb'~^ +j t ~t F~ S' J ...' - ~LORI~ .'. :+_ ' ~. T "~ , - y, 1' ~ ? ..i ~~ ~WtAWy.!iY ,N~ ` ~ it: t. L06, 2/a '~"' / 7l~°` ~s ! , pl[CIIIO lYy~~ VAL. N/1t. Z•S24b DAT! 2 8¢ : `F ~ .~~ ' .. L'D L. - /ILi N0..J M.P. Z'/8f/Tf] cwa. r+o. S.'SO~P7/8f/7/' CONTRACTU~ L~I~I•I1'Y ~ p=er ~~ OQA8T RAIi3JAT' COI D PROPERTY DAAtwcp 1_T.~„ ~,,... --TO,CONTR~-C?OR S s'"~jc__i,IAnILiTY In further .consideration of the sums of money herein agreed to ba paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless the Florida Eaat Coast Railway Company from and against all judgments, and all loss, damages, costs, charges, and expenses which it `r~ may suffer, sustain, yr in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contrast, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East CoasC Railway Company, employees and officers of materialmen, em loyees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $1,000,000.00 each arson in u ' killed, and $2,000,000.00 each occurrence. p j red or B. Loss, damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any owner- ship interest and (b) personal property in the custody of Florida East ...Cost Railway Company under any transportation contracts; including without limitation upon the generality of the two .foregoing enumerations, all railroad equipment commonly described as rolling stock and the con- tents of the same, all in the aggregate limit of $2,000,000.00. ' ~ C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the custody of Florida East Coast Railway Company occurring or originating during the first forty- - eight (48) hours from, but excluding, the first five (5) minutes any -break in the continuity or other obstruction of passage of trains, ;directly or indirectly arising from the Contractor's operations, upon said track or tracks, as the case may be, of Florida East Coast Rail- : way Company at or within one hundred (100) feet of said location upon .which the work is to be performed hereunder, the improvement, renova- tion, or repair of which is the subject matter of this construction contract, and also all expenses reasonably incurred by Florida Eaet Coast Railway Company in and about the re-routing of its trains and care to, via, and from the lines of railroad of other railroad common carriers during the first forty-eight (48) hours following any such ..break in the continuity of said track or tracks as the case may be of the Florida East Coast Railway Company at or within one hundred (Ib0) ..feet of e.aid areas. 4a ~.. , ~:. ,,_<, , ~ ~ ~ _ ~ GOASS gAILHAY~`Ot~AIiY f ,T~ ~ Ga2AIIRD AUD ... ... ,: , E8P? ~ ttTL=. Z'OgCS At~D ETp1DCT AT C0~'r pF Qpp1'~ACZ~ In further consideration of the sums fied to be aid to Contractor Contractor,oatmi ~ycoeteanndapeCi' penes, shall obtain and keep ~n effect, insurance ~' ciea in the limits of $1,000,000.00 each arson inpured o°r pp y poli- and $2,000,000.00 each occurrence and $1~000,000.0~ props=tyilled damage per parson and $2,000,000.00 propert da directly by Contractual Liability Endorsement toaContr~ctorc~ence General public Liability and Propert Da insuring Contractor against loss or dyamagegtolContrecto=olicies indemnities concurrently extended to the Florida Fast Coastottaf~e _ way Company and within the limits specified in this Alternatively, Contractor may procure and keep in effectgdaph~ the life of this construction contract, as aforesaid gail~ing ' Protective Liability Policies insuring Florida East Coast Rai w Company directly as insured against losses and damages but within the limits specified in this paragraph. . AlI such insurance,.directly or indireCtl for the benef of the Florida East Coast Railwa Co yy it satisfactory to its 1''~anager of Ins many' shall ~ iri a form casualty company_i~urance comp yurance and issued by a in the State of Florida that hasna „uthorized to do business ,and a financial size cats o Bests rating of A or A+ 8 ry of Class XII or higher. .~~--- - _...r '~3 } i f, r /p11M aa1•aa ~t at• IAO[ ~ OF a OYNTII aaCT10N YTIIITr JO• NO { .: R B. C. Exhibit "C" aTATa 0- F1.0 RIGA Da-A RTMtNT 0- TRANa-O RT ATiON OIV1a ION 0/ -UaLIC TRANa-ORTATION RAILROAD GRADE CROSSING APPLICATION aTATa IIOAD NO. tONNTV NAM[ -ARC[L ~ R/W !O• NO. DOC KaT NO. AG[NCY IDE~'TIFIC.~T10~: tubmittcd B.•• aEent J meR ,al 1 aghP_,r_T t~aynr Titlt ('i _y of SPbaSt i an Telephone (305] 5.89..5'~~0 Address _ P_ n_ Rnx 1 ~ 7 ~nhaatianr F1~ •t7QSR /application For: [x ] Gosing a public at-grade rail/highway crossing b.• - [ ] rail line rcmrn•al ~) roadwa~• rema~a! [ ] Opening a public at-grade rail/highway cro:~ing b}• - [ ] new rasl line construction [ ] new roadMa.• constTUCtion CROa~~G LOCATION: lurisdietion for Street or Roadw•:~• b.• Authorit.• of: jx 1 Ciry j ) County j 1 Srsnr Local Popular \ame of Street or RoadM•a~• ,~'~}1matL$ttBetG._:(SeeEind Street} Railroad Company Railroad Mile Daft (Distance S Direction) +• 3 ~tarest Existing Grade Crossing - Earlt Direction: Direction Distmtcr D~)T Cros=ins dumber (1) Nnrth (~~ South !Main Street! a~= Y^x~+i1~/d mile flap j ) Attached ( j Mailed Separare CRt~a: Lit: 1~ T aLL.aTh~\: P.oadty~ Traffic 1•ohnnr 1.•lDT) ( ~ Exi=tiny ( ) Propl~e•d T~'pe P.oadN•av ~ f x) Esistin~ 1$' AS~h a1t- ~ ~ Prnpn-+~) T~•pe P.ril Linr (X) E~i=tntL Ry]'ll P +•r ar_k ~ f Propo-•d ~umbrr of Trains Per Da~• 29 ~prrd of Train= 30 }4PH Cost Estimate to Install Cro±~in¢ ~ ~ CO{t Of installatiUll Cltar~r lu ~ ~ .4p(a~ICartt ~ ~ Qt}?gr Cust Estimate for .annual ~laintrnance C:osl of annual ~iainlrnanc. Ch+rF~ to ~ ~ ~goiicant ~ ~ ~>er 0 r, ~ ~IG~AI. L~ST.~LLATIOV: E. :~ s TI'pt ~ f/an~rinp Lights Irot,~llation Performed br Cost Estimate to Install Signals Cost of Installation Charge To Colt Estimate for annual )laintrnincr Cost of:lttrtual Maintenance Charge To I I Wam;np Bells (J Gates () pdfeir C I Applicant (I Railroad ! I Daher I Applicant ( f Other ( I Applicant ( I Odrer PUBLIC HEARL~G: Prior to the adoption of any rule or regulation for opening or closing at-grade public railAtighway crossings, if requested a public hearing will tie held by the Secretary of the Department or his duly authorized hearing officer, pursuant to the provisions of Chapter f 20, Florida Statutes, the Uniform Administrative Procedure Act . =CB~IITTED F+)R THE .at;E~CI' B}': D.~1TE: ~ ~ g - es Gallaghe Mayor -'- DEP.~RT~IE\TAL AP^R+)\•.~L Bl': D.~TE: • Uistrirt Railroa~ (:oordinator REFERS\CES: (Spcci(ic Legal .~uthnrih•) °0.03(.1), 33-L0^_(6) F.S. (LaN• Implemented) 338 °l F.~. (.~dministrotivr Rulr) 1 ~1-I6.03 D.O.T. '-(TTACH\IE\TS: l Lie t) 11 ill Applicant & Represented by Counsel at the Public Hearingl , I j Yes (Complete fo/lowinpJ (I No Attorne~• dame Daniel M. Kilbride Jr. Attorne~• Telephone _ (.305) 562-8710 Attome.• Address P• O. Box 2 4 2 7 Vero Beach, Florida 32967 Describe 1laterial to be Placrd in E~•idrnce at Public Hearing: , (maps, revolutions, agreements, documents,stc.J . y5 ~~ ~(7Y f?F' ,~ ~tOid[E (}E PELt~d SSCpt~Ts CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Agenda No. Q ~,. ®~ Ap oved Submittal by: City Manager Department Origin: Police Dept. Finance Director: City Attorney: City Clerk• ... re inner Date Submitted: 01/07/2009 For Agenda of 01/14/2009 Ezhibits: Letter of certification from Police Chief Sole Source EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $9,000.00 $9,000.00 SUMMARY The police department is responsible for investigating various criminal activities involving drug violations with in the city of Sebastian; with this there is a need to expand the use of canines to detect various drugs. An addition of 1 dog will afford the city 24 hour access to a canine for the purpose of bath searching and detection of narcotics. We propose to purchase the canine by using our forfeiture funds. Florida Statute 932.7055 (5) (b) pertaining to the use of forfeited funds requires the approval of the local governing body and the chief of police to expend these funds. Most of the funds are obtained by seizing money and/or property from drug dealers and users. This is a request for your approval to purchase a German Shepherd in the use of drug detection. RECOMMENDED ACTION Approve the expenditure of Forfeiture Funds in the amount of $9,000 for the purchase of a German Shepherd canine from Canine Extreme, Key West, FL. ~t~ ~~~ASirrq PaLICE ~~PAR~M~~~ fl , ~~~ ~~ ~~~ Sebastian Police Department 1201 Main Street Sehastian, Florida, 32958 772-589-5233 Fax 772-38818'72 e-mall spd~cityolseUastian.org James Davis, Chief of Police January 7, 2009 Richard H. Gillmor, Mayor Jim Hill, Vice Mayor Andrea Coy, Councilwoman Dale Simchick, Councilwoman Eugene Wolff, Councilman City of Sebastian 1225 Main Street Sebastian, Fl 32958 Reference: Expenditure from Forfeiture Account FS 932.7055 (5) (b) This letter is to certify that the requested expenditure of $9,000.00 for the purchase of a German Shepherd from Canine Extreme is an approved use of Forfeiture Funds. The police department investigates various crimes including drug violations where dogs are used to detect and locate various types of narcotics. This purchase does not supplant our normal operating budget. Sin rely ~. awes A Davis ~ Chief of Police l~ q~ CITY OF SEPASTIAN PURCHASING E~iTRAORDINAItY PROCUREMEllTT CERTIFICATE DATE: d! -a ~ -aa TQ: PURCHASING DEPARTMENT FR©M: ! "~iP/ (n~QL~Ga2~' /a L~.J~7T ,~ DEPA]E~TMENT: /~oG ~~~ TYPE OF PROCUREMENT: SINGLE S®URCE ~ EMERGENCY Q ITEMS OR SERVICES REQUII2ED: Pot~c~ DoG PROP~2SED VENDOR: CA~~~~ fX~kFm~ JUSTI]C'ICATION FoR EXCEPTION TO N()RMAI~ PIZ©CUREMENT PROCEDURE: OT7iE,~ POL~c~' OoL YC,J/JoaS (,J~z~ CoN~Ac.TEO A,vp ~/THf~ 4iv ~c%i Mpv~ AuY 4c6s /-Ivrait~Bc.~ OR W~c~2c< FG~.~4 % ~ ~+~ (l~IACO.~~AQ~f A/ki~1 t %~ST,.,1G . ____~____~~ -CERTIFfCATl41~T OFAVAI~A&ILITY/NECES~I2'Y----------------------- I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the supplier of the goods/services requested is the sole source supplier, or (2) the Department has an urgent need, on an emergency basis, for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /sere ..e would not.be in the ubiic's best interest and would be detrimental to the City. ~~ /~ ~ _ . Head Signature A pprov Date: ! -' L-~ Month Day Year Disapproved: Purchasing City Manager A:~~OP~IvL' ~D Invoice Customer Sebastian Police Department 1201 Main Street Sebastion, Florida 32985 (772) 589-5233 Item Description Quantity Rate Amount CEPD Police Dog Sale -Wilson Male German Shepherd .- Canlne Extreme io Beechwood Dr•Key West•Florida•33040 ~ Fi r~' 1 9,000.00 9,000.00 FA [~' ^~ k :q.a .. , ~ •~ ~~ ~^ It's been a pleasure working with you! Total $9,000.00 5- 5~ f31Y Of .~ ~~~_~, . (~ r)r.:J r '. .t HOFJfE t3F PFd.[:;AN [SI14Pd33 AGENDA TRANSMITTAL Subject: Agenda No. City torney Employment Agreement Department Ori Cit Mana er City Attorney: A ov Submittal by: City Clerk: Date Submitted: 8 JAN 2009 I i er, Cit Mana er Exhibits: Attached Contract, Robert A. Ginsburg Resume EXPENDITURE REQUIRED: AMOU NT BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A SUMMARY At the December 10, 2008 meeting, the City Council considered and voted to enter into contract negotiations with Robert A. Ginsburg for the position of City Attorney. Further, Council instructed the City Manager to negotiate the terms of an employment agreement. Attached is said employment agreement between the City of Sebastian and Mr. Ginsburg for services as City Attorney. The contract is nearly similar to the Interim City Attorney contract currently in place for Mr. Ginsburg. The terms for service and payment have essentially remained the same. Mr. Ginsburg also requested that his resume be attached for further review as an introduction to elected official who had not participated in his hiring as Special Magistrate. RECOMMENDATION Consider acceptance and execution of City Attorney employment agreement. 53 J AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this _ day of January 2009 by and between the City of Sebastian, a Florida municipal corporation (hereinafter referred to as "City") and Robert A. Ginsburg (hereinafter referred to as "Mr. Ginsburg") pursuant to the following terms and conditions. WHEREAS, the City desires to retain Mr. Ginsburg as City Attorney of the City of Sebastian; and WHEREAS, the City expects Mr. Ginsburg to perform all the responsibilities and obligations required as City Attorney, as illustrated in Section III of this Agreement and pursuant to the City Charter, Codes and Ordinances and applicable State and Federal regulations; and, WHEREAS, Mr. Ginsburg is willing to enter into a relationship with the City of Sebastian to perform the services as provided; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and Mr. Ginsburg, hereby agree as follows: APPOINTMENT The City hereby appoints Mr. Ginsburg as the City Attorney of the City of Sebastian effective as of the date of this Agreement. II. TERM OF AGREEMENT The intent of this Agreement is for the City to receive legal services. The term of this Agreement will continue until either party terminates the Agreement. DUTIES OF THE CITY ATTORNEY It is understood that Mr. Ginsburg has been retained to act as City Attorney to provide general legal representation to the City as prescribed by the City Charter. These duties include providing legal services to the City Council and functioning as legal counsel to the City Clerk and City Manager at their request. This mission will include, representation in the areas of general local government law, employment law, land use law, real property law, environmental law, election law and constitutional law. Specific duty illustration may include: 1. Attendance at Regular and Special Meetings of the City Council and attendance at the meetings of the Planning and Zoning Commission. 2. Attendance and representation of the City atquasi-judicial board meetings other than City Council meetings. 3. Providing legal advice on general matters of the City to members of the City Council. 4. Conducting office hours as needed at City Hall for the purpose of advising the City Clerk, City Manager and other Department Head staff on general legal matters that arise while conducting the day-to-day operations of the City. The City shall provide secretarial, office space, equipment and other administrative support in this function. Said office hours may be established by mutual consent of Mr. Ginsburg, City Clerk and City Manager. 5. Mr. Ginsburg recognizes that specific legal support is required to assist in on-going projects and will provide assistance to the City for: 55 a. Comprehensive Plan Up-date and associated meetings; and b. Indian River County - Interlocal Service Boundary Agreement (ISBA) and associated meetings; c. Assistance with on-going City of Fellsmere land use litigation and Department of Community Affairs petitions, protests or like matters; and, d. Advising on the petition of Writ of Certiorari with regard to the Romeo variance denial. 6. Drafting and executing other resolutions, ordinances, agreements, contracts and other legal documents as required by the City Council, City Clerk and City Manager. 7. Serving as a member of the City Investment Committee, which has oversight for the investment of City Funds. 8. Administrating the City's general -iability claims. 9. Other matters that are deemed mutually agreeable between the parties that are not provided above. IV. COMPENSATION The City will compensate Mr. Ginsburg at a rate of two hundred dollars ($200) per hour, billable on a monthly basis by Mr. Ginsburg. V. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify Mr. Ginsburg against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of Mr. Ginsburg's acting within the course and scope of his duties as City Attorney. VI. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. VII. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. VIII. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement. IX. NOTICES All notices consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: 5~O To the Employer: With Copy to: To City Attorney: X. ENFORCEMENT City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 Robert A. Ginsburg 5415 25th Place Vero Beach, Florida 32966 In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to a reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting its asserts specific contentions concerning the Agreement which are filed upon the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and Robert A. Ginsburg has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation Richard H. Gillmor, Mayor ATTEST: Sally Maio, MMC City Clerk Robert A. Ginsburg 5~ ROBERT A. GINSBURG EDUCATION Harvard Law School, Cambridge, Mass., JD 1969. Univ. of Miami, Coral Gables, Fl., AB Economics, magna cum laude, 1966. EXPERIENCE County Attorney, Miami-Dade County, Fl., 1980 - 2005. First Assistant County Attorney, Miami-Dade County, Fl., 1975 - 1980. Advised the Board of County Commissioners, the Zoning Appeals Board and the Planning Advisory Board on zoning, land use, planning. Assistant County Attorney, Miami-Dade County, Fl., 1970 - 1975. Ad valorem tax, condemnation, elections, municipal finance, seaport. • City of Orlando, Hearing Officer, Zoning and Land Use, 2006 -present. • City of Sebastian, Special Magistrate, Code Enforcement, 2007 - 2008. • City of Sebastian, Interim City Attorney, 2008. • Miami-Dade County, Charter Review Task Force, July, 2007 -Jan. 2008. • Of Counsel, Shubin & Bass, Miami, FL, 2008. RECOGNITION City, County and Local Government Law Section of The Florida Bar: • Ralph A. Marsicano Award, 2005, "Significant Contributions to the Development of Local Government Law in Florida." • Paul S. Buchman Award, 2003, "Outstanding Contribution in the Area of Legal Public Service." Eleventh Judicial Circuit of Florida: Certificate of Appreciation, 2005, "Many Years of Outstanding and Dedicated Service to the Judiciary and to the Citizens of Miami-Dade County, Florida." Miami-Dade League of Cities, 2005, "Superior Public Service." "Robert A. Ginsburg Day" Miami-Dade County, Coral Gables, Hialeah. 58 Ct1Y ~T -~ ~ ~ , l , ~~ lI ~J~3L' , 1l~ l _ / I__ _~i ~. 9C~~G VG ~°'•.l~d'LL`1 IJfLil\fl AGENDA TRANSMITTAL Subject: Agenda No. ~ "; % ;' ~^ (,?q, (,> j I our Chaplains Memorial Department Origi i Mana er City Attorney: A ve Submittal by: City Clerk: Date Submitted: 8 JAN 2009 ' er City Mana er Exhibits: Pictures EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY At the January 14, 2008 Regular Meeting, Council will be requested by a veterans group, led by Diane George, to dedication a 50' x 50' parcel in Riverview Park to facilitate the location of the Four Chaplains Memorial. Previously, Council was made aware of this request and since that time, the Veterans Group has now modified designs and seeks a location and permission to erect a sign marking the location of the memorial to come. The group is current in the process of raising funds and seeks no financial support from the City. Enclosed for your review is a rendering of the proposed memorial and potential locations. Staff has identified two areas. First, a location between the War Memorial and splash pad. While this location is only 36'x 50', it proposes the best use of the park, without sacrifice to parking, or other future uses. Because the Veterans group is still in the design phase with Schulke, Bittle and Stoddard, it is probibly feasible to design to this space. Another location alternative is immediately south of the War Memorial. This area may require some tree removal and slightly protrude into the park area, but, will provide a space large enough for the group. RECOMMENDATION Consider request for land dedication and sign erecting. 5q ~e ~ .a !*"''" _~r ~ ~ L(1 _ :~ ~; x ~, ~J`~ o ;~- ~~ ,, (~ i ~~ =- ._....~ ~""" ~~ ~.,..~.. o- ~~ ~.,./' { (~ . , ;:~ ~, ~~~ :: ~~.~~ .i`~~ ~~ ,~ ~~ °_ • ~~ ~5 ~~ i ~~ ~:I' ~~ cm of ~~~,~!'Tv1~,~ HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. (~~g. C~ Ordinance No. 0-09-01 Adopting the Capital Improvements Department Origin: GMD Element for the Comprehensive Plan City Attorney: A rov r Submittal by: City Clerk: Date Submitted: January 8, 2009 n r, City Manager Exhibits: Ordinance No. 0-09-01 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A SUMMARY This Ordinance is merely a housekeeping item. The City Council has already approved the Capital Improvements Element (CIE) for transmittal to the Florida Department of Community Affairs as part of the Ordinance No. 08-10. DCA staff has requested that the City adopt the Capital Improvements Element with a separate ordinance. RECOMMENDATION Approve Ordinance No. 0-09-01 on first reading and establish second reading and public hearing for adoption on January 28, 2009. ~4 ~o ORDINANCE NO.O-09-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's Capital Improvements Element of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian, acting as the Local Planning Agency, held a public hearing at its October 16, 2008 meeting to consider several Comprehensive Plan amendments, including the Capital Improvements Element, and recommended that City Council adopt the same; and WHEREAS, the City Council on December 10, 2008, approved a first reading and transmittal public hearing on Ordinance 0-08-10, Amendment to the Comprehensive Plan - Goals, Objectives & Policies and Data Inventory & Analysis for various elements, including the Capital Improvements Element; and WHEREAS, the Department of Community Affairs has advised that the Capital Improvements Element should be adopted separately; and WIINREAS, the City Council has provided notice of the proposed Plan Amendment and has conducted the required public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so; and NO~%V, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN AMENDMENT. The amendment to the City of Sebastian r~ ` Capital Improvements Element of the Comprehensive Plan is hereby adopted amending the Goals, Objectives & Policies and Data Inventory & Analysis as set forth in the attached Exhibit «A„ Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Richard Gillmor Vice-Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff The and, upon being put to a vote, ~~ The Mayor thereupon declared this Ordinance duly passed and adopted this day of 200 CITY OF SEBASTIAN, FLORIDA By: Richard Gillmor, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney 'I 3 ~µ CffY OF CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT December 2008 Prepared For: City of Sebastian Planning Department 1225 Main Street Sebastian, Florida 32958 Prepared By: AND DESIGN INNOVATIONS ~~m~mted 1'f0 North Orlando f3venue suite z9s Winter 'ark. Florido 32789 #~hone: ~fQ7-975-1273 Fax ~f07-975-1278 www.landbiz.com ~5 EXHIBIT A HOME OF PELICAN ISLAND CITY OF SEBASTIAN COMPREHENSIVE PLAN CAP[TAL IMPROVEMENTS ELEMENT TABLE OF CONTENTS A. INTRODUCTION ....................................................................................................................1 B. INVENTORY OF NEEDS AND FUNDING SOURCES .....................................................2 1. Public Facility Needs ...........................................................................................................2 a. Public Health Facilities ..................................................................................................2 b. Public Education Facilities ............................................................................................2 c. Public Safety -Fire Services .........................................................................................3 d. Police Services ...............................................................................................................5 e. Transportation ..............................................................................................................:.5 f. Sanitary Sewer .........................................................:.....................................................8 g. Solid Waste ....................................................................................................................8 h. Drainage .........................................................................................................................9 i. Potable Water ...............................................................................................................10 j. Recreation/Open Space ................................................................................................11 2. .Funding Source Definitions ...............................................................................................12 a. General Fund Revenue Sources ...................................................................................12 b. Other Funds Revenue Sources ................................................................:....................13 C. PUBLIC FACILITI' ANALYSIS .........................................................................................15 1. Current Practices for Funding Capital Improvements .......................................................15 2. Impacts of Future School Needs on Infrastructure ............................................................16 3. Timing and Location of Capital Projects .......................... .................................................16 4. Financial Assessment .........................................................................................................17 a. Transportation ..............................................................................................................17 b. Sanitary Sewer .............................................................................................................17 c. Water .........................................................................................................................:..18 d. Solid Waste ..................................................................................................................18 e. Drainage .......................................................................................................................18 f. Recreation and Open Space .........................................................................................19 5. Forecasting of Revenues and Expenditures .......................................................................19 a. Debt Capacity ......... ..................................................................................................19 IX-i ~~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT b. Operating Expenses .....................................................................................................19 6. Financial Feasibility ...........................................................................................................20 7. Concurrency Management ............................... ..........20 ........................................................ D. GOALS OBJECTNES AND POLICIES ...........................................................................32 LIST OF TABLES Table XII - 1: Inventory of Public Schools ................................... ....................... . Table XII - 2: City of Sebastian Capital Improvements Schedule FY 2008/09-2012/13 .... Table XII - 3: City of Sebastian Capital Improvements Schedule FY 2008/09-2012/13 (Continued) ................................................................................................................... Table XII - 4: Projection of Ad Valorem Tax Revenues ..................................................... Table XII - 5: Projections of Non-Ad Valorem Tax Revenues ...................... .. ..................... Table XII - 6: Projections of Non-Ad Valorem Tax Revenues (Continued) ....................... Table XII - 7: Projections of Debt Service Obligations for Outstanding Bond Issues ........ Table XII - 8: Projection of Debt Capacity .......................................................................... Table XII - 9: Projections of Operating Expenses ........................................ LIST OF MAPS ...... 21 ...... 22 Map XII- 1 Schools Serving the City~of Sebastian ..................... ............................ 31 ...................... ,x~ ~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELFMFI~IT CHAPTER IX -CAPITAL IMPROVEMENTS ELEMENT A. INTRODUCTION The purpose of the Capital Improvements Element is to evaluate the need for public facilities as identified in other Elements of this Plan. In addition, the Capital Improvements Element will present an analysis of the fiscal capability of the City to fund needed public facilities, recommend financial policies to guide the fiuiding of those identified improvements, and to schedule the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required. All capital projects shall be reviewed as to their compatibility and timing in relation to capital projects being implemented or planned by Indian River County, the Florida Department of Transportation, the St. Johns River Water Management District, the Indian River. County School Board, the Florida Department of Environmental Protection, and/or any other applicable government agency. Needed capital improvements are those that are necessary to meet the adopted level of service standards identified in other Elements of this Plan. The City of Sebastian public facilities that require identification and funding are: • Transportation -Roadways that are under the jurisdiction. of the City and County, and those roadways which need funded improvements. • Sanitary Sewer -Sanitary sewer treatment and effluent disposal facilities necessary to serve the existing and future population of the City. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate sanitary sewer facilities. • Solid Waste -Solid waste disposal facilities to service the City's existing and future population. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate solid waste collection methods. • Drainage -Drainage systems necessary to .meet recommended level of service standards for stormwater quality and conveyance. Provision of said services and facilities shall include coordination with Indian River County and the Saint Johns River V~'ater Management District (SRWMD), for improvements to systems and basins which serve the City but are outside its jurisdiction. • Potable Water -Potable water treatment facilities necessary to serve the existing and future population of the City. This includes coordination with Indian River County to ensure those facilities are available when needed, and recommendations for adequate potable water facilities. • Recreation/Open Space -Land area necessary to meet the recommended level of service standards. IX-1 7~~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The Capital Improvements Element will also present methods to implement and monitor Concurrency Management as defined and required in Chapter 9J-5.003, 9J-5.016 & 9J-5.0055, Florida Administrative Code (F.A.C.). B. INVENTORY OF NEEDS AND FUNDING SOURCES 1. Public Facility Needs The applicable elements have identified various capital improvements necessary to meet the recommended level of service standards. In addition, Chapter 9J-5.016, F.A.C. requires the City to assure adequate public facilities are available to service public health, safety and education needs. An assessment of the required public facilities is presented below. a. Public Health Facilities The Sebastian River Medical Center is a 129-bed private facility operated by Health Management Associates of Naples, Florida. Located outside the City limits, the medical center is not part of the City's budgetary process. The Indian River County Health Department provides medical care to all Indian River County residents at its main clinic (the Vero Beach Center), and the Gifford Health Center satellite clinic, which are both located in Vero Beach approximately fourteen miles from Sebastian. b. Public Education Facilities The Indian River County School District operates the public education facilities for residents of Sebastian. There aze three educational facilities located within the City of Sebastian, Pelican Island Elementary School, Sebastian Elementary School, and the Sebastian Charter Junior High School. The City is also served by the Sebastian River High School and Sebastian River Middle School that are located immediately outside the City limits. These education facilities have been included in the assessment of applicable public facilities. An inventory of these public education facilities, including enrollment, capacity information, and locations are presented in the Public Schools Facilities Element (PSFE). All counties and municipalities are required to adopt a Public School Facilifies Element (PSFE) as a part of the Comprehensive Plan by March 1, 2008. Indian River County adopted its PSFE in November 2007. The City is a party to the Indian River County Interlocal Agreement for Public School Planning, along with Indian River County, Indian River County School Board and the cities of Fellsmere and Vero Beach. The interlocal agreement was approved by all entities in February 2008. A general summary of existing and future public education deficiencies is as follows. Please note, this summary does not include charter schools. ~'7 9 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT (1) Existing Public Education Deficiencies: As described in more detail in the PSFE, only two schools are over FISH ~ capacity. These schools, Sebastian River Middle School (127%) and Sebastian River High School (105%) are over 100% capacity for the 2007/08 school year. Programmed improvements are identified in the District's budget to address the deficiency in the middle school. The high school has capacity projects scheduled in the current Five-Year Capital Facilities Plan for Indian River County School District. (2) Future Public Education Deficiencies: Based on student population projections from school years 2006/07 through 2011/12, Sebastian Elementary School, Sebastian River Middle School and Sebastian River High School are expected to be over capacity by 2013 if no capital improvement additions or facilities are constructed. (3) Upgrades & Maintenance of Public Education Facilities: The Indian River County School District maintains aFive-Year Capital Improvement Program to address capacity requirements of the District. As the School District works through the development of its FY 2008-2012 Five-Year Plan, the utilization of any school above 100% will be redistributed to meet the requirements of concurrency. Current and future projected middle school overcrowding is anticipated to be resolved with the opening of an additional middle school. c. Public Safety -Fire Services The Fire Rescue Division of the Indian River County Emergency Services Department services the City of Sebastian as well as providing service throughout the County. The Indian River County Emergency Services Department does not serve Indian River Shores, which has its own fire department. The services provided include firefighting, basic life support and advanced life support medical response, special operations (marine firefighting, dive rescue, airport firefighting and rescue, high angle rescue, hazardous materials response and confined space rescue), fire prevention, arson investigation, pre-hospital emergency care and public education. ~ Florida Inventory of School Houses (FISH) Permanent Capacity is a product of the number of classrooms at a school and the permanent student stations assigned to each room type including an adjustment utilization percentage for middle and high schools: Temporary capacity from portables is not included in this calculation. ~o , ~, CITY OF SEBAST[AN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Fire/EMS Stations 8 and 9 are presently located within the City limits of Sebastian. However, Fire Station 9, which was damaged by the humcanes in 2004, is going to be abandoned in 2009 and the personnel and equipment moved to another station located just north of Sebastian outside the City limits. The new Station 9 will provide services to the same geographic location as the existing station. In addition, depending on the circumstances, equipment or resources from any of the other nine fire stations in the County can be diverted to the City. Fire Station 8 is staffed by five (5) full time Fire/EMS personnel and its equipment includes a Quint , an ambulance, a brush truck and a tank truck. Fire Station 9 is also staffed by five (5) full time Fire/EMS personnel and its equipment includes an ambulance, an engine and a brush truck. A general summary of any existing and anticipated future public safety deficiencies is as follows: (1) Existing Fire Safety Deficiencies: Based on the County's Insurance Services Office (ISO) rating, there are no existing fire safety deficiencies for services provided within the City of Sebastian. The ISO ratings are given to fire departments throughout the country based on the effectiveness of their fire protection services and equipment to protect the community. (2) Future Fire Safety Deficiencies: Continued residential and non- residential development may increase the demand for Fire/EMS services. As part of the County's long-range planning efforts, the County has identified the future development of a new fire/rescue facility at the western boundary of the City that will also service unincorporated County. (3) Upgrades & Maintenance of Fire Safety Facilities: The Indian River County Fire Rescue Division has two primary sources for capital expenditures: emergency services district and optional sales tax. No general fund money has been spent on fire rescue capital improvements in recent years. The County assesses impact fees for new development based on land use. The City of Sebastian collects the County impact fees and forwards them to the County. As stated previously, the County has identified the future development of two (2) new fire/rescue stations located at 49`h Street adjacent to Gifford and 4`b Street and 43rd Avenue to accommodate the future demand for fire/rescue service associated with new development. The estimated cost for these facilities is approximately $5,444,705. The new stations will be funded with impact fee revenue. Quint is a term assigned to a piece of firefighting apparatus (vehicle) that is comprised of a combined ladder and engine/pumper truck. ~l CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT d. Police Services The Sebastian Police Department provides law enforcement services to the residents of Sebastian. Currently, there are forty (40) sworn officers, including the Chief of Police, and a support staff of fourteen (14) civilians. In 2004, the existing Sebastian Police Station was expanded from 8,700 square feet to 18,700 square feet to address needs identified in the City's 1999 Comprehensive Plan. A general summary of existing and future police service deficiencies is as follows: (1) Existing Police Deficiencies: The State average for sworn officers per population is three (3) for every thousand persons. With an estimated 2008 population of 22,400 the City of Sebastian would need a total of sixty seven (67) officers to meet the State average. Based on these population estimates, and the City's current roster of 40 sworn officers, the City is currently deficient based on the number of sworn officers relative to the overall City population. The deficiency can be attributed, in large part, to the passage of Florida Amendment 1 in January 2008 that reduced property taxes and associated ad valorem tax revenues (2) Future Police Deficiencies; Residential and non-residential development through 2030 will increase the demand for law enforcement sworn officers in order to reach the State standard requiring three officers per thousand persons. Construction of a new police station, sub-station or public safety facility to accommodate the anticipated development may also be warranted. (3) Upgrades & Maintenance of Police Facilities: The 2004 police station expansion was designed to accommodate needs through 2015. The City has identified additional capital outlay funds to address law enforcement services through 2013. The City's 2007/08 Annual Budget includes funds for personnel, vehicles, uniforms, laptops and equipment estimated at $2,310,000. Specific capital purchases including vehicles, special vehicle equipment and personnel equipment are identified in Table XII-2. e. Transportation All major roadways within the City limits of Sebastian are under the jurisdiction of the State of Florida, Indian River County or the City of Sebastian. Using functional classifications established under Chapter 355, F.S. the major components of the Sebastian roadway inventory consists of: • US Hi hway 1 is a divided four (4) lane facility under the jurisdiction of the Florida Department of Transportation (FDOT) and serves as a principal arterial. This road provides a linkage for both inter--and infra-county traffic between Brevard and St. Lucie ,counties. Since US 1 is the primary north- IX-5 ~~ .. . CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL 1MPROVEMFNT.C Ft FMFUT south route through the City of Sebastian, local traffic also uses this road on a frequent basis. • Sebastian Boulevard (County Road 512) is a divided four (4) lane facility under the jurisdiction of Indian River County and serves as a minor arterial for the City, providing access between US 1 and the west City limits line. Since Sebastian Boulevard is the primary east-west route through the City of Sebastian, local traffic also uses this road on a frequent basis. • Roseland Road (County Road 505) is an undivided two (2) lane facility under the jurisdiction of Indian River County and serves as a north-south minor arterial for the City of Sebastian. Roseland Road connects US 1 to Sebastian Boulevard in the northeast section of the City and provides access to the airport. • Wabasso/90`h Avenue (County Road 510) is a divided four (4) lane facility south of 510 that reduces to a two (2) lane undivided facility. The County is currently fmalizing plans to make this entire segment a four (4) lane divided facility. This road connects to Sebastian Boulevard and US 1. • Schumann Drive is an undivided two (2) lane facility from Barber Street to Beach Lane and a divided two (2) lane facility from Beach Lane to LTS 1, under the jurisdiction of the City and serves as an urban collector for the City of Sebastian. Within the City, Schumann Drive runs north-south along the eastside of the City from Barber Street to US 1 and can be characterized by its curvilinear design. Schumann Drive becomes 66`~ Avenue as it leaves the city limits to the south and connects to CR 510. • Englar Drive is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Englar Drive provides an east-west connection from Barber Street to Schumann Drive. Englar Drive allows the primary residential area access to US 1 and the commercial districts. • Barber Street is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Barber Street serves the Sebastian Highlands area north and south of Sebastian Boulevard (CR 512). Barber Street begins at Wimbrow Drive near Hardee Park and runs south to US 1 with connection to Sebastian Boulevard (CR 512) and Schuman Drive. • Main Street is an undivided two (2) lane facility under the jurisdiction of the City and serves as an urban collector for the City. Main Street links US 1 with Easy Street and Fleming Street, both of these streets connect to Sebastian Boulevard. Main Street serves the City HalUPolice Station, the City Golf Course, the City Airport and the Post Office. • Easy Street is a undivided two (2) land facility under the jurisdiction of the City that provides a key north-south route through Sebastian. This roadway ~s ~~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT extends from Main Street south to Schumann Drive providing access to Sebastian Boulevard (CR 512). These roadways, along with all other classified roads, are listed in Table II-1 in _. the Transportation Element. A general summary of existing and future transportation system deficiencies is as follows: (1) Existing Transportation Deficiencies: There are no existing level of service (LOS) deficiencies on any State, County or local collector roads in the City of Sebastian. The majority of the City's roadways operate at LOS C with the exception of Barber Street and Schumann Drive which operate at LOS D. The established LOS for the City collector roadways is LOS D. (2) Future Transportation Deficienciesc The Indian River County MPO 2030 Long Range Transportation Plana identifies several roadways that have the potential to become deficient between 2011 and 2030 for the City of Sebastian. These include portions of US 1, CR 512 (Sebastian Boulevard), CR 505 (Roseland Road}, Barber Street, Schumann Drive and the extension of Laconia Street. (3) Upgrades and Maintenance of Transportation System: The Indian River County Transportation Improvement Program does not identify any roadway improvements in Sebastian between the fiscal years 2007/08 and 2011/12, because no deficiencies are expected to occur until after 2012. The City has programmed and coordinated several improvements on State, County and local roads to improve operations and pedestrian safety, including: raising the elevation and widening Easy Street (including stormwater improvements and sidewalk/bicycle paths); constructing pedestrian bridges over waterways alongside parallel roadways for safety reasons; improvements to CR 512 corridor through landscaping and enhanced pedestrian crosswalks; intersection improvements at_Barber Street and Schumann Drive; ongoing sidewalk construction program; and design and construction of a paved road extending Powerline North Road to CR 512. Planned maintenance includes street resurfacing throughout the City. s Indian River County Transportation Improvement Program FY 2007/08-2011/12, IRMPO, July 11, 2007 8y a., CITY OF SEBASTIAN COMPREHENSIVE PLAN CAP[TAL IMPROVEMENTS Ft Ft~rFttT f. Sanitary Sewer The central sanitary sewer system for the City of Sebastian is operated and maintained by Indian River County Utilities. The system is not available throughout the majority of the City of Sebastian, only along arterial roadways and in newer subdivisions. The City is served through the North Regional Wastewater Treatment Plant, which is linked to the Central Regional Plant, providing a combined current permitted capacity of 4.85 MGD. A general summary of existing and future Sanitary Sewer System is as follows: (1) Existing Sanitary Sewer Deficiencies: The County installed and maintains the collection system that exists along the arterial roadways within the City. of Sebastian. There are no existing collection system deficiencies, with the exception of any failing private septic tanks. (2) Future Sanitary Sewer Deficiencies: There are no anticipated future sanitary sewer deficiencies. It is anticipated that as the population of Sebastian and the surrounding unincorporated County grows, the demand for sanitary sewer services will increase. The County's Five-Year Capital Improvement Program identifies funds to complete the construction of the Spoonbill Marsh Site natural treatment facility that serves the North Regional Waste Water Treatment Plant service area, which is expected to accommodate future demand for sanitary sewer services associated with the anticipated population increases in the Sebastian area. . (3) Upgrades and Maintenance of the Sanitary Sewer System: Indian River County maintains aFive-Year Capital Improvement Program, which addresses the necessary upgrades and maintenance of its sanitary sewer system. The City of Sebastian and Indian River County coordinate regarding the anticipated future demand for Sanitary Sewer Services and the installation of system upgrades and enhancements. g. Solid Waste Indian River County provides solid waste disposal services to all residents and businesses in the County through a dependent special assessment district, the Solid Waste Disposal District (SWDD). The physical assets of the SWDD include the Indian River County Solid Waste landfill site and five Customer Convenience Centers (CCCs). The landfill site presently includes a total area of 595 acres that contains two (2) separate landfills. These are a Class I landfill (which contains two segments) and .a Construction and Demolition (C&D) landfill. Additionally the landfill site contains a 5-acre parcel dedicated for grinding all vegetative debris received. ~z, ~5 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT The SWDD does not provide solid waste collection services directly to homes and businesses. The City authorizes private franchise operations that provide such services on a voluntary basis for a monthly fee. The franchise operators also provide recycling service to all residential improved properties. The franchise operators bring the solid waste and recycling materials to the landfill site, and are not charged a tipping fee. Residents who do not contract with the franchise operators for solid waste collection are responsible for bringing their solid waste to one of the five Customer Convenience Centers. Hazardous solid waste is prohibited at the CCCs, although some is probably dropped off there. The SWDD transports solid waste from the CCCs to the landfill. Residential and commercial recycling materials maybe dropped off directly by residents and business owners at the landfill. A general summary of existing and future Solid Waste deficiencies is as follows: (1) Existing Solid Waste Deficiencies: There are currently no deficiencies in the solid waste program. Indian River County currently has adequate landfill capacity to meet the City's needs through the year 2030. (2) Future Solid Waste Deficiencies: There are no solid waste deficiencies anticipated through the planning period 2030. With the current cells and proposed additional cell 3, which includes an expansion of the existing C&D landfill, the landfill's design capacity will be 13.5 million cubic yards by 2030. It is estimated that to accommodate the anticipated future demand for solid waste services after the planning horizon year 2030, the landfill facility will require additional capacity for Class I solid waste and additional ~ capacity for construction and demolition waste. (3) Upgrades and Maintenance of Solid Waste Program: The County has no plans to upgrade its overall solid waste program. The County's Five-Year Capital Improvements Plan includes general improvements, and expansions in some cases, to the transfer stations (Citizens Convenience Centers). h. Drainage The City of Sebastian adopted a Master Stormwater Management Plan in 20044 that identified drainage projects to address drainage issues and problems within the City. The drainage issues were generally related to lack of culverts and problems with existing control structures, open channels and wet detention ponds. The Master Stormwater Management Plan projects were ranked using the following criteria: flood severity; public benefit; priority; permitting requirements; and water quality enhancement potential. A general summary of ° City of Sebastian, Master Stormwater Management Plan, CDM, 2004 </ j IX-9 ~S (L/ .. ... . CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT existing and future drainage deficiencies within the City are identified as follows with generalized recommendations for improvements. (1) Existing Drainage Deficiencies: City staff and the Stormwater Master Plan identified existing problem areas in the City in 2004. A recommended capital improvements schedule was included in the Stormwater Master Plan for the fiscal years 2003/04 to 2008/09. (2) Future Drainage Deficiencies: New development has to be designed to meet stormwater level of service standards. The Stormwater Master Plan has identified capital improvements designed to address the anticipated future conditions through 2018/2019. (3) Upgrades and Maintenance of the Drainage System: Stormwater system improvements identified in the Sebastian Stormwater Master Plan for the years after FY 2009/10 are included in the City's five-year Capital Improvements Program. The City has identified .$250,000 per year in FY 2009/10 and FY 2010/11 to upgrade the existing Swale system with quarter-round pipe. Improvements are scheduled for Collier Creek and the Twin Ditches. Scheduled maintenance now includes a program for mowing rotation of ditches. i. Potable Water The central potable water system for the City of Sebastian is operated and maintained by Indian River County Utilities through its North County. Reverse Osmosis Water Treatment Plant, which began operations in 1998. The current capacity of the North County Reverse Osmosis Water Treatment Plant is 3.5 MGD. A general summary of existing and future Potable Water System deficiencies is as follows: (1) Existing Potable Water Deficiencies: There are no existing deficiencies related to potable water consumption. The Indian River County Water Utility system has the capacity to serve existing residential and non-residential units that do not have private wells. (2) Future Potable Water Deficiencies: In order to address anticipated deficiencies based upon the projected potable water demand in 2030, Indian River County will establish six (6) additional wells. These wells are .currently undergoing. permitting. The County is also working with a consultant to design an alternative water ~,~ ~~~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS Fr FNr1=UT supply project to coordinate design capacity with demand projected to 2030 for the North County WTP. (3) Upgrades and Maintenance of the Potable Water System: Indian River County maintains a Five-Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. In the event the County is required to convert to alternative water supply sources, the existing treatment plant technology and facilities will continue to be utilized. In 2007, Indian River County prepared an Alternative Water Supply Master Plan. According to that plan, surface water may serve as an alternative to, or a supplement to, the Floridan Aquifer as the County's future potable water supply source. For surface water to be a practical alternative supply source, however, there needs to be a viable surface water storage system. Any such surface water storage system would need to be designed in coordination with the St. Johns River Water Management District (SJRWMD). In addition to identifying and planning for future alternative water supply sources, the County Utilities Department is also analyzing implementation of various water conservation and reuse programs. j. Recreation/Open Space The City of Sebastian Parks and Recreation Division is responsible for the maintenance and upkeep of its City parks as well as the maintenance and upkeep of rights-of--way and medians within the City. These responsibilities include maintenance of restroom facilities at nine (9) parks, regular maintenance of seven (7) basebalUsoftball fields and football/soccer fields, repairs to playground and picnic facilities, and the associated landscape planting and maintenance at these facilities. The City's park inventory includes over 1,097 acres of parkland. This parkland is comprised of twenty-five (25) neighborhood parks, nine (9) community parks, including the Municipal Golf Course, and the Stormwater Park. The City also owns and operates two (2) boat ramps. A general summary of existing and future Parks and Recreation facilities is as follows: (1) Existing Parks and Recreation Deficiencies: The City has no existing Parks and Recreation deficiencies. The City's LOS standard is two (2) acres of neighborhood parks per 1,000 residents and two (2) acres of community parks per 1,000 residents. Based on population projections through 2015 (28,069 residents) the a~ ,x,~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVFMF1~TC ~t >=M>=~iT City's 297 acres of neighborhood parks and 800 acres of community parks exceed the adopted level of service for park land. (2) Future Parks and Recreation Deficiencies: Based on population projections through 2030 (38,384) there are no deficiencies anticipated throughout the long-term planning period. (3) Upgrades and Maintenance of the Parks and Recreation System: There are no existing or future recreation and open space deficiencies identified. However, the City has included several capital projects aimed at enhancing the City's parks and recreation infrastructure through 2013. These projects include: development of five (5) existing unimproved parks located at Azine Terrace, Keen Terrace, the intersection of Barber Street and Acorn Terrace, the intersection of Carnival Terace and Periwinkle Drive, and the park at the intersection of Celtic Avenue and Crown Street. Additional programmed improvements include the replacement of field lights on the City's four ball fields; and upgrades throughout all City parks consisting of painting, fountains, irrigations systems and new turf. 2. Funding Source Definitions The City of Sebastian utilizes numerous sources to fund operation and capital expenses in the City. Since the adoption of the Comprehensive Plan, the City has employed methods described in the Capital Improvements Element in addition to its standard annual budgeting procedures to allocate funds for specific purposes. An overview of various funding sources utilized for capital project funding is presented below. a. General Fund Revenue Sources (1) Ad Valorem Taxes (Property Taxes). Ad valorem taxes include revenue from non-exempt property taxation. The current millage rate is 2.99175. (2) Local Half-Cent Sales Ta.~ Sales taxes are collected by businesses and remitted to the State of Florida pursuant to the "Local Government Half-Cents Sales Tax Fund" program, created by the Florida Legislature in 1982. Monies in this trust fund are distributed monthly to eligible counties and municipalities. (3) Franchise Fees. Franchise fees are paid by utility. providers (electricity, solid waste) for their use of City streets and property in 5 City of Sebastian Annual Budget, Fiscal Year 2007/08. ~r-~~ 84) CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT providing their services. The City assesses a franchise fee for the electric utility and the solid waste collection services. (4) Licenses, Permits and Fines. All b~~sinesses operating in the City are required to pay a local business tax. Fees for driveway permits, zoning, site plan review, plat review and alarm permits, provide income from this revenue source. Fines for parking tickets, court fines, code enforcement fines, and the like provide additional income. (5) Intergovernmental Revenue. Intergovernmental revenues are funds collected by the State or County and shared with other local government units. Major sources of shared revenue include the cigarette tax, State revenue sharing, beverage licenses, mobile home licenses, motor fuels tax, half-cent sales tax and occupational licenses. (6) Interest Income. Interest income is revenue earned on funds that have been invested by the City. (7) Other Charges for Services/User Fees. Service and user fees are charges for services provided by the City that are paid by the users to fully or partially cover the costs to provide services. (8) Utility Services Taxes. Utility taxes are assessed at a rate of 10% of the monthly purchase price on purchases of electricity, water, and LP gas services on customers within the City limits. (9) Communication Services Taxes. The Communication Service Tax replaced the franchise fee for dealers of communications services (including, but not limited to, phone and cable TV services}. The City assesses a tax of 5.22% of the sales price on all taxable sales of communication services provided within the municipality. b. Other Funds Revenue Sources (1) Impact Fees. These fees are charged concurrent with new development and contribute toward payment for infrastructure needs, but not operational costs, which directly result from new development. The only impact fee revenue included in the City's budget is currently assessed for parks and recreation. The City collects impact fees for Indian River County for transportation, emergency services, sanitary sewer, solid waste and potable water. (2) Special Assessments. Special assessments are levied against residents, agencies or districts that directly benefit from the service or facility. IX-13 ! ... . CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT (3) Special Fees. The City established the Sebastian Stormwater Utility in 2001, which levies an annual fee on a per unidproperty basis throughout the community. (4) Enterprise Funds. Enterprise funds are used to account for City services that are operated in a manner similar to private business enterprises where the intent is that the costs (expenses including depreciation) of providing goods and services to the general public on a continuing. basis be financed or recovered primarily through user charges. Examples of these are the Building Department Fund, Golf Courses and the Airport. (S) Local Option Gas Tax (LOGY). The LOGY is a six-cent per gallon tax levied by Indian River County. The tax funds are distributed to participating cities within the county on a percentage basis determined by the cities' populations and amount of annual transportation-related expenditures. (6) Discretionary Sales Taxes. The discretionary sales tax is the additional one-cent sales tax levied by Indian River County. In November 2002, an extension of the original Optional One-cent Sales Tax was approved by voter referendum through December 31, 2019. The tax funds are distributed to participating cities within the County on a percentage basis determined by the cities' populations. (7) Tax Increment Fund (TIF) Revenue TIF revenue is tax revenue that is attributable to the increase in property values due to the improvements within the City's Riverfront Redevelopment Area. The additional tax revenue that is received from the affected properties is referred to as the tax increment. This TIF revenue may be used for capital projects located within the City's Riverfront Redevelopment Area. (8) Law Enforcement Forfeiture Fund This fund is used to account for the receipt of forfeited cash and equipment associated with police activities. The use of these funds is restricted to police related equipment purchases and community education initiatives. (9) General Obligation Bonds. These bonds are backed by the full faith and credit of the local government and must be approved by voter referendum. They offer low interest for carrying less risk since they are secured by government taxing power. Capital improvements financed through general obligation bonds should be used only for projects benefiting the whole City. Currently, the City has no General Obligation Bonds. IX-14 I . CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT (10) Revenue Bonds. Funds raised from revenue bonds may be used for projects benefiting a specific group since charges collected from users of the improvement are applied directly to the debt service on these bonds. In this respect, the projects are self-supporting. Revenue bonds pay higher interest and their issuance may be approved by the City Council without voter approval. (11) Industrial Revenue Bonds. Though the local government issues these bonds, the debt is assumed by the companies or industries that use the revenues for construction of utility plants or facilities. Because they are tax-exempt and low interest, industries are attracted to this type of bond. Local government can transfer the actual liability to provide interest while garnering employment and economic benefits for the community. (12) Federal and State Grants and Loans. Federal funds are allocated to state agencies that administer block grants or are disbursed as block grants directly to state and local agencies or other eligible organizations. The purpose of the block grant program is to enable greater latitude by recipients in the actual use of the funds. These funds are generally a non-recurring source and cannot be accurately projected for budgeting purposes. Several federal agencies offer direct loan programs that allow limited ability for the City to finance capital improvements. State loans, however, can be used to finance capital projects such as land acquisition for low- income housing. C. PUBLIC FACILITY ANALYSIS 1. Current Practices for Funding Capital Improvements Capital improvements in the City of Sebastian are funded primarily by the Discretionary Sales Tax Fund and the Community Redevelopment Agency. The Discretionary Sales Tax provided 40.08% of the total funding for capital projects in Fiscal Year, (FY), 2007/08. The Community Redevelopment Agency provided 27.82% of the total funding for capital projects in FY 2007/08. Other significant revenue sources for capital improvements for FY 2007/08 were grants and recreation impact fees. These two sources provided 15.13% and 9.46% respectively of the total funding for capital projects in Fiscal Year, (FY), 2007/08. In FY 2007/08 the primary expenditures of capital improvement funds were for transportation and stormwater improvements. These two expenditure categories utilized 65.36% and 24.45% respectively, of the total capital funds expended in FY 2007/08. The various elements of this plan discuss and analyze capital improvements necessary to address existing deficiencies and provide facility expansion to meet projected growth. The methods of project prioritization of the identified capital improvements are explained below. IX-15 ~~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT To provide a means to determine the relative priority of each capital project, the City will use the following criteria to prioritize projects: • Whether the project increases the efficiency of existing facilities or infrastructure. • Whether the .project represents a logical extension of facilities within the urban service area. • Whether the project is fmancially feasible. • Whether the project is coordinated with major projects of other agencies. • Whether the project is necessary to meet established levels of service. • Whether the project implements the policies of the Comprehensive Plan as they pertain to concurrency requirements. • Whether the project eliminates a public hazard. Based on the criteria noted above, capital projects identified in the various plan elements were rated and the estimated costs for each project were determined. Table IX-2 displays a prioritized list of each capital project by element, including the corresponding cost estimate for the period 2008/09 through 2012/13. 2. Impacts of Future School Needs on Infrastructure Impacts placed on public facilities and infi-astructure serving school sites will be addressed on a case-by-case basis and are not anticipated to have any significant effects on current or proposed levels of service for short- and long-range planning periods. As additional student stations are added to existing schools or new schools are built, demand for and consumption of public services can be expected to increase proportional with the increase in student stations. The City has included future school demands when analyzing the City's transportation, water and sewer infrastructure needs. In addition, school demands on the City's water and sewer infrastructure have been included in the level of service calculations for those services. 3. Timing and Location of Capital Projects Capital projects planned through 2012 will occur in various locations throughout the City. The timing of new infrastructure is accomplished by setting guidelines within the various Elements of this Plan, to assess the relative strength of the City's infrastructure to service both existing and future growth. The numerous Elements of this Plan require City departments to provide an assessment of the City's infrastructure annually at budget time. As the Capital Improvement Program (CIP) is updated annually if there are any changes or deletions of previously funded projects shown in the CIP, the City will need to adopt an ordinance and transmit the changes to the Department of Community Affairs. IX-16 . .. .. l CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 4. Financial Assessment For purposes of assessing the City's financial capability to fund the capital projects identified in this Element, projected revenue sources and expenditures through the year 2013 have been identified in Tables IX-4:and IX-S; respectively. Specific local practices to help provide a more detailed level of analysis that will guide the provision of funding for needed improvements for each public facility are described below. a. Transportation The timing of new roads and streets, intersection improvements, and the placing of traffic signalization is driven by new development, availability of funds and public input. The location of signaling devices is determined by the Florida Department of Transportation (FDOT) on US 1 and by Indian River County on collector streets feeding into arterial streets. Placing of traffic signs and other internal controls on local streets are determined by the City of Sebastian. The City of Sebastian is a member of the Indian River Metropolitan Planning Organization (MPO). The Indian River MPO facilitates and coordinates regional transportation planning and roadway planning activities for Indian River County and its municipalities. Transportation related operations and maintenance are funded through the General Fund in the City Public Works and Engineering Departments. Capital improvement projects are funded from special revenues. The Indian River County Local Option Gasoline Tax and State Motor Fuels Tax, which are a part of general fund revenues, are reserved exclusively (pursuant to State Statute) for streets and drainage operations and capital projects. The County charges a transportation impact fee on new development throughout the county that is used to fund certain transportation improvements. The City collects the fee for development within its limits and forwards the funds to the County. b. Sanitary Sewer The City's central sanitary sewer system is provided by the Indian River County Utilities Department through its North and Central County Regional Wastewater Treatment Plants (WWTP). The goals, objectives and policies of the Sanitary Sewer Element address the need for the City to coordinate. with Indian River County to ensure the County provides adequate wastewater disposal capacity for City residents and commercial establishments in a way that does not damage natural systems. Indian River County maintains aFive-Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. Along with user fees, the County charges a sanitary sewer impact fee on new development throughout the county that is used to fluid certain sanitary waste IX-17 CITY OE SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. c. Water The City's central potable water system is provided by the Indian River County Utilities Department through its North County Reverse Osmosis Water Treatment Plant (WTP). The goals, objectives and policies of the Potable Water Element address the need for the City to coordinate with Indian River County to ensure the County provides a high quality, adequate water capacity for City residents and commercial establishments. Indian River County maintains aFive-Year Capital Improvement Program (CIP), which addresses the necessary upgrades and maintenance of its utility system. Along with user fees, the County charges a potable water impact fee on new development throughout the county that is used to fund certain potable water capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. d. Solid Waste Pursuant to Chapter 403, F.S., Indian River County is responsible for providing adequate solid waste disposal capacity throughout the planning horizon. The goals, objectives and policies of the Solid Waste Element address the need for the City to coordinate with Indian River County to ensure the County provides adequate solid waste disposal capacity .for City residents and commercial establishments. The Indian River County Solid Waste Disposal District is aself-supporting operation. Its revenues consist primarily of an annual non-ad valorem assessment on improved property throughout the county and tipping fees charged at the landfill for construction and demolition (C&D) and land clearing debris and tires. The County charges a solid waste impact fee on new development throughout the county that is used to fund certain solid waste capital improvements. The City collects the fee for development within its limits and forwards the funds to the County. e. Drainage The City of Sebastian's 2004 Master Stormwater Management Plan identified potential flooding problem areas within the City and other structural and non- structural drainage improvement needs. In response to the need to comprehensively address and implement long-term solutions to community drainage and other stormwater related problems, the City established the Sebastian Stormwater Utility in 2001, which levies an annual fee on a per unit/property basis throughout the community. IX-18 9~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT f. Recreation and Open Space The City's parks and recreation budget is funded from general fund revenue, the Parks and Recreation Impact Fee applied to new residential development, and grants, such as the Florida Recreation Development Assistance Program and the Florida Inland Navigation District Waterways Assistance Program. 5. Forecasting of Revenues and Expenditures To determine the amount of funds available for capital projects, both expenses and revenues were projected for the planning period. Almost forty (40) percent of the City's total revenue is derived from the City's ad valorem tax base. Projected millage rates and future ad valorem revenues through 2013 are displayed in Table,IX-3s As indicated in Table XII-3, ad valorem tax revenues projected for fiscal years 2008/09 to 2012/13 are expected to be considerably lower than revenue collected in fiscal year 2007/08. The reason for the lower projections for ad valorem tax revenue is the passage of Florida's Amendment 1, approved January 29, 2008. The City calculated its projected revenues for the 2008/09 year and years beyond, based on the amendment's doubling of the homestead exemption, from the current $25,000 to a maximum $50,000 for homes valued at $75,000 or more. Ad valorem revenue is generally used for general fund purposes, while special revenue funds are primarily used for capital improvement projects. Additional projected revenues for funds other than general revenue that can be used for capital projects are provided in 'Fable' IX ~`: Other financial considerations for capital improvements are described below: a. Debt Capacity The City currently has no bonded general obligation debt. The City does utilize debt service financing to pay for capital projects including roadway improvements, general infrastructure improvements, stormwater improvements and improvements to the Municipal Golf Course. The City utilizes General Fund revenues, Stormwater Utility revenues, Parks and Recreation Impact Fee revenues and other special fund revenues to fund their respective_ debt service paymeats. Schedules of existing debt commitments are displayed m x?a~le.,IX~S_ _; The maximum amount of total City debt will not exceed 5% of the City's property tax base assessed valuation, as reported annually by the Indian River County Properly Appraiserb. Table IX-6 displays the City's debt capacity based on the maximum 5% ratio to the City's tax base valuation. b. Operating Expenses A schedule of the City's projected operating expenses extracted from funds that provide revenue for each of the City's capital facilities is provided in Table IXty ~9G e Rule 9J-5.016, Florida Administrative Code (FAC) IX-19 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 6. Financial Feasibility Section 163.3180(15)(c), Florida Statutes, states: "A determination of financial feasibility shall be based upon currently available funding or funding sources that could reasonably be expected to become available over the planning period." The Five-Year Capital Improvement Schedule (Table >X-2) provides the foundation of an annual planning process that allows the City to meet its capital improvement needs and maintain its adopted level of service standards based on projected growth and available existing capacity. The revenue sources described herein are projected to be adequate to fund the projects identified in the Five-Year Capital Improvements Schedule. These revenue sources include City, County, State and Federal taxes, grants, fees and assessments. 7. Concurrency Management The intent of the Concurrency Management System (CMS) established in Chapter 3, Article IX of the Land Development Code is to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development. This Article sets forth criteria for assessment of development impact and guidelines to ensure that the adopted level of service standards established by the City's Growth Management Policies required for roads, sanitary sewer, potable water, drainage, solid waste, and parks and recreation are maintained. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established minimum acceptable levels of service for sanitary sewer, solid waste, potable water, parks and recreation, and transportation facilities, unless the development permit or order is exempt -from the review requirements of this section. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development as determined by the Concurrency evaluation set forth in this section. IX-20 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table IX -1: Inventory of Public Schools ~~ Map # :Estimated - Portable. Studenh -(see Map 1 Student Capacity School Enrollment Capacity ' . Classrooms XII-1) Ca aci 1 Pelican Island Elementary School 465 583 25 80% 2 Sebastian Elementary School 551 637 ~ N/A _ 86% 3 Sebastian River Middle School 1,379 1,083 N/A 127% 4 Sebastian River ~ High School 2,028 1,933 N/A 105% ~......,...~. ..,u,au ,., va.i vvuu~y JW1VV1 L1JL1ll: L, LVVO Note: Charter schools not included in the School Utilization inventory. 'School Year 2007/2008 School Enrollment and Capacity CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table IX - 2: City of Sebastian Capital Improvements Schedule FY 2008/09-2012/13 1/4 Round Swale I Discretionary I I I I Rvhahilitatinr Calr c Tav 750>~~~ 250,000 250,000 250,000 Citywide Local Option 660,000 120,000 120,000 120,000 150,000 150,000 DST Powerline Road $1,086,000 North Developer 1,250,000 1,250,000 Schumann & Barber Discretionary 1,500,000 1 500 000 Sales Tax , , Pedestrian Discretionary 400,000 200,000 200,000 Sidewalk/Bike Local Option Paths (,ac Tav 525 000 ~ 100 000 ~ 125 000 ~ 150 000 , 150 000 , COIlStR1Ct Perimeter and FDOT - 80% ° 1,600,000 1,600,000 Construct Taxi FDOT - 80° % 0 g00,000 800,000 Construct Corporate FDOT - 80% 600,000 600;000 0 Construct FAA - 96.8% Taxiway "C„ FDOT -1.6° % 2,325,000 2,325,000 0 A irr~nrt - 1 Fi r Barber Street Sports Complex Discretionary Baseball Field Sales Tax 230,000 230,000 New Park - Recreation 50,000 50,000 New Park - Recreation 50,000 50,000 New Park - Recreation 50,000 50,000 Carnival & Recreation Impact Fee 50 000 50,000 New Park - Recreation 50,000 50,000 a.,_ q4 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Municipal Golf Golf Course 1,000,000 Course Bonds 1,000,000 Table IX - 3: City of Sebastian Capital Improvements Schedule FY 2008/09-2012/13 (Continued) ~ ~ ~ ~ West Regional W WTP Expansion, North Utility Water Plant Capacity 123,236,310 24,070,305 6,966,000 11,170,000 5,400,000 75 630 005 Expansion, Charges , , Spoonbill Marsh Site ~ , Closure of Segment II Solid Waste Landfill, Disposal 68,564,483 5,650,000 2,300,000 5,143,000 12,109,000 43,362 483 Construct New District , Landfill Cell " 1 ~ ~ Repairs to Fire/EMS Insurance, Stations, Local Option Construction of Sales Tax, ESD 20,012,654 1,144,705 1,500,000 0 2,200,000 15,167,949 Two New Fund Balance Stations Police Vehicle Discretionary Re lacement Sales Tax 2,310 000 385 000 ' 385 000 385 000 385 000 385 000 , Source: City of Sebastian .annual Budget FY 2007/08; Indian River County annual Budget FY 2007/08. / IX-23 / `,~ D CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table IX - 4: Projection of Ad Valorem Tag Revenues ® 2008 ~ ~ . ~ ~ ~ , ~ ~ - $1,601,474,712 2.9917 $4,791,129 2009 $1,408,567,847 2.9917 $4,033,312 2010 $1,422,653,525 2.8917 ____ $4,043,345 2011 $1,463,880,061 2.9917 $4,083,778 2012 $1,451,248,861 2.9917 $4,124,616 2013 $1,465,761,350 2.9917 $4,165,862 Source: Crty of Sebastian, March 2008. Note: Reduction from 2008 to 2009 in projected taxable revenue is based on the effects of Florida's Amendment 1, approved by voters in January 2008. ~l~ Includes Centrally Assessed and Real Property and Tangible Personal Property. Does not include special assessments. IX-24 •'. ... .I l t- z LJ.] I..LI E'-~ z w 0 a Q E--- 0. U z z -~ a °' _ -~ N C/1 w~ (/1 CL LL1 O F.. O VU l~~ ~ ~ N ~ ~ N ~ M *'~ ~, 00 N N ~ c} N ~ M ~ p ~ ~--~ ~ ~ N ~ ~ ~j 0 N 0 vi 0 ~ o cy r ~ "" N d- N ~ M O ~ ~ '~ N ,.y M ~ ~ ~ O N ~ ~ ~ N ~ ~ M M ~, ~ O ~ N ONO CT t7 ~ o ~ ~ 0 ~ N 0 0 N 0 0 vi 0 0 ~ °0 o 0 N 0 o M ~ ~-~ '~ N M ~ ,--~ N ~ ~ ~ 'et 00 N ~--i ~ N 0o ,_, ,--. ~ ~ M N ~ M M ~ ~ 01 ~ .-~ O ~' N ~ ~ ~i 0 N 0 ~ 0 ~ 0 0 0 ~ .-. 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O C~ ._~ rn .~ C/~ w 00 ~ o A N •y„i ,.a O ~ ~ O_ c ~' ~ U .~ ~ ,n •L ~ ~ U ~ ~ ,~ tei v~ H ~ O O O M 6g rn .~ M ~ M ~ oo 00 o0 ~D 01 .--~ N ~ N l~ M ~, - _ ; I I ; i ( f ~ ~ f " i ' j M j O O ~ N 111111 M O O N rn N •N ~~ i ~ N N C/~ O ON N ('~ O ~ G~ ~ O G.~ ~ ~ (V) O N /~ ~ -~y w ~ ~ I ~ ~ G ° ~ ~ ~ ~ .o I Ix j k ~ I~ ''(I k ~ pa ~ I(f ~ ~ ~ ~ ~I U ~ ~ N ~ ~~ N F ~~ I ~ ~ ~ ~ ~ "O Q ~ ~ ~ r--a I ~ ~~ ~ i ~ . ~ ~ !~ ~ ~ }, ~ N N ~ •~ ~ . 3 I~ ~~ ~ ~ v .Q A ~ ~i r~i ~ ~i r~r ~ O ~ 4~ O ~ ~ O H v v ~. R 0 N H CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table IX - 8: Projection of Debt Capacity 2008 ~ '~ $1,601,474,712 1 ~ ~ $80,073,736 2009 $1,408,567,847 $70,428,392 2010 $1,422,653,525 $71,132,676 2011 $1,463,880,061 $73,194,003 2012 $1,451,248,861 $72,562,443 2013 $1,465,761,350 $73,2288,068 Source: City of Sebastian an d Land Desiun Tnnnvat;nnc T.,~ arr;i ~nnQ Note: (1) Maximum debt will not exceed 5% of the City's property tax base valuation. Table IX - 9: Projections of Operating Expenses Stormwater 940,373 959,180 987,955 1,017,594 1,058,297 1,100,629 (Utility Fund) Engineering 494,232 509,058 524,329 540,059 556,261 572,949 Parks/Golf 2,830,059 2,914,960 3,002,409 3,092,481 3,185,256 3,280,813 Police 4,405,301 4,625,566 4,856,844 5,099,686 5,354,670 5,622,404 Airport 542,865 548,293 553,776 559,314 564,907 570,556 Totals $9,212,830 $9,557,057 $9,925,313 $10,309,134 $10,719,391 $11,147,351 IX-30 . .. ~~~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Map IX- 1 Schools Serving the City of Sebastian IX-31 (~ ~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT D. GOALS OBJECTIVES AND POLICIES GOAL 1: Provide attainable fiscal means to ensure the timely and necessary installation and maintenance of public facilities needed to meet the public facility needs of residents and business establishments within the city limits of Sebastian. Objective 1.1: Capital Improvement Schedule. To ensure that the necessary facilities and infrastructure will be in place to meet levels of service established within the Comprehensive Plan, the City shall formally adopt the Capital Improvement Schedule, identified in the Data and Analysis as Table XII-2. Policy 1.1.1 Capital Projects. Capital projects shall be defined as those projects identified within the other elements of the Comprehensive Plan that are necessary to meet established levels of service, increase the capacity or efficiency of existing infrastructure, replace failing infrastructure or enhance facilities and infrastructure that generally have a cost exceeding $50,000. Policy 1.1.2 Components of Capital Improvement Schedule. Capital projects for the following facilities and infrastructure shall be included and sources of funding identified as part of the City's Capital Improvement Schedule: • Transportation • Stormwater Management (Drainage) • Sanitary Sewer -Operated and maintained by Indian River County • Solid Waste -Operated and maintained by Indian River County • Potable Water -Operated and maintained by Indian River county • Parks and Recreation Policy 1.1.3 Five Year Capital Improvement Program. All capital improvements not qualifying for inclusion in the Five-Year Schedule of funded capital improvements, shall be included in the City's five year capital improvements program and annual capital budget. Policy 1.1.4 Priorities in Allocating Capital Improvements. Capital projects shall be prioritized according to the following criteria in the following order: 1. Whether the project increases the efficiency of existing facilities or infrastructure. 2. Whether the project represents a logical extension of facilities within the utility service area. 3. Whether the project is financially feasible. 1X-32 ~~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 4. Whether the project is coordinated with major projects of other agencies. 5. Whether the project is necessary to meet established levels of service. 6. Whether the project implements the policies of the Comprehensive Plan as they pertain to concurrency requirements. 7. Whether the project eliminates a public hazard. Policy 1.1.5 The City shall adopt a capital budget every year as part of the annual budgeting process and shall amend the 5 Year Capital Improvement Schedule and Budget accordingly. Objective 1.2: Level of Service (LOS). The City shall utilize level of service criteria, as defined below, for the various Elements of this Plan when determining the riming and funding of capital facilities. Policy 1.2.1 The City shall use the following m;nimwn level of service (LOS) Standards in reviewing the impacts of new development and development upon public facilities • The level of service standard for arterials and collectors roads shall be "D" • The level of service standard for Sewer is 250 gallons per day per equivalent residential unit. • The level of service standard for Solid Waste is 6.96 pounds per day per capita. • The -level of service standard for Potable Water is 250 gallons day per equivalent residential unit. • The level of service for total Park acreage is 2 acres per 1,000 population for neighborhood parks and 2 acres per 1,000 population for community parks. • The level of service (LOS) standards for the drainage system facilities developed within the City of Sebastian are as follows: o Water Quantity Standards: Off-Site Standard: Post development runoff shall not exceed the pre-development runoff rate fora 25-year, 24- hour design storm. On-Site Standard: Post-development runoff shall not exceed the pre-development runoff rate fora 10-year, 24- hour design storm. o Water Quality Standards: IX-33 /(C~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Water quality standards of Chapter 17-25, F.A.C., shall be applied as the quantitative standard. Chapter 17-25, F.A.C., requires Outstanding Florida Waters (i.e., Indian River Lagoon) to reduce pollution loads by an additional fifty (50%) percent prior to discharge. • The level of service for public schools is 100% of the Florida Inventory of School Houses (FISH) capacity for each year of the five year planning period and throughout the long term planning period for each School Service Area. Policy 1.2.2 Compatibility. In consultation with City departments, the City Manager shall evaluate land use amendments to determine the compatibility of those amendments with the adopted level of service standards and to ensure adequate funding is available when improvements are necessary pursuant to such land use amendments. Policy 1.2.3 Thresholds. Capital projects shall use the following thresholds to target initiation and budgeting of construction and/or purchase of capital facilities to meet projected future needs based on adopted level of service (LOS) standards: • Roadways -Volumes are at 90% of adopted LOS capacity. • Sewer - 75 % of available capacity is being utilized. • Water - 75 % of available capacity is being utilized. • Recreation and Open Space -Park lands when 95 % of available land- area is utilized or when 90% of the population exists in areas in need of new park acreage. Policy 1.2.4 Funding Sources. The City shall pursue adequate funding sources for the construction of capital projects identified in the Capital Improvement Schedule. Policy 1.2.5 Adequate Transportation Funding. The following procedures shall be utilized to ensure adequate funding for transportation capital projects: • The City shall continue to participate in Indian River County MPO committees regarding transportation funding to ensure funding distribution for transportation projects identified in Table VIII - 2 of the Data and Analysis. • The use of State revenue sharing motor fuels tax funds shall be reserved solely for traffic related maintenance and capital improvement projects. ~c,. i ~ i CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT • After payment of existing bond obligations, the use of the net proceeds of the Indian River County Local Option Gasoline Tax, shall be reserved solely for traffic related maintenance and capital improvement projects. • The use of the total proceeds from the Indian River County Local Option Sales Tax shall be reserved solely for traffic related capital projects. • Funds collected from the Transportation Impact Fee shall be reserved for transportation capital projects. Policy 1.2.6 Adequate Stormwater Funding. The following procedures shall be utilized to pursue adequate funding for Stormwater management (drainage) capital projects: • Up to 20% of the total proceeds from the Stormwater Utility Fund shall be reserved for maintenance of the existing stormwater system. • The remainder of the total proceeds from the Stormwater Utility Fund shall be used to finance best practice oriented projects identified in the Sebastian Master Stormwater Management Plan adopted in 2004. Policy 1.2.7 Adequate Sanitary Sewer Funding. The City shall continue to collect wastewater impact fees for development within the City limits and forward these fees to Indian River County, the jurisdiction responsible for providing sanitary sewer services to the City of Sebastian. Policy 1.2.8 Adequate Potable-Water Funding. The City shall continue to collect potable water impact fees for development within the City limits and forward these fees to Indian River County, the jurisdiction responsible for providing potable water services to the City of Sebastian. Policy 1.2.9 Adequate Parks and Recreation Funding. The following procedures shall be utilized to pursue adequate funding for parks and recreation capital projects: • Grants shall be pursued and used for the completion of parks and recreation capital projects. • Funds collected through the implementation of the Parks and Recreation Impact Fee. Policy 1.2.10 The City of Sebastian adopts by reference the Indian River County . School District's capital improvement budget, which was adopted on September 6, 2007 for fiscal years 2007/08 through 2011/2012 ,and as maybe amended from time to time. IX-35 ~Iz CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Objecrive 1.3: Capital Improvement Evaluation. All City capital projects shall be evaluated to determine if they meet the prioritization criteria and consistency with adopted level of service standards and/or public need. Policy 1.3.1 Evaluation. The Growth Management Department shall monitor and evaluate the implementation of the Capital Improvements Element annually during the City's budgetary update process. Policy 1.3.2 Department Priorities. As part of the annual budget process, all City departments shall identify and prioritize capital facilities in need of refurbishment or replacement and submit those facilities for funding in the Capital Improvement Program. • Requests for capital projects shall be evaluated for their consistency with adopted level of service standards. • The Planning and Zoning Commission, acting as the Local Planning Agency, shall review the major capital projects requests and forward a recommendation to the City Council by July 1st of each year. Policy 1.3.3 Inventory Hazards. The City shall continue to maintain an inventory of any exist~g hazards within the City by using the hazards analysis and hazazds mitigation criteria established within the Indian River County Comprehensive Emergency Management Plan and shall also identify any grant sources available to mitigate the hazards listed on the hazard inventory. Policy 1.3.4 Revenue Sources. Requests for-capital-projects shall be evaluated for their impact on the City budget and the financial feasibility of the project based on the following criteria: • The Finance Department shall determine if the capital project can be funded from existing cash, future revenues, or through borrowing. In addition, the Finance Department shall assign a revenue source(s) to fund the project. • The Finance Department shall prepare a report evaluating the funding options, effect of the improvement on future revenues, and the effect of the improvement on operation and maintenance costs. Policy 1.3.5 Coordination. All capital projects shall be reviewed as to their compatibility and timing in relation to capital projects being implemented or planned by Indian River County, the Florida Department of Transportation, the St. Johns River Water Management District, the Indian River County .School Boazd, the .Florida Department of Environmental Protection, and/or any other applicable government agency. a,s ~ 13 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL [MPROVEMENTS ELEMENT Policy 1.3.6 Coordination. The City should use reasonable methods to track capital projects of any agency, which may be in conflict or may enhance the City's capital projects. Objective 1.4: Debt Management. The City shall adopt policies and procedures which address the management and utilization of debt for the purposes of capital project financing. The City may use line of credit borrowing or bond anticipation notes for specific construction projects and issue revenue pledged debt at construction completion only if current funds do not provide adequate funding to pay for construction. Policy 1.4.1 Bond Use Criteria. The use of revenue bonds as a debt instrument shall be evaluated based on the following criteria: • A five (5) year projection of revenues from all funds shall be prepared and updated annually as a part of the City's budget process. This projection shall include an analysis of historic and future trends of the revenue stream. • Revenue bonds shall be allowed to fund up to one hundred percent (100%) of the City's total debt, up to the maximum amount allowed by the criteria identified in Data and Analysis section of this Element. • Debt will not be issued to finance normal repairs and maintenance. • Debt can be issued to make renovations, updates, modernizations and rehabilitations provided the expenditures extend the useful life of the capital asset. • The maximum ratio of total debt service (principal and interest) to total revenue shall be that percent deemed most beneficial to the City as determined by the City's Financial Advisors and its Bond Counsel based upon criteria set by the rating agencies and credit enhancement organizations. • The impact of principal and interest revenue bond payments on the operation and maintenance of the affected utilityand/or department will not require deferring current maintenance of existing infrastructure. • The impact of bond covenants and restrictions on the City's method of accounting for depreciation, and the impact of any reserve account restrictions on the operation and maintenance of the affected utility and/or department. • Cash restricted due to bond and grant covenants will be budgeted in accordance with the terms of the covenants. • On an annual basis, the City will restrict the amount of cash equivalent to twenty-five percent (25%) of depreciation as reported on the prior year's annual financial statement in enterprise IX-37 I l ~i CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT operations to ensure adequate repair and/or replacement of capital facilities. • Capitalized repairs of existing infrastructure will be paid from funds restricted by debt covenants and current revenues. Debt will not be issued to fmance capitalized repairs: Policy 1.4.2 Debt Repayment Criteria. The use of tax revenues as a pledge for the repayment of debt shall be evaluated based on the following criteria: • A five (5) year projection of revenues from all taxes shall be prepared and up"dated annually as a part of the City's budget process, and an analysis of historic and future trends in the tax revenue stream will be a part of the projection process. • At the time of issuance of new debt, a review shall be conducted to ensure that the maximum amount of general government debt shall not exceed five percent (5%) of the City's property tax base assessed valuation reported yearly by the Indian River County Property Appraiser's office. Policy 1.4.3 Long Term Lease. The City may use long term capital lease payments on lease purchases for capital projects identified within this Element, provided adequate debt service requirements are provided. Objective 1.5: New Development. The City shall ensure that new developments share a proportionate share of the costs required to maintain adopted level of service standards, through the assessment of impact fees or developer contributions, dedications, or construction of capital facilities necessary to serve new development as required in other Elements of this -Alan. Policy 1.5.1 Evaluation of New Development Impacts. All development order applications shall be evaluated as to the impact of the development on capital facilities and the operation and maintenance of those facilities. The evaluation shall include, but not be li-mited to, the following: • Expected capital costs, including the installation of new facilities required that are related to the development. • Expected operation and maintenance costs associated with the new facilities required by the development. • Anticipated revenues the development will contribute, including impact fees, and user fees. Policy 1.5.2 Developer's Agreements. When applicable, the City shall utilize developer's agreements to ensure the timely and appropriate installation of needed capital facilities to service new development.- Such agreements will be executed under the City's constitutional home IX-38 t t J CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT rule power and following the procedures set forth in Chapter 163.3220, Florida Statutes. Policy 1.5.3 Phased Development. To ensure adequate capacity allocations for all developments, the City may require any development to use developer's agreements and/or develop in more than one phase. Policy 1.5.4 Proportionate Impact Fees. The City shall continue to collect County impact fees for transportation, solid waste, water, wastewater, and police and fire and collect the City impact fees to ensure new developments contribute their proportionate share of capital project funding necessary to service new development. Policy 1.5.5 Public Facilities. New developments shall be responsible for installing all public facilities necessitated by the new development, including but not limited to, internal water and sewer systems, traffic circulation systems, and internal recreation/open space facilities within their development. In addition, connections of internal systems to the City's designated major water and sewer trunk systems and traffic circulation network shall be the financial responsibility of the developer. Objective 1.6: Concurrency Management. The City shall continue to operate a financially feasible Concurrency Management System for the review of all proposed developments within the City of Sebastian for their impact upon Sebastian's municipal services. Policy 1.6.1 Concurrency Evaluation System. The concurrency evaluation system shall measure the potential impact of any proposal for a development permit or order upon the established m;n;mum acceptable levels of service for sanitary sewer, solid waste, drainage, potable water, parks, recreation, schools and transportation facilities, unless the development permit or order is exempt from the review requirements of this section. Policy 1.6.2 Adequate Facilities. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are available to serve the proposed development as determined by the concurrency evaluation set forth in this section. Policy 1.6.3 Land Acquisition. The City shall include any declared land dedication, including lands dedicated for parks, recreation and open space, within the Five-Year Capital Improvement Schedule. Policy 1.6.4. Facilities Inventory and Reporting. The Growth Management Department, in coordination with Indian River County for services and facilities provided by the County, shall maintain an inventory of the IX-39 ~i~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT available capacity within the roads, potable water, sanitary sewer, solid waste, parks and recreation facilities and other public facilities. Policy 1.6.5 Reporting. Each year, the Growth Management Department shall prepare a report for the City Council containing the current capacity for public services and public facilities, including any encumbrances or deficiencies. Policy 1.6.6 Reporting. The annual report shall also identify any public facilities that will require improvements to maintain adopted levels of service and recommend a schedule of improvements to avoid any reduction in the approval of development orders. iiB arc a ~~~~~~ ~ ~: . HOME OF PELtCAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: ~~ , (.;- ~ ~ ~. ~~ 1.~ Reso utio o. R-09-01 -Supporting Indi Ri gogn State Funding In' ve Department Origin: City Clerk Date Submitted: 1/7/09 Ci y a er For Agenda of: 1 /14/09 Exhibits: SUMMARY STATEMENT Council Member Simchick requested the City Manager to prepare a resolution to express Council's support for the Indian River Lagoon State Funding Initiative and have it forwarded to local legislators and the Governor upon adoption by the Council. RECOMMENDED ACTION At Council's discretion, approve Resolution No. R-09-01. ~q 1 (L~ RESOLUTION NO. R-09-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, EXPRESSING STRONG SUPPORT FOR THE INDIAN RIVER LAGOON STATE FUNDING INITIATIVE. WHEREAS, the Indian River Lagoon, which stretches for 156 miles, is the most biologically diverse estuary in North America, supporting more than 4,300 species of plants and animals; and WHEREAS, agricultural runoff and freshwater discharge threaten the Indian River Lagoon which is designated as a priority water body under the 1987 SWIM Act and an Estuary of National Significance by the Federal Water Quality Act of 1987; and WHEREAS, the Indian River Lagoon Initiative is an on-going project to restore, protect and enhance the lagoon and its tributaries for future generations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. The City Council hereby expresses its strong support for continuance of the Indian River Lagoon State Funding Initiative to protect our very important natural resource, the Indian River Lagoon. Section 2. The City Manager is hereby directed to forward this resolution to local legislators, Governor Christ and St. Johns River Water Management District. Section 3. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of January, 2009. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Mayor Richard H. Gillmor Approved As To Form and Legality for Reliance by the City Of Sebastian Only: Sally A. Maio, MMC City Clerk Robert A. Ginsburg, Interim City Attorney ~Z~ ~ LZ arc a SGT TIA,~ ~. HOME OF PEL(UN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Consider FLC Resolution and l ff A di Agenda No: t`.w=`~~. 4~ ~{ Cit Cl rk ~' i i D t t O ng y ccor Direct Sta men r g n: y e epar A ro d or Submittal by: Date Submitted: 12/22/08 For Agenda of: 1 /14/2009 r, City Manager City Attorney: Exhibits: FLC Letter, Draft Resolution SUMMARY STATEMENT Florida League of Cities President and Vice Mayor of Wellington, Carmine Priore has requested consideration and adoption of a resolution supporting the "Building Citizenship in the Community:Back to Basics" initiative. RECOMMENDED ACTION Consider the FLC resolution and direct staff accordingly. If Council wishes to move forward, staff will bring back a resolution to the January 28, 2009 agenda for approval. ~Z3 i Za ~ ~pGU E OF r'~i O ~~ m ,. W iiiii~ 301 South Bronough Street, Suite 300 • Post Office Box 1757 • Tallahassee, FL 32302-1757 (850) 222-9684 • Fax (850) 222-3806 • We~ site: www.flcities.com December 16, 2008 Dear Municipal Official: I am humbled to serve as your President this year. The Florida League of C pies is very near and dear to my heart. The League's motto is "Local Self-Government: Keystone of American Democracy", and I believe city government is the closest government to the people of Florida, and I believe in Home Rule. I want to stand side-by-side with you to protect the Home Rule power of Florida's cities. We are facing extremely tough economic times and I believe that the education of our citizens, and future citizens (students), is of the utmost importance -now more than ever before. Educating our citizens on the fundamentals of city services and what it takes to effectively run a city is going to be essential as we continue to be forced to "tighten our municipal belts", do more with less, and still maintain the level of service demanded by our citizenry. Through my presidential priority, "Building Citizenship in the Community: Back to Basics", the League has designed and launched a campaign to increase civic awareness and participation. We will provide education for our constituents to increase their awareness of municipal issues, and help them become smarter municipal service consumers. I encourage each municipality to stand with me in support of this initiative. I have attached a resolution for your council's or commission's consideration. There are 411 active municipalities in the Sunshine State - it would be wonderful to have 100% participation! I appreciate your consideration of this request. Further, I would appreciate hearing about what you are doing in your municipality. I'd like to hear about your successes in citizen education and about things that didn't work as well. How can we strengthen the relationship between elected officials and the average citizen in Florida's cities, towns and villages? I hope you will share your stories with us, by contacting Casey Cook at ccook@flcities.com or 850-701-3609. I appreciate your continued dedication to the Florida League of Cities difference...we already have...we will continue to do so! Sincerely, Carmine Priore President, Florida League of Cities Vice Mayor, Wellington Together, we can make a President Carmine Priore, Vice Mayor, Wellington First Vice President John Marks, Mayor, Tallahassee ~ Second Vice PresidentJoy Cooper, Mayor, Hallandale Beach Executive Director Michael Sittig ~ General Counsel Harry Morrison, Jr. ~ L5 (Z~ Sample Resolution A RE~OLUTIOI~? OF THE CITY/TOWN/VILLAGE OF RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND -PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. WHEREAS, municipal government is the government closest to most citizens, with tremendous daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to, and understanding of, its many responsibilities, and city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida's citizenry receives public services from state, county, school district, and other government levels, educating Florida's citizens of all ages as to the structure and function of all the levels of government, and how to be wise consumers of such services is therefore critically important; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and all citizens about municipal government through a variety of different projects, resources and information; WHEREAS, this initiative will make resources available to cities and their citizens to utilize in furthering their goals for civic education; NOW, THEREFORE BE IT RESOLVED BY THE CITY OF AS FOLLOWS: Section 1. That the City/Town/Village of does hereby encourage all citizens, city govertunent officials and employees to utilize the opport~2rtites and resources available through this initiative. Section 2. That the City/Town/Village of does encourage educational partnerships between city government and schools, as well as civic groups and other organizations. Section 3. That the City/Town/Village of does support and encourage all city governments to actively promote the "Building Citizenship in the Community: Back to Basics" initiative. AND ADOPTED by the City/Town/Village of Please forward a copy of your adopted item to Casey Cook at ccook(iufT.cities.com or by mail to FLC, P. O. Box 1757, Tallahassee, FL 32302. i z, jZ~ 47IY QF $I ~/ FiOIKE OF PELICAN ISII4ND AGENDA TRANSMITTAL Subject: Agenda No. 4 ~ _ t = tom" Geor a Street Ditch -Rehabilitation Department Orig' ~ it Man er • City Attorney: A v r Submittal by: City Clerk: Date Submitted: 8 JAN 2009 e ,City Mana er Exhibits: Pictures EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $90,000 $0 $90,000 Stormwater Reserve Fund SUMMARY In the 900 block of George Street there exists a City easement that passes between two houses. In this easement is a very deep open ditch. See attached pictures. This portion of the George Street ditch immediately drains a great portion of the middle Highlands into the Elkham waterway. For some time this ditch has begun to erode causing potential problems for the house located adjacent and has created maintenance problems. The best permanent fix for the ditch is to install underground piping and cover the ditch, as we have done in many other cases. However, funding, manpower, ditch size and other factors have continually delayed this project. With continued complaints from the adjoining residents and maintenance conditions getting worse, I authorized the Engineering Department to begin the SJRWMD permit process on this ditch rehabilitation. SJRWMD approval is needed on this particular ditch due to size of the under ground culvert required to properly serve the area. As a result, Engineering has submitted said application and made design plans to install (1) a new twin 54" road crossing under George Street; (2) required catch basins; and, (3) twin 60" culverts along the ditch line. The estimated cost of the project is approximately $90,000. While our crews have performed such tasks in the past (i.e. Stonecrop), scheduling and staffing does not permit our crews to perform the task. As a result, am requesting that a project fund be established to complete this needed rehabilitation. Should Council approve the George Street Ditch Rehabilitation, aformal competitive bid process will commence and the project will be executed upon SJRWMD approval. The construction contract would require Council approval. The Finance Department has reviewed this project and with at least a good financial picture of Collier Creek's costs, we are of the opinion that shifting some money from the Stormwater Reserve Fund for this project is a good expenditure. The current balance is $650,000. RECOMMENDATION Move to approve the establishment of the George Street Ditch Rehabilitation Project fund by transferring $90,000 for the Stormwater Reserve Fund. ~ 29 ~~o ,E -°, r~~~~f X32 .,°- ~' ~.,;` ',: v ~:. , {~ ,- ®,,. '~ - ;~~ g ~~; ~, ~~ y fi i' t ~s s s ~ a sa , ~:, ~' x " { - x ~I ~s -,°~~-.. ,, ~?3 134 Subject: Florida Department of Agenda No. ~ `~~'~• ~- ~~ ' Transportation (FDOT) Joint Participation Agreement (JPA) for Hangar Construction Department: Airport: Finance Director: A rove or Submittal by: City Attorney: A Min ity Manager City Clerk: Date Submitted: 01/07/2009 For Agenda of: 01/14/2009 Exhibits: 1. Resolution R-09-02; 2. FDOT JPA/Grant Agreement 416287-1-94-01 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ -0- $ 1,450,000 REQUIRED: $ -0- SUMMARY Airport staff has secured a $1,450,000 (project amount) Grant Agreement/JPA from the Florida Department of Transportation (FDOT) to construct additional Hangars at Sebastian Municipal Airport. The state's funding share for this project is $1,160,000. The airport `match' is $290,000. Although there are some vacancies at the SheltAir T-Hangar complex at the airport, it is considered a good time to build additional capacity while construction costs are down and future capacity estimates are up, once the business cycle rebounds. Therefore, it is prudent for the airport to be in a position to meet anticipated demand. Staff is recommending entering into apublic/private partnership (analogous to the SheltAir T-Hangar development) where a private corporation/entity would provide the referenced airport `match' funds. Therefore there will be no cost to the City of Sebastian, or the airport, while providing the opportunity to generate airport revenues. Upon approval of this JPA by council, staff will conduct a competitive ~~ process for the "franchising" agreement. Any proposed agreement will be presented to council for formal approval. Full disclosure dictates that council realize that the aforementioned JPA was previously `combined' with a 2009/10 JPA for a, proposed, large hanger project. Recent FDOT cuts in funding have resulted in the 09/10 FDOT commitment, for that specific project, being rescinded. Therefore, the subject JPA remains available for potential Sebastian Airport revenue generation. RECOMMENDATION Move to approve Resolution R-09-02 authorizing the execution of FDOT Joint Participation Agreement, 416287-1-94-01, between the City of Sebastian and the Florida Department of Transportation titled: Construct Hangars in the amount of $1,160.000. (3~ RESOLUTION NO. R-Q9-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for the Construction of Hangars at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 416287-1-94-01 on behalf of the City, and is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea B. Coy Council Member Dale I. Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of January, 2009. ~ 3~ CITY OF SEBASTIAN, FLORIDA -ATTEST: Sally A. Maio, MMC City Clerk ~3 8 By: Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsberg, Interim City Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725.030-06 PUBLIC TRANSPORTATION osro7 Page 1 of 14 Financial Project No.: 416287-1-94-01 Item-segment-p ase-sequence Contract No.: CFDA Number: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: 596000427008 CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement wilt be completed on or before January 31, 2011 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FDOT participation in a project to Construct Hangars at Sebastian Municipal Airport and as further described in Exhibit(s) A,B,C,&D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 3~ Fund: DS Function: 637 Federal No.: DUNS No.: 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 1450000 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 1160000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is QQ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage Q is ~ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. ~~~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 3 of 14 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account. will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. ~~i 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single orproject-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. i~~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 (y3 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 6 of ~ 4 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Fort lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. ~44 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 7 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercia- Blvd. Fort Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 195 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 6 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. l~~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. i~~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. l ~f ~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. i ~~ 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before January 31, 2011 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development .Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients-shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. JSD 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. ~5I 725-030-06 PUBLIC TRANSPORTATION 06/07 Page 14 of 14 Financial Project No. 416287-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian AGENCY NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW SIGNATORY (PRINTED OR TYPED) DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE Director of Transportation Development TITLE ~5z Fin. Proj. No.: 416287-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Construct Hangars SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A (53 Fin. Proj. No.: 416287-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian I. TOTAL PROJECT COST: $1,450, 000 I I . PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Partiapation: I n-Knd 0.00% $0 Cash Other 20.00% $290, 000 Mabmum Departmenk Partiapation: Primary(DS) (DDR) (DIM) (PORT) 80.00% $1,180,000 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $1,490,000 /5~f Financial Project No. 416287-1-94-01 Contract No. Agreement Date EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal 8~ Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 (8/2/2007) ~~ relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain acost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C ~` /~ Page 2 lU (8/2/2007) shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation 8~ Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request cone-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. Joint Participation Agreement (JPA) Exhibit C Page 3 (8/2!2007} j5-7 C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing acost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. Joint Participation Agreement (JPA) Exhibit C 5, ~ Page 4 (8/2/2007) d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. Joint Participation Agreement (JPA) Exhibit C Page 5 (8/2/2007) / !~ c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection 8~ Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, Joint Participation Agreement (JPA) Exhibit C I j„ ~ Page 6 (y (8/2/2007) enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 7 (8/2/2007) l Financial Project No. 416287-1-94-01 Contract No. Agreement Date EXHIBIT D State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55004 -Aviation Development Grants $1,160,000 COMPLIANCE REQUIREMENTS Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); -Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; -Airport management studies and training; -Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: -Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); -Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); ~~ - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matchina Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide upt to 80 percent of the non- federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) /,, 2 ~.(~_J Economic Development The Department provides up to 50 percent of airport economic development funds to build on- airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) 1n~ mr a S ~ ~ ~ww. ' PELIGN ISiAND HOME OF City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Review and Set Goals and Agenda No: ~ c~ • ~_' ~ ~,~~'` ~` `i ~ ~~ ~ ~' Objectives for Charter Officers in Department Origin: City Clerk <~,,yy~ Accordance with R-07-31 Date Submitted: 12/22/08 Ap ove Submittal by: For Agenda of: 1/14/2009 City Attorney: A in r, ity Manager Exhibits: R-07-31, Minutes Excerpts from 2008 SUMMARY STATEMENT City Council adopted Resolution No. R-07-31 to establish procedures for setting goals and evaluation of Charter Officers. In accordance with the resolution, Council is to set and review goals and objectives at public meetings in January and July of each year. Evaluations for each officer are done at a Special Meeting in June of each year. RECOMMENDED ACTION Review and set goals for each Charter Officer. ~(o5 ~~~ RESOLUTION NO. R-O7-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to set goals for its Charter officer and conducts its review in the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CHARTER OFFICER GOAL SETTING. City Council shall bi-annually set and review goals and objectives for the City Manager, City Attorney and City Clerk at public City Council meetings in January and in July. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shalt receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 15' of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever farm each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a final evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney and City Clerk. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Neglia , was seconded by Council Member simchick ,and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice Mayor Sal Neglia aye Council Member AI Paternoster aye Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of August 2007. I~~ ~m~ ATTE ~T: ` Sally A. Mai MMC City Clerk (SEAL) Approved as to Form and Content for Re ' by City of Sebastian Only: Rich Stringer, Ci A orney CITY OF SEB TIAN, FL IDA By: Andrea Coy, Mayor. Regular City Council Meeting February 13, 2008 Page Two 08.014 B. Set Bi-Annual Goals and Objectives for City Manager City Attorney a~-d-G+~-Oler~ As Required by Resolution R-07-31 (City Clerk Transmittal) Mayor Coy suggested each member identify three goals for each charter officer. The members started with the City Manager first. City Manager Mr. Neglia requested the City Manager have more hands on with department heads, continue dialogue in a timely manner, see issues though to completion, keep Council apprised of the City's financial stability, put more thought into issues before bringing them to Council, and in the event of his absence, appoint the City Attorney as interim manager. Mr. Paternoster said he is looking for the fulfillment of the Council's previously submitted short term goals list, requested that when soliciting input from Council, he contact all five Council members, and as to an interim there would be a conflict for the City Attorney who has his own set of guidelines to follow. Ms. Simchick requested he appoint the Police Chief to be interim manager if needed, completion of the previously submitted short term list, and provide a comprehensive report of available riverfront land (with structures and without structures). Mr. Wolff requested a report on the impact of tax reform. The City Manager gave a brief report on methods that can be used in light of tax cuts and offered to provide a full report by the end of March detailing what needs to be done to stay within the City's financial parameters. Mr. Wolff also requested improved communications which are topical and perhaps bi- weekly including status reports when applicable. Mayor Coy requested he monitor and project the homestead exemption impact to City of Sebastian, continue quality customer service focus but monitor staff morale since they are asked to do more with less, and ensure the City's compliance with the Habitat Conservation Plan (HCP). The City Manager said he believed there will be further mandates from the State regarding tax reform. Council agreed on the following goals for the City Manager: 1 -Monitor, project and update the Council on property tax reform impact 2 -Update the Habitat Conservation Plan 3 -Streamline the process for business development/permits especially for the Riverfront area 4 -Identify riverFront property The City Manager noted the direction. Mr. Gilliams raised his hand to speak and the Mayor gave him a warning stating this is an executive issue. ~~~ City Attorney Mr. Paternoster cited the letter from the City Attorney (see attached), which stated that it is may be difficult to set goals for this position since it is by nature reactive, however, said he will sit with Mr. Stringer in private to air any concerns or suggestions he has. Ms. Simchick requested the City Attorney work toward streamlining the business development process in the Land Development Code (LDC) Mr. Wolff started by stating it was his belief that the City Attorney should not be a Charter office but should report to the City Manager, and requested improved communication with Council, such as bi-monthly or monthly updates and reporting follow-up on pending directives. He stated he did not think that prohibiting political activity on City property, as mentioned in the City Attorney's letter, is a priority. Mayor Coy requested he assist the City Manager in streamlining the business development process and the Habitat Conservation Plan, and improve communication with Council whether it be in writing or in meetings. Council agreed on the following goals for the City Attorney: 1 -Continue working on Comprehensive Land Update Plan (CLUP) 2 -Update the Habitat Conservation Plan 3 -Streamline the business development process 4 -Improve communication with Council Regular City Council Meeting February 27, 2008 Page Six 08.014 A. Set Bi-Annual Goals and Objectives for City Clerk As Required by Resolution 3s R-07-31 (City Clerk Transmittal) Mr. Neglia said he had no problems, that the Clerk's staff is helpful and courteous, noted her duties are fulfilled. Mr. Paternoster said the Clerk far exceeds what is expected. Ms. Simchick said this is an administrative position, for the past year her office was burdened with records law, public records requests and made no complaints. She urged the Clerk to continue to operate at the high standard that she does. Mr. Wolff said Clerks office is well run, demeanor of staff stems from leadership, stated one goal would be to take more of her vacation time. Mayor Coy said it is hard to set goals because the office is governed by statutes and regulations, but stated two goals: more vacation and continue to set the standard for courtesy and customer service,. noting her office does best job in City. She also urged her to continue to mentor her staff for her eventual retirement. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to take more vacation time 17v Mr. Gilliams requested to speak and Mayor Coy said this was an administrative matter and would not recognize him because she had not allowed public input at the last meeting when they discussed the City Manager and City Attorney. Mr. Paternoster appealed the Chair's decision not to allow a member of the public to speak. The Mayor said her decision was based on a previous meeting where this was deemed an administrative matter, and to be consistent she denied the request. Result of the roll call to recognize the public was as follows: Ayes: Wolff, Paternoster Nays: Coy, Simchick, Neglia Failed 2-3 The voice vote on the original motion was as follows: Ayes: Coy, Neglia, Paternoster, Simchick, Wolff Nays: None. Regular City Council Meeting July 23, 2008 Page Eight 08.014 B. Set New Bi-Annual Goals for Charter Officers As Required by Resolution R-07-31 77-81 (City Clerk Transmittal, R-07-31, January Goals) Mayor Coy asked if anyone received the absent Council members' goals and they did not. Mr. Paternoster suggested postponing this item to the next full Council meeting. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to postpone setting the new bi- annual goals until at least four members are present passed on a voice vote of 3-0. Regular City Council Meeting August 27, 2008 Page Four 7. ITEMS CARRIED FORWARD FROM THE AUGUST 13, 2008 AGENDA 08.014 A. Set New Bi-Annual Goals for Charter Officers As Required by Resolution R-07-31 1-7 (City Clerk Transmittal, R-07-31, January Goals) Council began the discussion with the City Manager's goals. Mr. Neglia requested in addition to the goals listed, that the City Manager find more ways to "go green," and redesign of the CAVCORP property. Mayor Coy requested the implementation of the economic development plan as part of goal number two. She said goal number one is on-going. Mr. Wolff asked the City Manager to explore alternative revenue sources. Ms. Simchick agreed the City should "go green" and asked about the comprehensive plan update. The City Manager said he would get the comp plan update to Council in four to eight weeks. X11 Mr. Paternoster said due to the complaints he receives and people not getting answers, he suggested a liaison for the citizens; a facade, sign and landscape program for all of the businesses within the City; more interfacing between the Building Department and Growth Management Department; the City Manager show more concern for the residents and their needs; and, grants for police officers. Mayor Coy recapped the City Manager's goals: -seek green energy/green City -seek alternative revenue sources -expand facade, sign, and landscape grant program throughout the City -add implementation of economic plan to second goal ~7a Mayor Coy asked for the status of the Habitat Conservation Plan (HCP). The City Attorney said there has been progress made but the City feels the entire airport property was covered in the plan but U.S. Fish and Wildlife Service (USFWS) feels only 80 acres is covered and they cannot identify which 80 acres. The City Manager explained most of his goals have been accomplished and some are unattainable; the property tax monitoring is on-going; the HCP is a neglible issue; in regard to the streamlining of the Growth Management Department and Building Department he said it is known where the City is and suggested having an outside group review more of the Growth Management work; offered to find green energy but cautioned it has been found that solar panels do not take enough off the electric bill to be worthwhile; offered to look at the CAVCORP property; noted that he is responsible for City Hall's response to residents and it can be measured by the phone call complaints that Council receives; noted the City will need outside help to revise the land development code but can start internally; and grants can be sought for police officers and the expansion of the fagade, sign and landscape program to CR512 businesses. The City Attorney cautioned it was premature to revise the land development code as legally it must be done after the comprehensive plan is updated. The City Manager added his personal goals which included: replacing the Collier Creek Canal bulkhead, looking at Indian River Drive properties, continuing with the quarter round installation, and improve the Potomac Drive drainage. Mr. Wolff said the City Attorney gave Council a memo regarding his current projects on Monday. He noted that continued effort with the ISBA (Interlocal Services Boundary Agreement) and Fellsmere matters are warranted however, the City Attorney's intent to revamp the sign regulations might be a major undertaking for him at this time. The City Attorney said the big decisions to be made are what kind of signs do we want to allow and there will be a lot of workshops to accomplish this. Mr. Wolff asked him to continue improving his communication with Council. Mr. Paternoster also asked for communication improvements and statute/case law citations when referenced in backup material. Mr. Neglia agreed with Mr. Wolff and Mr. Paternoster. Mayor Coy said ISBA is a big issue for her and a revision of the land development codes. The City Attorney said there is some land development code spot checking that could be done such as revising non-conforming site language. Mr. Neglia asked when the Fellsmere issue will proceed. The City Attorney said Fellsmere is doing some comp plan changes which the City will have the opportunity to comment on and watch out for our interests. Ms. Simchick said she has been formulating thoughts on past Board of Adjustment hearings and requested the City Attorney research a stamp of liability to say, "Applicant is aware of City of Sebastian codes. Any corrections or remedies before, during, or after construction is sole responsibility and correction of applicant," signed by the applicant so the Board of Adjustment won't have King Solomon type situations. The City Attorney said staff has found unexplained, unsigned notes in building files which should be tightened up with better procedures. Mayor Coy summarized that goals one and two should be continued with the economic development plan; continue Council communication; ISBA; and, a legal disclaimer stamp. The City Clerk was asked to continue to do the good job that she does. 173 1 7~ an a ~~} { 1 1 ~, ~ HOME OF PEC[GhN ISIAND AGENDA TRANSMITTAL Subject: Agenda No. ~ -~, ~ ~ ~~ Fa r Market -Riverview Park Department Origi Cit Mana r City Attorney: Ap e r bmittal by: City Clerk: Date Submitted: 8 JAN 2009 A er Cit Mana er Exhibits: None EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A SUMMARY Based on some discussion at the economic Development Workshop, consideration from the Parks and Recreation Board, and other communications, under my matters I will be seeking direction from the Council to address the idea of conducting periodic Farmer's Market at Riverview Park. The idea is to set up open venues for merchants to sell goods. While it may be cumbersome for City staff to setup and manage such activity routinely, my office has been solicited by Farmer's Market organizers who wish to establish such an activity in Riverview Park. As payment, the City would receive a portion of the administrative fee - or booth fee -charged to the vendors for use of the park and facilities. If Council is of the opinion that this is an acceptable idea, I will seek authority to conduct a competitive process for the best proposal and execute said agreement. RECOMMENDATION Seek direction from Council and possible authorization to conduct and execute a Farmer's Market Agreement. G ~~~ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2009 MEETING DATES ~` ~y's.- ,--~ ...il ~~. ~~ ~~.~;~ ~, ~:`,_~ ~~,,~~;* January 6, 2009 - 9:00 a.m. January 13, 2009 - 9:00 a.m. January 20, 2009 - 9:00 a.m. February 3, 2009 - 9:00 a.m. February 10, 2009 - 9:00 a.m. February 17, 2009 - 9:00 a.m. March 3, 2009 - 9:00 a.m. March 10, 2009 - 9:00 a.m. March 17, 2009 - 9:00 a.m. March 24, 2009 - 9:00 a.m. Apri17, 2009 - 9:00 a.m. April 14, 2009 - 9:00 a.m. April 21, 2009 - 9:00 a.m. May 5, 2009 - 9:00 a.m. May 12, 2009 - 9:00 a.m. May 19, 2009 - 9:00 a.m. June 2, 2009 - 9:00 a.m. June 9, 2009 - 9:00 a.m. June 16, 2009 - 9:00 a.m. .~ June 23, 2009 - 9:00 a.m. July 7, 2009 - 9:00 a.m. July 14, 2009 - 9:00 a.m. July 21, 2009 - 9:00 a.m. August 18, 2009 - 9:00 a.m. September 8, 2009 - 9:00 a.m. September 15, 2009 - 9:00 a.m. September 22, 2009 - 9:00 a.m. October 6, 2009 - 9:00 a.m. October 13, 2009 - 9:00 a.m. October 20, 2009 - 9:00 a.m. November 3, 2009 - 9:00 a.m. November 10, 2009 - 9:00 a.m. November 17, 2009 - 9:00 a.m. December 1, 2009 - 9:00 a.m. December 8, 2009 - 9:00 a.m. December 15, 2009 - 9:00 a.m. Approved by Board of County Commission December 2, 2008 (~~ • • CITY OF SEBASTIAN PURCHASING TELEPHONE PRICE QUOTATIONS Vender Business Name: Canine Extreme Vender Contact Person: Raul Hernandez Address: 10 Beechwood Dr. Key West, FL. 33040 Phone Number: (305) 797-7277 Date & Time: November/08 Item Description & Comments: Police German Shepherd Price: $9,000.00 Vender Business Name: Southern Hills Kennels Vender Contact Person: Bill Hyzer Address: 690 Meta Ln. New Smyrna Beach, FL. 32168 Phone Number: (3 86} 45 3 -0952 Date & Time: November/08 Item Description & Comments: Police German Shepherd Price: Vender Business Name: Vender Contact Person: Address: $12,500.00 Southern Hills Kennels Amy Frank 6071 S.R. 524. Cocoa, FL. 32926 Phone Number: Date & Time: (321) 96I-4978 November/08 Item Description & Comments: Police German Shepherd Price: $10,000.00 Signature: ~i0~; ,~,1~„~~n Date: of-oJ-o9 •