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HomeMy WebLinkAbout01282009crn- c~ --~/~I, ~I~II orl~..'.,~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 28, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed 1. CALL TO ORDER 2. INVOCATION -Rabbi John Goldring -Congregation Beth-EI (C) - Member of Local Ecumenical Society 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. 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. 7. ITEMS CARRIED FORWARD FROM JANUARY 14, 2009 REGULAR MEETING 08.014/09.017 A. Review and Set Goals for Charter Officers in Accordance with Resolution R-07-31 1-s (City Clerk Transmittal, R-07-31, Minutes Excerpts) B. Council Member Simchick 09.020 i. City Planning: A Time for Vision and Goal Setting 09.021 ii. Tourism C. Mayor Gillmor 09.022 i. Assignments of Council Members to Attend IRC Commission Meetings - 11 February through October (Meeting Date List) 09.023 ii. Car Storage 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. 13-24 25-30 31-42 08.121 /09.007 43-50 A. Approval of Minutes - 12/15/08 Joint Workshop B. Approval of Minutes - 1/7/09 Workshop C. Approval of Minutes - 1/14/09 Meeting D. Resolution No. R-09-05 -City Council Meeting Procedures (City Clerk Transmittal, R-09-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-08-09; 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. 09.025 51-54 E. Resolution No. R-09-06 -Supporting Combining the St. Johns River and South Florida Water Management District Waterways (City Clerk Transmittal, R-09-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE HYDRAULIC AND APPLICABLE PHYSICAL RE-CONNECTION OF THE CENTRAL AND SOUTH FLORIDA CONTRIL PORJECT, AS REPREESNTED PRESENTLY BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THROUGH A SERIES OF INERCONNECTED RESERVOIRS, STORM WATER TREATMENT AREAS AND CANALS WITH THE FORT DRUM MARSH AREA. 09.014 55-58 F. Resolution No. R-09-07 -Supporting Florida League of Cities Policy Re: Citizen Outreach (City Clerk Transmittal, R-09-07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT 09.026 59-66 G. Resolution No. R-09-08 -Authorizing City Manager to Execute Florida Airports Council Internship Grant in the Amount of $5,000 (Airport Transmittal, Internship Grant Application, Grant Agreement, R-09-08) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERNSHIP GRANT AGREEMENT WITH THE FLORIDA AIRPORTS COUNCIL TO PROVIDE FUNDING FOR AN AIRPORT INTERN; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 09.027 67 09.028 H. Approve Florida League of Cities Neeley Settlement in the Amount of $2,500 (City Manager Transmittal) I. Award Bid and Approve Purchase of Grader for Airport from Flagler Construction 2 69-98 Equipment in the Amount of $80,000 with Funding from FDOT JPA Grant (Airport Transmittal, Invitation to Bid, 2 Bids) 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: (R-08-09) • Mayor opens hearing • Attorney read ordinance Staff presentation • Public input -Limit of 5 minutes per speaker • Staff summation Mayor closes hearing • Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name for the record. 09.024 A. Second Reading and Public Hearing of Ordinance No. 0-09-01 Capital Improvements 99-147 Element of CLUP (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. (PJ 1 /13/09) Quasi-Judicial Hearing Procedures at End of Agenda 09.029 B. QUASI-JUDICIAL HEARING -Resolution No. R-09-03 Preliminary Plat -The 149-173 Pointe at Chesser's Gap Subdivision (GMD Transmittal, R-09-03, 2004 Conceptual PUD, Staff Report, P & Z Minutes, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS THE POINTE AT CHESSER'S GAP; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 09.029 C. QUASI-JUDICIAL HEARING -Resolution No. R-09-04 Site Plan -The Pointe 175-207 at Chesser's Gap Townhomes (GMD Transmittal, R-09-04, Staff Report, Traffic Analysis, Concurrency Letter, SJRWMD Correspondence, P & Z Minutes, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE POINTE AT CHESSER'S GAP TOWNHOMES WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 11. UNFINISHED BUSINESS 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. 13. NEW BUSINESS 09.030 A. Little League Use Agreement (City Manager Transmittal, Previous Lease) 209-229 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.030/09.031 A. ISBA Verbal Update Report Based on 1/28/09 Working Group Meeting 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Coy 09.019 i. Neighborhood Park Events Update C. Council Member Simchick D. Council Member Wolff E. Mayor Gillmor 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) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Con~cast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: 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 Apri18, 2009 Regular Meeting - 6:30 pm April 22, 2009 Regular Meeting - 6:30 pm Procedures for Quasi-Judicial Hearing: Mayor opens hearing Council Members disclose ex-parte communication Applicant or agent makes presentation in favor of request following swearing in by City Cleric Staff presents finding and analysis following swearing in by City Cleric Council asks questions of the applicant and staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided opportunity to respond to issues raised by staff or public Staff provided opportunity to summarize request Council deliberation and questions Mayor calls for a motion Council Action 4 alr a S~ s~sT~-N HOME OF PELIUN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Review and Set Goals and Agenda No: ~ . ~' ~ ~~ ~~` ~' ~~~ . ;,° ` ~ +~ Objectives for Charter Officers in Department Origin: City Clerk <~,yyl 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. O 0 RESOLUTION NO. R-07-31 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 Ju{y. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall 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 1S' 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 form 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 NeQlia 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. ~~ Regular City Council Meeting February 13, 2008 Page Two 08.014 B. Set Bi-Annual Goals and Objectives for City Manager, City Attorney aGle~ 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 39 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 ~~ 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 ~~-s~ (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 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 ~-~ (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. Mr. Paternoster said due to the complaints he receives and people not getting answers, he suggested a liaison for the citizens; a fagade, 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 fagade, sign, and landscape grant program throughout the City -add implementation of economic plan to second goal 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 ~~ : . 3 /~ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2009 MEETING DATES ~~~lk~' ~J ~~~ ~. .. ~ . .-i Z' = .~ ~Ic _. 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 ~~ tZ JOINT WORKSHOP INDIAN RIVER COUNTY CITY OF SEBASTIAN CITY OF VERO BEACH CITY OF FELLSMERE TOWN OF INDIAN RIVER SHORES TOWN OF ORCHID MINUTES MONDAY, DECEMBER 15, 2008 - 5:00 P.M. SEBASTIAN CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA RE: INTERLOCAL SERVICE BOUNDARY AGREEMENT (ISBA) Mayor Gillmor called the Joint Workshop to order at 5:00 p.m, expressed his thoughts about how all participants in this agreement will be able to look back and be proud of how they charted this course for Indian River County's future and welcomed everyone to Sebastian. He requested in lieu of roll call that members of each agency and staff introduce themselves. 2. ROLL CALL The following individuals were present. City of Sebastian Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff City Manager AI Minner Interim City Attorney Robert A. Ginsburg Growth Management Director Rebecca Grohall City Clerk Sally Maio (recording) City of Vero Beach Mayor Sabin Abell Vice Mayor Tom White Councilmember Debra Fromang Councilmember Bill Fish Councilmember Kevin Sawnick City Attorney Charlie Vitunac City Planner Timothy J. McGarry City Clerk Tammy Vock (in audience) City of Fellsmere Mayor Susan Adams (arrived late) Vice Mayor Joel Tyson Vice Mayor Pro Tem Fernando Herrera City Manager Jason Nunemaker City Attorney Warren Dill City Planner Rochelle Lawandales City Clerk Debbie Krages (in audience) Finance Director Larry Napier (in audience) /3 ISBA Joint Workshop December 15, 2008 Page Two Town of Indian River Shores Mayor Thomas Cadden Vice Mayor E. William Kenyon Council Member Frances Atchison Town Manager Robert Bradshaw Town of Orchid Mayor Richard Dunlop Vice Mayor Suzanne Joyce Councilmember Paul Johnson Town Manager Deb Branwell Indian River County Commissioner Wesley Davis, Chairman Commissioner Joseph Flescher, Vice Chairman Commissioner Gary Wheeler Commissioner Peter O'Bryan Commissioner Bob Solari County Administrator Joe Baird (in audience) Assistant County Administrator Michael C. Zito County Attorney Will Collins (in audience) Assistant County Attorney George Glenn Council General Services Administrator Tom Frame (in audience) Community. Development Director Bob Keating Clerk to the Board/Recording Clerk Athena Adams (recording) 3. The Pledge of Allegiance was recited. 4. ISBA REVIEW PRESENTATION -City Manager, AI Minner Mr. Minner gave a power point presentation originally prepared and presented by Robert Keating to the County Commission at a recent Commission meeting with minor modifications to make it more neutral. The presentation recapped the Interlocal Service Boundary Agreement (ISBA) process from its beginning in April 2007 up to this point (see attached -for the record the first Sebastian Joint Workshop was July 23, 2008). 5. PRESENTATION OF UNRESOLVED ISSUES A. SEBASTIAN 1. Point to Point Contiguity Mr. Minner addressed the three concerns for Sebastian, i.e., point to point annexation or contiguity, keeping "new towns" away from City limits, and a request by a couple of members to include other services in the agreement such as water, sewer, transportation, etc. Mr. Minner presented a Sebastian annexation exception proposal map (see attached) showing parcels highlighted in yellow, blue and red. He recommended striking point to point language and instead state that Sebastian is exempted from those regulations in FS 171 J ISBA Joint Workshop December 15, 2008 Page Three and references the map. The Growth Management Director provided copies of the map to each agency. He said if Sebastian is going to develop the Western Employment Center (WEC) it would be fair to have some exemptions from 171. Other Urban Services Ms. Simchick noted the Interim City Attorney was going to look into other issues the Council had with traffic concurrency and water, and said she feels like these are issues that need to be included in discussions of the ISBA. 2. New Town Location Ms. Coy said she recalled discussion of a five mile buffer for new towns and then it was changed. She said she hoped it can be further negotiated B. VERO BEACH 1. Comments Attorney Vitunac said the City of Vero Beach had concerns for mention of Citrus Highway in Sebastian's Western Employment Center, since it is used as a description of a location but Vero Beach finds that the existence of that road has not yet been determined and would argue against it being built therefore would not want it mentioned in the agreement. He said they do not have a problem with the point to point issue that Mr. Minner just explained, but do have a problem with Exhibit F and Fellsmere's description of how it plans to develop the 20,000 acres. He said Department of Community Affairs is currently reviewing it and will probably come down with a different set of regulations. Mr. McGarry further stated Exhibit F is still under review, that the County and Sebastian responded and there are objections from the State, and Vero Beach is encouraging all parties to work together to address the problems they see in Exhibit F. Mr. Vitunac also noted that water and sewer and other issues will be reviewed by the USAC under terms of the ISBA, and then recommended all applications using Exhibits D, E and F should be taken to USAC for official review and comment. C. FELLSMERE 1. Comments Jason Nunemaker said Fellsmere has been working on the agreement since 2005, described the genesis of the ISBA, and no matter whether you are pro-growth or anti- growth you will have some frustrations with the agreement. He said as far as moving forward, Fellsmere Council has said it is time to move forward, though Exhibit F needs some tweaking, stated that Fellsmere has been subjected to scrutiny that few other cities have been subjected to. He said they have the implementation of House Bill 697 that has not been properly promulgated by DCA which has to do with sustainability measures and efficient land use patterns they are trying to develop. He said they have tightened up sprawl issues. He said DCA has taken a much more stringent perspective on needs analysis, and they are fully prepared to deal with them on that. He said in the spirit of 3 /5 ISBA Joint Workshop December 15, 2008 Page Four cooperation they can take another look at Exhibit F, but are reluctant if it is to be prolonged. Mayor Adams said at the last Fellsmere meeting there was discussion and they had no problem with point to point contiguity, they are concerned with dragging out the ISBA and recommended if we have issues we need to hash them out tonight and give staff direction so we are not in indefinite negotiations. She suggested appointing a member of each agency to attend the staff working group meetings if necessary. D. INDIAN RIVER SHORES 1. Reserve the Right to Comment if Needed Mr. Bradshaw said Indian River Shores was in agreement with all others on the four outstanding issues 1) point to point, 2) Exhibit F, 3) Exhibit D the Citrus Highway issue and 4) the new town locations as far as proximity and would like to reserve comment to hear Indian River County's perspective. E. ORCHID Comments Council Member Joyce said their only problem was the language of the "poison pill" - the twenty years. Mayor Dunlop complimented everyone on their work on the agreement, agreed with not putting new towns on top of old towns, and after attending MPO last week agreed to taking Citrus Highway out of the agreement. F. INDIAN RIVER COUNTY 1. Point to Point Contiguity Bob Keating said both of the issues cited by Indian River County have been discussed tonight to some degree, noting Sebastian has withdrawn the point to point contiguity issue, County staff is generally in agreement with what Sebastian is proposing and identifying the Graves property as a property that can be annexed subject to allowances of 171 part II. He said there are concerns that the map passed around would create enclaves and about how these annexations would work, though he said with wording changes this could be resolved. 2. Section 10(f) and Exhibit F Mr. Keating said the other identified issue is related to Section 10F and Exhibit F, the criteria of the development of the Fellsmere parcels that were annexed after May 22nd but prior to the date of this agreement. He said this was a topic of discussion for almost every group meeting, whether or not already annexed properties in Fellsmere would have any criteria that would relate to them. He said the way 10 F is written, the criteria in Exhibit F would not apply to current amendments under review by DCA and the County has substantial objections to. He said County staff has a problem with Exhibit F itself because it doesn't have good criteria to prevent urban sprawl, so would like to see 10 F beefed up so that Exhibit F criteria applies to all amendments for annexed properties and Exhibit F strengthened along the lines of the comments of DCA. ' I_ 4 lL ISBA Joint Workshop December 15, 2008 Page Five Commissioner O'Bryan agreed with Mr. Keating on the Sebastian map submitted tonight, that it looks like a checkerboard of jurisdictional limits, expressing concern that it may cause problems for emergency services and other services and that this needs a lot of work. He said as to new towns, the County discussed a mile, and Mr. Keating said'/2 and one mile were discussed and at the last working group meeting the group voted not to require a separation distance, and it was noted that since Sebastian was getting allowance to annex the Graves property, and if the Graves property wants to develop in the County it should not have constraints for separation distance to the City limit line. The City Manager said there was no quid pro quo as stated by Mr. Keating since Sebastian voted for the point to point and against the new towns. Commissioner O'Bryan expressed concern that Fellsmere had moved forward on its comprehensive plan amendment, and would like to keep Exhibit F, give it some meat, and have Fellsmere not proceed with comp plan amendments until this group has a chance to iron out Exhibit F and make it part of the agreement. Commissioner Flescher asked to see the three maps that show how the reserve areas have decreased in size over the period of time that the group has been working together and said it points out what we have done in these meetings, noted services will be ironed out during USAC review, and recommended that rather than unanimous vote, overall majority vote be required by USAC, because if one municipality has a problem with another there is possibility for a veto. He urged everyone not to rush through the process and a little more ironing out needs to be done. Commissioner Wheeler said changes to the document should be unanimous. Interim City Attorney Ginsburg requested inclusion of "or court order", at the end of Section 13, last sentence. Mayor Gillmor said we have come a long way, there are some sticking points, but we all want to preserve the quality of life in Indian River County, each City has its own vision but that should not preclude us from coming together and it should be unanimous, with enough latitude for a vision of each town. He said he had some concerns about new towns but that is a County situation and change is going to happen, the landscape is going to look different but the question will be did we manage it well. Vice Mayor Hill said it seems we have more in common on this document than we are apart, would like to see things ironed out, and said let's get it on the table and work it out. Council Member Fromang said she sees Exhibit F as the hardest issue and suggested starting with that. Mayor Dunlop said he sees three issues he has listened to tonight, maybe four. 1) Citrus Highway -can we throw that out -there were no objections 2) New Towns - suggested a resolution satisfactory for all parties -suggested 3 miles as a starting point. 5 l7 ISBA Joint Workshop December 15, 2008 Page Six Mr. Keating said generally new towns are a good way to develop outside the urban service area. He said in Sebastian's Exhibit D they have an allowance for using the County's new town and in the agreement Fellsmere has the ability to use new town in its reserve area and from staff standpoint the separation distance is from the town itself, not the conserved or open space part. He said the separation should only be %2 mile so as not to constrain land owners. He further said east of 95 new towns would be 1200 acres, and west of 95 they would be 4000 acres, and that he did not know if you could put a new town east of 95 with a three mile separation distance and you may not be able to put one north of 60 and west of 95. Council Member Coy said keeping new towns close to urban services creates the problem of piling a town on top of another town, and some of us have a vision that we want a separation. She said she liked Mayor Dunlop's idea of 3 miles. She said it was initially five miles and it disappeared. Commissioner Solari suggested County staff come back with a map showing concentric circles showing what %2 mile, one mile, three miles, and five miles would do. Mayor Dunlop asked if everyone agreed with this and there were no objections. Commissioner Davis said it is important to do so and show what this will do to growth patterns of the County and whether it is practical or not. Mr. Keating said staff will do that. Mr. Minner said we used "Citrus Highway" as a local name to design the WEC, and as long as everyone is okay with defining it differently, or referring to the map, or giving us the flexibility to have different land uses within those reserve areas, we are okay. Mr. Vitunac said he was okay with this. Mayor Dunlop asked if Mr. Nunemaker and Mr. Keating could live with Exhibit F being whatever DCA comes down with. Mr. Nunemaker said we would certainly go in that direction, and Mr. Keating said if what DCA comes down with can be incorporated into that document that would be fine. Mayor Adams said that would be workable. Commissioner Wheeler said he heard a commitment from Mr. Keating and half a commitment from Mr. Nunemaker. Mayor Adams said that is depending on how we can work that into an Exhibit type of structure, she did not think Council would have a problem. Mr. Keating said DCA is going to approve specific amendments, and what you need to do is take the criteria out and incorporate them into Exhibit F, and the County is happy with doing that. Mayor Adams said we can take pieces out of what DCA comes back with and turn that into an Exhibit. i ~' ,. ISBA Joint Workshop December 15, 2008 Page Seven Mayor Dunlop reiterated, so we can move forward we will say that Exhibit F will be controlled by DCA requirements that come down so we can move forward. Mr. Nunemaker said we need to make sure that we get some final resolution, but not down to the nth detail that is not going to allow any flexibility in the future. He said there will be changes we will want to make in 15 years and that cannot be subject to unanimous approval of this board. He said DCA may not exist because it is under sunset review right now. He said there may be things they can do in regard to what DCA wants them to do but it must afford Council flexibility in the future. Mayor Coy noted the recommended inclusion "by court order" that recognizes the current situation between Sebastian and Fellsmere, and said we need to get concensus on that. Commissioner Davis said we are all bound by the courts, but he had no problem with its inclusion. Mr. Nunemaker said for the record, Fellsmere is in full compliance with the stipulated settlement and have met their part of the bargain, transmitted the AG amendment, so it should not be an issue. There were no objections to that language inclusion. Mr. Vitunac said Vero Beach has the issue of Exhibits D, E, and F coming before USAC in an advisory capacity, noting they are currently exemptions. He said though there was no formal vote, it was discussed that they should at least be reviewed by USAC. He suggested that the working group can meet after the holidays, and at that time they will have the concentric circles map. Mayor Dunlop responded that the elected officials should resolve the issues tonight so staff will have something to put together a final document. Commissioner Wheeler said Section 15 B 1, 2 and 3 should be resolved. Mr. McGarry said the way the agreement currently reads any annexation by the City of Vero Beach will automatically take USAC review because its densities are higher than the County's for almost every land use classification; and though they do not want to make this a tedious thing you have to take into account for instance that when you look at new towns that will have countywide consequences and perhaps we should take a look at it. Mayor Dunlop said personally he had no problem with that. Commissioner O'Bryan said while we are on new towns, we are allowing two units per acre on gross density and asked if we can make one unit per acre come from TDRs. He said if we are going to limit it to two west of 95, the only way some other land owners may get value is if they can sell their development rights. He suggested "maximum of two units per acre, but fifty percent of those units have to come from TDRs". Mr. Keating said right now Exhibit E is just a maximum, and the County will be going back this year /q ISBA Joint Workshop December 15, 2008 Page Eight as part of the EAR based amendments which will include changes to new towns. He said right now the County's new towns does not allow two units per acre, and at that time you can modify the new town regulation as long as they are under the maximum that are here. Commissioner Davis said we have municipalities looking at using our new town requirements. Commissioner O'Bryan said on the Sebastian parcel, Exhibit D says the WEC shall have a minimum land area of 500 acres, and asked how they will make 500 acres with these small tracts set out on the map they provided tonight to satisfy the WEC requirement. Mr. Keating responded that almost all of the tracts portrayed are under the same ownership. Mr. O'Bryan asked how they will put together 500 acres when they are all scattered and Mr. Minner responded there are stronger restriction levels that require when you get your x amount of residential but then you can't get anymore residential until you move forward into other areas, and when you look at the minimum of the 500 acres, the bigger of the 500 acres we get the less jagged the edges and enclaves issues the less of a problem it is. He said if you go back and look at Fellsmere, the County didn't have this issue five years ago and Fellsmere did that annexation. He said Sebastian is looking to do better development under restricted guidelines, and when the developer decides how he wants to develop, either with the County or the City, that the City has the opportunity to be able to develop that way and gives the County or the City to develop it at the developer's choosing. Commissioner O'Bryan said he believed a mistake was made not to challenge Fellsmere's point to point annexation, and we shouldn't make that mistake going forward. Mr. Minner said he respects his opinion of not wanting to make that mistake again, but in that respect, Sebastian has limited its reserve area and everyone knows what the extent of Sebastian will be. He said the blue and red squares indicate different owners, noting all of the green area is Sebastian's reserve area. He said the City is just looking for flexibility within its reserve area, and in his opinion, if they get the area in yellow, they would not be able to jump down to the parcels further south unless the areas in between would come in. Mr. Keating noted that neither of the proposed County developments in yellow are final platted. Commissioner O'Bryan said he was fine with the entire reserve parcel as long as it is done irrcontiguous steps. He said he did not have a problem with point to point specifically to this parcel they have identified, but did have a concern with general point to point wording in the document. Commissioner Davis said that is why they did this, because that took away the point to point and instead of calling it point to point we are just going to show you a picture. Za 8 ISBA Joint Workshop December 15, 2008 Page Nine Mr. Glenn said these were his concerns and wanted to make sure there are no blanket exemptions from 171 Part I, enclaves and the language will be important not to show any enclaves so it is not picking within different locations inside their reserve area. Mayor Dunlop cited page 14, #3 and asked if it should not be "either House or Senate". Mr. Vitunac said we mean by passage of either the House or the Senate. Mayor Dunlop said on #1 the Florida Statute states if a citizen group comes forward on petition for Charter it has to be done under Florida law, but that study should not mean you abandon ISBA and ISBA should only die if it came to a vote of the citizens for Charter. Mr. Nunemaker said we would not be bound to abandon the agreement, but could opt out of it. He offered as a substitute that if the County wants to change its government that is fine, but to the extent that you usurp the home rule authority of the municipalities we should have every right to take leave of this agreement. Mayor Dunlop said we can all agree that if the State mandates it we have no choice, but if a group of people come in and want to study charter, we should live under ISBA until such time charter is approved or not. Commissioner O'Bryan agreed with what Mr. Nunemaker has said, but only if the charter tries to usurp the provisions of the interlocal agreement, but if for instance, citizens want to make the tax collector anon-partisan office, we should not walk away from this agreement. Commissioner Wheeler asked how we can bind people not a part of this agreement to this agreement. Mr. Nunemaker said this language may too broad, and Fellsmere's position is that to the extent that County government doesn't pre-empt home rule authority, he did not think they have a concern. Commissioner Wheeler said he could see tightening this up, because any attempt at charter government by citizens could take up to eighteen months. Council Member Johnson agreed with Mayor Dunlop's position, and that if we are going to put this together it should stick. Mayor Dunlop said the sentence should be changed to "to continue this agreement while an attempt is being made to establish a charter form of government which would have a negative impact on ISBA or negate ISBA would be inconsistent" and the attorneys can come up with the correct language. Commissioner O'Bryan said he could work with that and would work with Mr. Nunemaker to come up with the exact language. Commissioner Wheeler said we need to define "negative". Commissioner Flescher said anything that would conflict with the ISBA would be a strong triggering mechanism. He said this language was written early on and some elements and mindsets have changed and agreed there should not be such a harsh triggering mechanism. 9 ~I ISBA Joint Workshop December 15, 2008 Page Ten Mr. Minner suggested it read only when charter passes but any type of charter not just ISBA specific. Commissioner Solari said once you have one charter issue today, then you have the next change tomorrow. Upon further discussion, it was agreed that all could live with language whereby it would affect "home rule authority". Mr. Zito asked at what stage in the process would an ISBA member be able to opt out. Commissioner Wheeler said it should come with a vote to approve. Vice Mayor Kenyon suggested to say if the proposed charter doesn't have dual referendum in it then we can opt out. Commissioner Wheeler agreed. Mayor Abell said the term is twenty years, it is reviewed every five years, but there is no provision for extension. Mayor Dunlop said it can be extended at any time during five year review. Commissioner O'Bryan suggested adding that language to the agreement. Mayor Adams asked about the issue of USAC review for Exhibits D, E and F and asked if the provisions of those Exhibits would not preclude the need for review because they are exceptions to the ISBA. Mr. Vitunac noted it is to make sure nothing happens, for instance in the WEC, without USAC review. Mr. McGarry said he did not see a problem with giving it a review at zoning level to look at impacts. He said it is just an advisory review. Mayor Adams said Fellsmere would have a problem having something under Exhibit F coming to USAC. Mayor Dunlop asked if there are any other issues. Ms. Simchick asked if the planners are comfortable with the USAC, that the USAC has its place but was not sure all services are covered. Mr. Dill inquired about questions regarding unanimous vote. Mr. Flescher said each municipality must reach majority vote for something to pass USAC and it will only take one municipality or the County Commission to veto something going forward and perhaps majority vote of Council and Commission combined should be used. Mr. Dill noted that Section 12 is the only place unanimous vote appears. Commissioner Wheeler said he agrees with it as written. Mayor Dunlop clarified that when the League of Cities attorney representative spoke to the group the original intent was that it would take 18 votes to change anything, three out 2, l o ISBA Joint Workshop December 15, 2008 Page Eleven of the six agencies. He said we all need to work together to make this County the county it should be. Mr. Nunemaker said Fellsmere's attorney has acted as the gatekeeper of the draft agreements and Fellsmere has incurred approximately $30,000 for this, and asked that if this is going to be prolonged could another City take on the role. He said as to Exhibit F, he underscored they Fellsmere will take it back and revise with some finer resolution, but it is not meant to incorporate in total what comes back from DCA. He said it would be helpful to have an ongoing working group. Mayor Gillmor said there is accord, but there needs to be some tweaking, that we should have staff meet and see if they can work out the wording that we have hashed out and the next time we sit down we should have a document that we can all agree on. Mr. Vitunac said he would like to call another meeting of the staff working group for January to revise the document, have someone present the concentric circles map regarding new towns, staff will come up with a recommendation, and if Sebastian would host another meeting like this, we can give hopefully provide a final working document and the elected officials can possibly adopt the final version subject to each Council and Commission separately voting on it. He said he thought they could meet by January 15tH Mayor Adams asked if the elected officials could then meet by February 15tH Mr. Nunemaker said Fellsmere will be transmitting to DCA this week, and if it is the desire of the group to wait to use DCA comments as the basis for Exhibit F then they would have to wait the 45 days from the 18~' but that is assuming compliance, however if it is a settlement it could be a year out. He said they have gone to great lengths to address their comments. Council Member Coy said we need to wait for DCA because of past experience and because she wants it to match and wants loopholes out of it. Mayor Adams said if they want a response from DCA that is fine but then there is no point for the staff working group to meet because the main issue everyone seems to have is with Exhibit F. Mr. Minner said there were five or six issues: Sebastian contiguity, Fellsmere's Exhibit F, home rule, rewrite for extension language, and new towns. He said it is important for staff to meet again. Mayor Adams said she wanted a time certain for elected officials to meet. Mr. Minner suggested March, and she said prior to March 15 which is 90 days. Council Member White suggested the working group advise as to the time once they meet. Commissioner Wheeler requested clarification of the gatekeeper issue Mr. Nunemaker brought up and Mr. Nunemaker explained Attorney Dill has been keeping the draft agreement and it comes with a cost. 11 ISBA Joint Workshop December 15, 2008 Page Twelve Mr. Vitunac offered to take over the agreement, and commended everyone involved in the process. 6. PUBLIC INPUT Honey Minuse, Indian River Neighborhood Association, said they are impressed with the process, acid recommended that when considering new towns, the anchor tenant be identified and contracted with prior to any adoptions, to assure commercial and industrial aspects of new towns, to ensure economic vitality, and to enhance marketing. Mike Ray, Vero Beach, representing the Graves family, said that this document has a lot of hard work in it but still has ambiguities in it that can cause it to be read in different ways, and challenged everyone during this waiting period to go back and consider if you wanted to do something in your own municipality, could you do it without unanimous approval. He asked if it was right to commit future Councils and Commissions to this document, because everything written is in stone once approved. Mr. Vitunac said this is not totally accurate because you have unanimous approval requirement only for changing the comp plan for land outside the urban service area, and annexing land within the urban service area or in the reserve area does not require unanimous approval even if some large scale annexations will be reviewed by USAC in an advisory capacity. Mayor Gillmor noted that the document also provides for review after five years, so it is not cast in stone. Joseph Palladin, President, Black Swan Consulting, suggested that the unanimous vote be changed to allow more than one agency to stop something. 7. ELECTED OFFICIAL DISCUSSION ON CONSENSUS FOR DIRECTION TO ISBA WORKING GROUP Mayor Gillmor recapped that staff will meet before January 15th, and this body will meet again sometime before March 15th hopefully with a document that everyone can vote on. Mr. Vitunac scheduled the staff meeting for January 14 at 1:30 pm in the City of Vero Beach and elected officials will have a report from staff by the 15tH 8. Being no further business, Mayor Gillmor adjourned the Joint ISBA Workshop at 7:16 p.m. Minutes submitted by: Sally Maio, MMC City Clerk City of Sebastian ~l~ 12 an ~~ ~E$~.ST '` ~ ..;. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES ECONOMIC DEVELOPMENT WORKSHOP WEDNESDAY, JANUARY 7, 2009 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Workshop to order at 6 pm. 2. The Pledge of Allegiance was recited. 3. 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 Police Chief, Jim Davis Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall MIS Senior Systems Analyst, Barbara Brooke-Reese 4. PROPOSED ECONOMIC DEVELOPMENT FOR CITY OF SEBASTIAN (Draft Plan) Brief Presentation by Economic Development Task Force Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce, introduced Helen Caseltine, Director of Economic Development for Indian River County Chamber of Commerce who gave a brief presentation on Economic Development. She stated she had taken some material from Bill Fruth, who had previously presented to Council (see power point presentation attached). Ms. Mitchell continued the presentation. She recommended formation of a confidential Economic Development Committee in accordance with and as allowed by Florida Statutes, cited the Patterson-Bach plan from 2003, and suggested inclusion of an Economic Development element in the City's Comprehensive Plan. 25 Economic Development Workshop January 7, 2009 Page One Mayor Gillmor said he sees this as abrain-storming session and first opened the floor for public input. Public Input Willard Seibert, 1013 Indian River Drive, Sebastian, congratulated the Task Force, expressed concern regarding formation of confidential committees, stating while he recognizes the need for confidentiality during some negotiations, it must be stripped aside and information opened up. He said site plans for 15,000 square feet should not be left to staff, and said he did not see how you can fast track site plan review on a very large facility. Steve Philipson, Vero Beach resident, and Sebastian airport lessee, said he has had difficulty working with the City in the past, but in December had a meeting with staff and he sensed a better attitude from staff in working with small business people. He said he would like to see a committee where a person could air concerns regarding problems encountered. He suggested charting how long things take to go through the process to identify the roadblocks. Damien Gilliams, 1623 US 1, thanked the committee for the presentation, said he tries to keep things simple, fights City Hall, has a dock with 50 sites and gets calls for them every day, and can't get answers from City Hall. He said the docks would bring big boats into the City. He said he tries to participate in the City and can't get an electrical permit. He said schools and colleges bring people to an area and the plan sounds good but it is long term and asked what we are going to do for tomorrow, suggesed a place to bring local people out of their homes so they can meet and trade. He said people are losing their homes and prices are dropping. Beth Mitchell said their effort has been long term, but noted in the packet behind the slide presentation on "10 reasons to shop local" and asked Council to direct staff to place this on the City sites; and suggested that the City's bidding process be changed to include recognition of local businesses. Ms. Simchick said she visited Mt. Dora recently and noted their Chamber is open Saturday and Sunday and we need our Chamber open on the weekends. Ms. Mitchell responded the Chamber is as challenged as local businesses are, they are considering lay-offs and would not be able to keep the Chamber open on the weekends. She said even the City has a voice mail system and no person as a real receptionist and she cannot count the number of times people contact the Chamber after becoming frustrated when they cannot reach City Hall. Ms. Simchick suggested closing one day during the week and opening one weekend day. Ms. Mitchell said their focus is not just on tourism and that Monday is one of their busiest days. She said in the future she would like to do a ten or fifteen minute overview of what services the Chamber provides and how they are acting on behalf of the entire business community. z~ 2 Economic Development Workshop January 7, 2009 Page Three Indian River County Commissioner Peter O'Bryan, and Commission liaison to Indian River County Economic Development Council, said the first thing we need to do is tell people to quit buying junk and to buy products that are made locally and promote a buy local program and suggested such avenues as a local flea market and tax incentive program. He said the confidentiality issue is a double edged sword, and explained the process. He urged everyone to talk in positive terms rather than negative about things happening in our area, citing SRHS band, great programs, Sebastian Inlet, wildlife refuge. He suggested a "bring your kid to Sebastian" contest for retired people, and advised Commissioner Solari has requested an Economic Summit for February 5. Don Wright, North Fischer Circle, Sebastian, said if we don't plan now everything gets postponed again, it is an urgent situation and affects all aspects, it is important to get a plan in place, and we need to get decisions made on how to move forward. Damien Gilliams said the Chamber needs to be open on the weekend, suggested moving the Chamber over to this complex to be near Growth Management and the college, and use the valuable property on the river for businesses. He said in St. Augustine there are parking lots throughout the area. He agreed with the green market the Commissioner mentioned. He said he collects cards from the vendors at the city festivals and most of the people at these events are from out of town. Mayor Gillmor called recess at 7:17 p.m. and reconvened the workshop at 7:35 p.m. All members were present. iii. Council Discussion Mayor Gillmor thanked Ms. Mitchell and Ms. Caseltine for their presentation, said the Economic Development Plan addressed issues down the road and it is important to get it started, but it will not put jobs in Sebastian this year. He read from the Community Redevelopment Plan policy regarding enhancing the City's gateways of US 1 and 512, and an article about local tree farmer's losing their shirts, and suggested we buy some trees. He then read from a Kimley-Horn report regarding 512 and US 1 and the triangle, briefly discussing the flag Ms. Coy had requested. Ms. Coy said it had been approved for funding from the Clambake Foundation. He further read material regarding marketing the downtown area, said we are really good at being a bedroom community, people are retiring here, and suggested we market ourselves better to bring people here. Vice Mayor Hill said 512 is a county road and they would need to be involved in the process, and did understand the Mayor's thoughts on being a bedroom community but said there are many people in Sebastian who are not retired. He agreed with beautifying the City as set out in the CRA but urged bringing in industry and putting people to work and approval of an Economic Development element in the City's comprehensive plan, and recommended getting the Economic Development plan on an agenda, hammering it out and getting staff on it. Ms. Coy agreed with Mr. Hill, and said it was time for moving on with the plan and committing as a group, said she has some ideas to discuss with Council regarding City parks after she speaks to the City Manager and staff. She suggested inclusion of language in the plan that reinforces use of local workers, and suggested putting the plan on the next business agenda. 3 ,2 Economic Development Workshop January 7, 2009 Page Four Ms. Simchick thanked the Chamber and Task Force and said she was glad to hear we are all stimulated by the plan, said it is important to know who we are, opposed hiring a grant writer for that sole purpose and the grant writer should be our planner, noting she had championed outsourcing grant writing, said she would like to see staff come forward with its own Economic Development plan, that these are suggestions. She said she would like to see a consensus of Council tonight to direct staff to research some of these issues. She said she was firmly against developing a confidential committee, and asked the interim City Attorney his opinion on the matter in his prior experience and as our advisor. The interim City Attorney said there are two elements to the Sunshine law, public records and open meetings and the courts keep them separate and they do not overlap and statutes are very clear. He said it is true that certain information can be kept confidential but this is not the same as you can establish a committee that operates outside the sunshine. He said executive sessions are limited in State law and advised he would not be calling executive sessions. He said in closing that while private groups can conduct confidential meetings, we do not have a lot of ability to operate municipal government outside of the sunshine and while the Chamber and others can, he did not think the City could have a confidential committee. Ms. Simchick said after hearing this she strongly objects to confidential meetings, noting the former attorney mentioned this Task Force should not be a City committee, noting that the newspaper had incorrectly called it a City Task Force. She also objected to staff approval for 15,000 sf buildings, was in favor of public input, and tasked staff to take what has been talked about tonight and come back with Chamber Task Force ideas, our ideas, and public ideas. Mr. Hill asked for further clarification as to how these confidentiality meetings are conducted in other municipalities. He requested the 15,000 sf staff approval be left in the plan until there is clarification on that issue and then if Council doesn't want it in, it can be removed at that time. Ms. Coy said these meetings are conducted legally in other places and said she would tike to know what other municipalities within the State are doing. The City Attorney said we can protect confidential records but committees are governed by the Sunshine Law. Mr. Wolff thanked the Task Force and read each member's name, commended the Mayor on his idea to conduct this meeting in round table, reviewed each section, said he had grave reservations on the confidential meetings issue because it could become the proverbial good old boys network, but said it can probably be bridged between the Chamber and the City Manager, expressed concern that management positions were coming in from outside the area, said the Airport has some limitations for business development, said he was concerned that if the City was identifying commercial and industrial land and a property was missed there may be some liability for the City, agreed that buying locally was a great idea as was providing stickers for local products, urged control in spending dollars on beautification while people are out of work, cautioned against outside vendors coming in and competing with locals at farmers markets, and suggested a final workshop with input from staff. He said the website can 2~ 4 Economic Development Workshop January 7, 2009 Page Five be updated hopefully not at a great cost to allow for more economic development information in PDF format. Ms. Simchick noted Palm Bay has an interactive website for businesses to use and asked that it be researched. Mr. Wolff said he was also not in favor of staff approval of 15,000 sf structures and did not think a two week fast track program for development issues can work but understood changes need to be made. Ms. Simchick suggested creativity in advertising and perhaps a community slogan contest. Mr. Gillmor suggested a billboard on 1-95 which could direct them to the City's website. Mr. Wolff said the cost would be approximately $12,000 per year. The City Manager reviewed some of the City's on-going projects, 512 grant, IR Drive/Main Street Project, Collier Creek Canal, pedestrian bridge. He then recapped direction to staff to put together an Economic Development Plan by taking all points provided tonight and using the Chamber's plan as the framework, put it into a comprehensive format with targets and bullets to be completed by the end of February at that which time a workshop would be scheduled. He continued that the Council will then review and work on bullet points at the workshop and this would be the final framework for the Sebastian Economic Development Plan which Council would put its stamp on and be placed on the website. He further said the confidential committee is a tool that needs to be used but that it need not be mentioned in the plan, and agreed with Council on staff approval of 15,000 sf buildings. He noted recent updates to Council on methods to move Growth Management forward. Mr. Hill suggested including a goal of thirty days for development issues and Ms. Simchick supported that. Mr. Gillmor asked the Council's feelings about round table workshops and Ms. Simchick said Council cannot make decisions at workshops and would like to hear from the Police Chief and where he prefers Council to be. The Chief said Council's best security is behind the dais if someone were to rush their position, because the barrier provides protection. He said if they mix and mingle it makes the department's job harder. Ms. Simchick said she would like to take the Chief's advice and said she feels more comfortable behind the dais. Mr. Wolff asked what difference there is when they are seated on the floor for ISBA or MPO. Mr. Gilliams was recognized and said don't forget Mom and Pop businesses. 5. Being no further business, Mayor Gillmor adjourned the workshop at 9:00 p.m. ~q) Economic Development Workshop January 7, 2009 Page Six Approved at the January 28, 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST.' Sally A. Maio, MMC -City Clerk 30 p~nrv~~~ S~ ~-- __. ~- ^ y...~ ..~ HOME OFrPELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 14, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was led by Council Member Simchick. 3. There was a moment of silence. 4. Council Member Simchick read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff (arrived 6:50 p.m.) Staff Present: City Manager, AI Minner Interim City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Deputy Police Chief, Michelle Morris Police Lieutenant, Robert Lockhart Public Works Director, Jerry Converse MIS Senior Systems Analyst, Barbara Brooke-Reese 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Ms. Simchick stated that a gentleman had requested the opportunity to speak on the item under City Manager Matters regarding Farmer's Market and the Council's policy resolution does not allow public input under Charter Officer or Council Matters. Ms. Coy suggested moving the item to New Business. The City Manager said there may be other folks who wish to address it and agreed. It was the consensus of Council to move the item to the end of New Business. Regular City Council Meeting January 14, 2009 Page Two 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 Mayor Gillmor read the bio for Ms. Webb who was not in attendance but had previously received her award. She arrived before the end of presentations and was congratulated. 09.002 ii. Certificate -Cindy Falco for Parks & Recreation Committee Service Mayor Gillmor presented a certificate to Ms. Falco, who addressed the audience on the importance of public participation. 09.003 iii. Certificate -Jim Slattery for Natural Resources Board Service Mayor Gillmor presented a certificate to Mr. Slattery, who briefly addressed the audience. 09.004 iv. Certificates -Thomas Burke, Dwight Trout Todd Klitenic for Citizens Budget Review Advisory Board Service Mayor Gillmor presented a certificate to Mr. Klitenic. The others were not in attendance. 09.005 v. Certificates - GFWC Sebastian Junior Woman's and Woman's Clubs Sebastian Property Owners Association Sebastian River Area Chamber of Commerce, and Sebastian Police Volunteers for 2008 Christmas Parade Mayor Gillmor presented certificates to representatives of the above referenced organizations for the 2008 Christmas Parade and also to Jim and Jake Sunnycalb for their train set and to the Grinch. 09.006 vi. VFW -Presentation of Community Services Award to Sebastian Police Department The VFW presented community service awards to Sebastian Police Officers Hefper, Brandes & McDonough for their lifesaving effort on October 29, 2008. B. Brief Announcements Ms. Simchick announced the Sebastian Art and Music Festival on January 24 and 25. 3L 2 Regular City Council Meeting January 14, 2009 Page Three Mayor Gillmor noted there is a local Sebastian Art Show in Riverview Park this weekend and urged people not to be confused that this is the larger art show listed on the Riverview Park marquee. He also announced that people can get a week's worth of food for $30 from Angel Food Ministries (angelfoodministries.com) and locally they can be found at the Crossroads Church on US 1; announced that each Wednesday the East Coast Clinic will do individual blood tests for $10 per test; and announced the Men's Health Fair at Sebastian River Medical Center this Saturday. 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 Mayor Gillmor called for public input. The following members of the public urged a return to having invocations at meetings: Daniel Dragonetti, Cindy Falco, Sal Neglia, Pastor Eleanor Lee, Bill Messersmith, Elizabeth Walter, Joe Generazio, and Sandy Vandermor. Mayor Gillmor noted Roberts Rules of Order provides that invocations should be placed before the Pledge of Allegiance and he requested that invocation replace moment of silence. Mr. Hill agreed with changing to invocation, requested going back to 7 pm start time, questioned the need to have language that the chair controls the meeting and the need to read a civility pledge. Ms. Coy said she had no problem with prayer but cited the reason it ended was that we were getting complaints because we could no longer get a variety of people and the person who was doing the invocation had the Mayor read from the gospel and the invocations were slanted toward one faith. She said she would rather have a variety of people to represent the entire community, thought the civility pledge and mayor controlling the meeting language should remain. Ms. Simchick noted the meeting time was changed to accommodate the elderly having to stay out late at night, asked if we all pray quietly does God not hear, noting that some people had a problem at the prayers that were slanted toward one religion. Mr. Wolff asked if Mayor Gillmor was a minister and he said he was. Mr. Wolff said his problem was that the person doing the invocation asked the former Mayor to come from behind the dais and read from the gospel and he had found that uncalled for. He said he had no problem with an invocation but the way it was handled was the thing. He cited an imam who spoke before Congress asking Mohammed for victory over the great satan and wondered what reaction that would get here. He said there is no harm in invocation that is non- denominational and noted Ms. Coy was very eloquent when she said it must be all inclusive, noting we are a patchwork of different religions in this country. Mayor Gillmor agreed, noting we are country founded on freedom of religion but are afraid to call out and ask for divine guidance. He also pointed out that with the new start time of 6:30 p.m. it is easier for ministers to come to give the invocations before their own church services. 3-~ Regular City Council Meeting January 14, 2009 Page Four MOTION by Mayor Gillmor and SECONDED by Vice Mayor Hill to move a generic invocation to the proper place on the agenda after call to order. Mr. Hill clarified that he agrees in his second that we can use the word God. Ms. Simchick said we have to respect diversity and be respectful. Result of the roll call: Ayes: All Nays: None Passed 5-0 MOTION by Vice Mayor Hill and SECOND by Mr. Gillmor to remove the civility pledge from the agenda. Result of the roll call: Ayes: All Nays: None Passed 5-0 Ms. Simchick brought up the process of public input relative to the Farmers Market issue under City Manager Matters. It was noted that the heading Public Input does not allow someone to discuss anything that is on the•prepared agenda and that no public input is allowed under Charter Officer or Council Matters. The City Manager said Council can suspend the rules at any time. Mr. Hill conceded the start time can stay as is at 6:30 pm because of the invocation issue. 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. s-2o A. Approval of Minutes - 12/10/08 09.008 21-46 09.009 47-52 3`-0 B. Authorize Appropriation of $34,216 from Local Option Gas Tax Funds to Florida East Coast Railway for Barber Street Railroad Crossing Rehabilitation (Public Works Transmittal, Letter, 1984 Agreement) C. Approve Police Department Forfeiture Fund Expenditure in the Amount of $9,000 for Sole Source Purchase of German Shepherd Canine from Canine Extreme, Key West (PD Transmittal, Letter, Quote) MOTION by Ms. Coy and SECOND by Ms. Simchick to approve the consent agenda. Result of the roll call: Ayes: All Nays: None Passed 5-0 4 Regular City Council Meeting January 14, 2009 Page Five 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. Mayor Gillmor reported on a request from the Indian River Citrus League at the Treasure Coast Council of Local Governments meeting last week for a resolution of support for the joining of the St. Johns River and South Florida Water Districts. Ms. Simchick further explained the request was not to join the districts but to reconnect the waterways to prevent runoff to the Indian River Lagoon. Council supported the request and a resolution will be placed on the next agenda. 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) Mr. Ginsburg said he had attached his resume for the benefit of members who were not here when he was hired as Special Magistrate. MOTION by Ms. Simchick and SECOND by Vice Mayor Hill to accept the agreement for legal services with Robert A. Ginsburg. Mr. Wolff read highlights of the resume for the benefit of the public. Result of the roll call: Ayes: All Nays: None Passed 5-0 07.196/09.011 B. Consideration of Land Dedication for the Four Chaplains Memorial at Riverview Park ss-ss (City Manager Transmittal, Pictures) The City Manager briefly updated Council on the request for a memorial in Riverview Park and recommended site A as depicted on page 61 of the packet. Diane George, Public Relations Officer for the Four Chaplains Memorial Committee, addressed City Council on the request fora 50' x 50' memorial location in Riverview Park which first came before Council approximately one year ago. She noted the dedication is scheduled for February 3, 2009, said engineering was being handled by Joseph Schulke, showed an artist rendering, said a 20" X 36" plaque has been donated by the Indian River Historical Society, and memorial bricks are available for the walkway to assist with funding. Larry Wapnick displayed a brick and Ernest Heaton, one of only three U.S.S. Dorchester survivors, addressed Council and described the glass design of the memorial. 35 5 Regular City Council Meeting January 14, 2009 Page Six Mr. Wapnick commended Council on its action tonight on invocations, noting that diversity is what this country is founded upon, and that the four Chaplains represented Interfaith in Action by their deeds. He announced an Interfaith in Action ceremony at St. Sebastian Catholic Church on February 1, at 2:00 p.m. and the unveiling of the memorial's temporary plaque on February 3. All members agreed on Site B rather than A. MOTION by Mr. Wolff and SECOND by Ms. Coy to approve the U.S.S. Dorchester Four Chaplains memorial at site B passed with a unanimous voice vote. Mayor Gillmor called recess at 8:00 p.m. and reconvened the meeting at 8:21 p.m. All members were present. 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. Deborah and Steven Brown, Ashbury Subdivision, urged Council to start the Powerline Road project to stop traffic from speeding through Ashbury late at night and endangering people and animals within the subdivision, by utilizing escrow funds set aside for Powerline by the developer. Louise Kautenburg requested Council to be specific about agenda items so people know what they are if they are going to load the audience with supporters. Daryl Ruce, Ashbury Subdivision, reiterated the $160,000 escrow for Powerline Road that was set aside by the developer, stating this is a beautiful community and it needs to be protected. The City Manager gave Council a history of the escrow and reported that it is due to expire in 2010/2011. He talked about opportunities to seek economic stimulus funding that will be coming out of Washington and the possibility of seeking funding for Powerline Road. He stated the estimated cost for the road would be $ 1 M. Ms. Simchick said the economic stimulus funding will not be made available to the City for this but the $160,000 escrow could go toward design. Discussion followed about the rear gate which the City Manager said is supposed to be closed. Mr. Wolff asked if this is a gated community, why isn't the solution for the gate an Ashbury issue. He suggested the City can offer help in the matter of safety. The City Manager said we can continue to work with owners on the gate issue. Mr. Wolff suggested a meeting with the:City Manager, Police Chief and Homeowners Association be organized. Charlie Wilson said three openings are coming up on the Tourist Development Council, urged Sebastian people to participate and explained how to apply. He announced the February 5, 2009 Economic Summit and cautioned that tourism, citrus, construction and health industries should not be ignored. He offered his help to the City. (p 6 Regular City Council Meeting January 14, 2009 Page Seven Jeffrey Junek, Light Source Business Systems, said his company is local and supplies toner cartridges, etc. to businesses cheaper than they could be purchased elsewhere and had spoken to the City and was told they are not interested in doing business with him. Cindy Falco said she was shocked that the police officers were given Outback certificates rather than certificates for local businesses. Ms. Coy said she had obtained the certificates and it had nothing to do with the City. Sal Neglia started to speak on the Farmers Market issue, but Ms. Simchick pointed out that the other gentleman and his family had been waiting to speak on that issue under New Business where it was moved. Mr. Wolff suggested moving the Farmers Market issue to item A under New Business. Everyone agreed. Damien Gilliams said Brevard County received $35 M for road projects and we should send out a letter immediately for funding from the proposed stimulus package, said the City needs a program for existing businesses, and asked why the Chamber did not mention that there are three seats available on the Tourist Development Council. He asked about the City giving extra money to the Sebastian Fine Arts and Music Festival and expressed concern for Lisanne Monier listing her business in the ad for the event but not the other businesses involved. The City Manager said additional funding was given for concerts in the park, not the art festival and he had not seen the ad. Mr. Wolff said he had seen the ad, it was not a good ad, but the inclusion of Ms. Monier's Old Opera House in the ad did not seem to be a problem. Ms. Simchick asked the City Manager and City Attorney to look into the ad issue. 14. NEW BUSINESS 09.019 F. Farmers Market at Riverview Park (City Manager Transmittal) 175 This item was moved here from City Manager's Matters. Sal Neglia said the City should embrace this to bring people here Tim Timinsky, Sebastian resident, said he was raised here and his great grandfather founded Pelican Island, and he owned the produce market on US 1 and Indian River Drive. He said small businesses are the lifeblood of a community and thought a farmers market is a good idea as long as local farmers are used and the money stays in the community. The City Manager explained there has been conversation about a flea market/yard sale/farmers market in the community and his office has been approached by a vendor who is in charge of some area farmers' markets that sells goods. He said his concerns are: do we want that kind of activity in Riverview Park, and do we want to host these events when we 3~ Regular City Council Meeting January 14, 2009 Page Eight already have vendors in town with hard capital expenses such as Mr. Timinsky. He requested direction for either putting out a proposal for an organizer with the City taking a part of the booth fees or have the City act as the organizer. The City Manager also pointed out it will be in a visible park, some folks will love it, there could be a variation of merchandise, and asked how Council feels about participants competing against local merchants. Mr. Wolff suggested a local organizer and holding the event at the Davis Street parking lot or the old Walmart. Mayor Gillmor and Ms. Coy said they were against a broker type organizer. Ms. Coy said she would like to start out on a smaller scale in the neighborhood parks and invite local businessman to bring their wares in a flea market type atmosphere. The City Manager asked for consensus to set up a flea market type activity with under 300 people in attendance. Cindy Falco, former member of the Parks & Recreation Committee, said the vendor gave a presentation to the Committee and explained he uses local merchants that grow and make merchandise from the earth; it should be held in a visible place; and it will benefit the community as a whole. The City Manager said he should have used the word organizer instead of broker. Mr. Wolff said all of the ideas are good ideas. Damien Gilliams suggested changing the residential code to allow for five hens in everyone's yard so we can have fresh eggs everyday and everyone can participate in the market. He said Council is on the right track, it should be in a visible spot with signs directing traffic to the spot. Mayor Gillmor said the crux is who will run it, organize it, and manage it. Ms. Coy offered to meet with the City Manager, come up with ideas, and report back to Council. Mr. Wolff suggested visiting the Palm Bay farmers market in the meanwhile. 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. The City Attorney read the title and explained that Council has already approved this element but the Department of Community Affairs is requesting this to be adopted separately from the entire comprehensive plan update, and it should be considered as a housekeeping item. MOTION by Vice Mayor Hill and SECOND by Ms. Simchick to pass Ordinance No. 0-09-01 on first reading and schedule the public hearing for January 28, 2009. Damien Gilliams noted that businesses do not separate so-id waste which is addressed in one of the comprehensive plan's elements. 3~ g Regular City Council Meeting January 14, 2009 Page Nine Result of the roll call: Ayes: All Nays: None Passed 5-0. 08.122/09.013 B. Consider Resolution of Support for Indian River Laaoon Initiative (City Clerk 11s-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. The City Minner read the title and said if adopted; it would be transmitted to our legislative delegation. Ms. Simchick said she neglected to request the resolution at the November meeting and it would beneficial to show support for this initiative. MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to adopt Resolution R-09-01 supporting the Indian River Lagoon initiative. Result of the roll call: Ayes: All Nays: None Passed 5-0. 09.014 C. 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) The Clerk explained it was up to Council if they wanted to adopt a resolution. Damien Gilliams said this is about educating the citizens about government and repeated his request for a citizen's academy. Ms. Simchick pointed out the boy and girl scouts were recently here, and said there was discussion about extending the citizens' police academy a few weeks to include city hall which maybe should be looked at again. The City Manager said citizen education is covered by the volunteers who man the front desk and our annual student government day. Mr. Gilliams suggested a student could sit behind the members on the dais. The Clerk offered to draft a resolution and put it on the next consent agenda. 09.015 D. Establish George Street Ditch Rehabilitation Project (City Manager Transmittal 129-134 Pictures The City Manager said he is asking to transfer funds for an unbudgeted project because the ditch has needed attention for quite some time. 39 9 Regular City Council Meeting January 14, 2009 Page Ten MOTION by Ms. Simchick and SECOND by Ms. Coy to extend the meeting passed with a unanimous voice vote. Mayor Gillmor called recess at 9:54 p.m. and reconvened the meeting at 10:02 p.m. All members were present. MOTION by Vice Mayor Hill and SECOND by Ms. Coy to approve the establishment of the George Street Ditch rehabilitation project by transferring $90,000 from the stormwater fund. Ms. Simchick asked that abs or reinforced concrete be requested in the bid process. Result of the roll call: Ayes: All Nays: None Passed 5-0. 09.016 E. Resolution No. R-09-02 Authorizing the Execution of a Joint Participation Agreement 135-164 between FDOT and the Citv 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. The City Attorney read the title. The Airport Director said staff is recommending a public/private partnership similar to the SheltAir situation. Ms. Simchick requested the RFP include a variety of hangars. Mr. Hill asked if a feasibility study was completed and if SheltAir will be involved. The Airport Manager explained that since SheltAir is interested in participating, they completed a feasibility study. In response to Mr. Wolffs inquiry about entities only needing $290,000 to apply, the Airport Director explained he will be recommending to the City Manager the best return for the money because the credit market will dictate the qualified aviation entity. The City Manager said the City will receive a franchise fee and lease money The Airport Director described where the RFP will be advertised and Mayor Gillmor asked if it would be in Aviation Week. The Airport Director said probably not as their rates were high. Ms. Simchick asked if there would be a performance bond and the Airport Director explained the winning entity would bid out the construction as part of the grant assurances. Mayor Gillmor pointed out that cone-time, expensive ad in Aviation Week might be worthwhile to attract the space industry. The Airport Director offered to look into such an advertisement. y~ ... Regular City Council Meeting January 14, 2009 Page Eleven George Skelzi, Collier Club, plane owner, said he was on a waiting list at one time for a SheltAir hangar and there is a need for more hangars. MOTION by Vice Mayor Hill and SECOND by Mr. Wolff to approve Resolution No. R-09-02 to authorize the execution of a joint participation agreement #416287-1-94-01 between FDOT and the City of Sebastian to construct hangars in the amount of $1,160,000. Result of the roll call: Ayes: All Nays: None Passed 5-0. 08.014/09.017 E. Review and Set Goals for Charter Officers in Accordance with Resolution R-07-31 ass-~~a (City Clerk Transmittal, R-07-31, Minutes Excerpts) At this point, there were only four minutes left of the meeting, and it was decided to carry this item forward to the January 28, 2009 meeting. Council requested that only the listed unfinished matters be carried forward on the next agenda. The City Attorney noted his new position leaves the code enforcement magistrate position vacant and asked permission to contact the other three magistrate finalists to see if they are still interested and set up interviews with the Clerk. Council agreed to the City Attorney's suggestion. The City Manager said the Little League would like to put up advertisements on the fence at the ball field. Council requested this be an agenda item to receive action. Being no further business, the Mayor adjourned the Regular City Council meeting at 10:30 p. m. 15. CITY ATTORNEY MATTERS 09.018 A. Process to Select Special Magistrate for Code Enforcement 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS -None 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 ~~ 11 Regular City Council Meeting January 14, 2009 Page Twelve E. Mayor Gillmor 09.022 i. Assignments of Council Members to Attend IRC Commission Meetings - 1~~ February through October (Meeting date List) 09.023 ii. Car Storage 19. Being no further business, Mayor Gillmor adjourned the Regular Meeting at Approved at the January 28, 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST.' Sally A. Maio, MMG -City Clerk 12 `~' cm or =r, ~~_~ ~- ~' j_ ~ _T ~ PEL[CRhI 15LAhID HOME OF City of Sebastian 1225 Main Street Sebastian, i°lor~da ~295~ Agenda No: ~;~ ~ 7 ~ ~~~ . LC~~7 Resolution No. R-09-05 -Meeting Proc dure mendment -Repealing Department Origin: City Clerk R-0 09 . ~.., ~` City Attorney:: ~=J_ ~ ~~..~=~~'" :~' :- ger Date Submitted: 1/16/09 For Agenda of: 1 /28/09 Exhibits: R-09-05 SUMMARY STATEMENT City Council, at its January 14, 2009 Regular Meeting, reached a consensus to amend its agenda format to 1) change moment of silence to invocation, 2) remove the civility pledge and 3) rearrange the agenda to put invocation before the pledge. Our procedures resolution allows moving agenda titles around without adopting another resolution but it does not provide for changing the headings or removing items without doing so. Resolution R-09-05 repeals R-08-09 in its entirety and effects requested changes in exhibit A. RECOMMENDED ACTION Adopt Resolution No. R-09-05. __ - ~~J ~~ RESOLUTION NO. R-09-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-08-09; 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 at its January 14, 2009 Regular Meeting, reached consensus to make minor adjustment to the order of the agenda, replace moment of silence with invocation and remove the civility pledge which amend exhibit "A" of R-08-09. 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 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 fhe 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. 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. 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. 3 `.~ Lr 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 hereby repealed, including Resolution No. R-08-09. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member was seconded by Council Member ,and upon, being put to 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 28th day of January 2009. CITY OF SEBASTIAN, FLORIDA By: Richard Gillmor, Mayor L~ 4 ATTEST: Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney ,~~, EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES Chi 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. 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 No public input under this heading 15. CITY MANAGER MATTERS No public input under this heading 16. CITY CLERK MATTERS No public input under this heading 17. CITY COUNCIL MATTERS No public input under this heading 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) Any provisions of this Resolution maybe suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record (Section 10) 6 f FIY OF ~:r ~ r_:J I ~~'-!~~ J~ J . , Y~ ` PEL[CAhI bW`!D HOME OF City of Sebastian 1225 Main Street Sebastian, Flo~•ir~a X2958 Agenda No: ~~ ~ , ~ ;~., Resolution No. R-09-06 -Support for Joini Sout lorida and St. Johns De artment Ori in: City Clerk ~~:6t~ p g Wate Man ment District Waterways am, City Attorney: ~° C~ a er Date Submitted: 1/16/09 For Agenda of: 1/28/09 Exhibits: R-09-06 SUMMARY STATEMENT City Council, at its January 14, 2009 Regular Meeting, at the request of Mayor Gillmor on behalf of the Indian River Citrus League and Treasure Coast Council of Local Governments, directed staff to bring back a resolution in support of the connection of South Florida and St. Johns River Water Management District waterways, which will be forwarded to appropriate agencies. RECOMMENDED ACTION Adopt Resolution No. R-09-06. 5~ C RESOLUTION NO. R-09-06 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE HYDRAULIC AND APPLICABLE PHYSICAL RE- CONNECTION OF THE CENTRAL AND SOUTH FLORIDA CONTRIL PORJECT, AS REPREESNTED PRESENTLY BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THROUGH A SERIES OF INERCONNECTED RESERVOIRS, STORM WATER TREATMENT AREAS AND CANALS WITH THE FORT DRUM MARSH AREA. WHEREAS, the United States of America in partnership with the State of Florida passed Congressional legislation through the Flood Control Acts of 1948 and 1954, titled the Central and South Florida Flood Control, Project and provided fro the construction and operations and maintenance of the developed project through a partnership of the United States Army Corps of Engineers and an Agency of the State of Florida, the Central and South Florida Flood Control District; and WHEREAS, in the 1970's, through the enactment of Chapter 373, the State of Florida, legislatively created the Five (5) Water Management Districts of the State of Florida, of which two of those legislatively create water management districts, are the South Florida Water Management District and the St. Johns River Water Management Districts; and WHEREAS, the South Florida Water Management District and the St. Johns River Water Management Districts were previously represented by one jurisdictional Agency of the State of Florida, the Central and South Florida Flood Control District headquartered in West Palm Beach, Palm Beach County, Florida; and WHEREAS, through this singular jurisdictional agency of the State of Florida, the Central and South Florida Flood Control District, as established by the United States Congress, constructed, operated and maintained a regional surface water system consisting of a series of canals, levees, pump stations and other facilities throughout the State of Florida and specific to the resolution in Indian River and St. Lucie Counties; and WHEREAS, through this legislative creation of the Water Management Districts of the State of Florida, the surface waster system of the Fort Drum Marsh lies in western Indian River and St. Lucie and eastern Okeechobee Counties, which was previously connected, are now physically disconnected, and previous Flood Control Act project designs and associated stormwater routing are now hindered from functioning as an effective regional system, thus limiting the options available for more effective surface water management for the multi-faceted benefits of environmental water quality and discharges, water supply, ground water recharge and flood control; and WHEREAS, in recognition of the potential benefits associated with this reconnection project, both the St. Johns river Water Management District and the South Florida Water Management District, contracted jointly for an engineering study to determine the feasibility and associated benefits with this reconnection project; and WHEREAS, the engineer's report on behalf of both the Water Management Districts concluded the proposed reconnection project and associated structural components would (i) be beneficial through the reduction of fresh water -stormwater discharges into the Indian River Lagoon, a protected national estuary; (ii) improve surface water storage and flood water routing, (iii) create positive ground water recharge; (iv) and provide a related decrease in ground water withdrawals; and WHEREAS, in consideration of the potential dynamics associated with climate changes in Florida as witnessed most recently by flooding associated with Tropical Storm Fay, and the multi- faceted benefits associated with improved surface water management through the construction and operations of a project as proposed, 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. The City Council supports the efforts of the St. Johns and South Florida Water Management Districts and other interested parties to move this regional water management project forward to a successful conclusion. SECTION 2. The City Council supports the physical reconnection of the St. Johns and South Florida Water Management Districts through the construction of a series of interconnected reservoirs, stormwater treatment areas, and canal systems within the Fort Drum Marsh Area to provide the multi- faceted benefits of improved water quality, water quality/flood control, reduced discharges into the Indian River Lagoon and improved regional ground water recharges. The foregoing Resolution was passed for adoption by Council Member ,and seconded by Council Member ,and upon, being put to 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 1 The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of January 2009. ATTEST: By: CITY OF SEBASTIAN, FLORIDA Richard Gillmor, Mayor Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 2 cer or Y ~ ? HOME Of PELIUh! I~LAhJD City of Sebastian 1225 (Main Street Sebastian, Florida 32958 Agenda No: ~~(, ~ ~ ~-~ Resolution No. R-09-07 -Support for Florida eague f Cities Building Citiee ship ' he Community Initiative Department Origin: City Clerk ° ,r_, /' City Attorney::' - ~~~~- ~~` ~,. ~ Ci ag Date Submitted: 1/16/09 For Agenda of: 1 /28/09 Exhibits: R-09-07 : K SUMMARY STATEMENT City Council, at its January 14, 2009 Regular Meeting, directed staff to bring back a resolution in support of Florida League of Cities Building Citizenship in the Community Initiative, which will be forwarded to Florida League of Cities. RECOMMENDED ACTION Adopt Resolution No. R-09-07. 5~ ~~) RESOLUTION NO. R-09-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. WHEREAS, a 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 the state, county, school district, and other government levels, educating Florida's citizens of all ages as to the structure and function of all levels of government, and how to be wise consumers of all services is therefore critically important; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and atl citizens about municipal government through a variety of different projects, resources and information; and 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 COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. The City Council of Sebastian does hereby encourage all citizens, city government officials and employees to utilize the opportunities and resources available through this initiative. SECTION 2. The City Council of Sebastian does encourage educational partnerships between city government and schools, as well as civic groups and other organizations. SECTION 3. The City Council of Sebastian does support and encourage all city governments to actively promote the "Building Citizenship in the Community:Back to Basics" initiative. The foregoing Resolution was passed for adoption by Council Member and seconded by Council Member ,and upon, being put to 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 5~~ ~~l ~~ The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of January 2009. CITY OF SEBASTIAN, FLORIDA By: Richard Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 2 ~~sT~i~N Subject: Airport Intern Grant Agenda No. ~q ~ ~ ~ ~! Department: Airport: Finance Director: '~ Ap rov or Submittal by: City Attorney: Al in r, City Manager City Clerk: ~'~~ Date Submitted: 01/21/2009 For Agenda of: 01/28/2009 Exhibits: 1. Internship Grant Application; 2. Internship Grant Agreement; 3. Resolution R-09-08 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $-0- $-0- REQUIRED: $-0- L SuMivlaxY In November 2008, a Florida Institute of Technology (FIT) graduate student volunteered as an unpaid intern at the airport. Mr. Camille Junet has been assisting the airport manager since November on various issues. Recently, it was brought to airport staff's attention that the Florida Airports Council (FAC) is offering an "Internship Grant Program" to qualified interns. Sebastian Municipal Airport is a member of the Florida Airports Council. Because of these facts, airport staff applied for, and was awarded, the grant. The grant is a $5,000 grant for salary, living/housing, and commuting expenses. Since Mr. Junet is an unpaid intern, application was made for the grant citing his living/housing and commuting expenses. This grant will cover Mr. Junet's service to the airport through May 15, 2009. RECOMMENDATION Move to approve Resolution R-09-08 authorizing the execution of Florida Airports Council Internship Grant Agreement for Sebastian Municipal Airport No. 09-05. (5q~ ~~ Florida Airports Council ~~~~~- Internship Grant Program ~'~ ~`"~~~~ Application for Grant - 2009 FAC's Internship Grant Program will provide funds directly to a member airport for development and management of an internship program at that airport. Maximum grant funds shall not exceed $5,000 per year per airport and shall be used for direct wages and/or to cover the intern's living expenses during the Internship period. Interns must not be related to any member of the airport management or authority. The exact amount awarded will be determined by the FAC Board of Directors. Supervision of the intern will be the responsibility of the airport management. A Final Report will be required from the intern upon the completion of the internship so FAC can continually assess the benefit of the program. The applicant (airport) will be required to provide a financial report at the end of the internship detailing where funds were expended. Grant funds will be provided, as follows: 50% upon execution of the Internship Grant Agreement, and (up to) 50% after completion of the internship and submittal of the intern's final report and airport's financial report. FAC will not reimburse the airport for more than the actual cost of the internship. APPLICATION • Name of Airport (Applicant): SEBASTIAN MUNICIPAL AIRPORT • Airport Contact: Joe Griffin, Airport Director • Contact Information Tel: 772-228-7013 E-mail: jgriffin@cityofsebastian.org • Is the Airport financially self sustaining (circle) Y • If not, provide an estimate of dependence on other funding sources Airport is approximately 70% dependent on external sources. • Reason for requesting financial assistance for an intern Airport has very limited capability as to administrative staffing. There is only an airport manager and two (2) maintenance workers on staff. There is a severe need for administrative, planning, and technical support. 1 • What duties/projects will the intern be expected to provide. Day-to-day administrative support, research on upcoming projects, financial projections on lease proposals. • How long will the internship last (provide approximate beginning and ending dates) January 15, 2009 through May 15, 2009 • How many hours will the intern be expected to work per week 30 hours per week • Who will directly supervise the intern (name, job title, telephone number) Joe Griffin, City of Sebastian Airport Director, 772-228-7013 • Will these funds be used for: Salaries, Housing/Living Expenses, or both? (Explain) This is an unpaid salary position. Requested funds will be used for housing and living expenses, and commuting costs. • What is the proposed hourly rate of pay to the intern? This is an unpaid salary position. • How much of the grant will be given to the intern to cover housing/living expenses? 100% What is the total amount of this request? 5 000 The FAC Board will determine the airports that will receive grants for 2009 and the amount of grant for each recipient. If additional information is needed by the Board, a representative of the committee or FAC staff will contact you. If you have any questions or need additional information regarding this program, contact FAC at (850) 224-2964. Thank you for the opportunity to apply for this grant. Joe Griffin City Of Sebastian Airport Director ~ ~ ~ l?~~ 2 ~L~.,~I~yZ~~ flIYtPO.RT9 COIINCIG INTERNSHIP GRANT AGREEMENT FOR SEBASTIAN MUNICIPAL AIRPORT No. 09-OS This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida Airports Council (the Council), 250 John Knox Road, Suite 2, Tallahassee, FL 32303 and the City of Sebastian, Florida, (the Recipient) owner of Sebastian Municipal Airport. Recitals The Council awards Internship Grants to FAC member airports to help provide work experience for students interested in pursuing careers in airport management and to provide a workforce for Florida's airports. Grants in amounts of up to $5,000 are awarded to airports that demonstrate a willingness to employ and supervise an Intern as well as demonstrate the need for financial assistance. To qualify for this grant, the Intern must be attending, or recently (within one year) graduated from, a college or university with an emphasis on airport/aviation management, operations, or aclosely-related field and unrelated to any member of the airport management or authority. Exceptions to this policy may be made, from time to time, at the discretion of the FAC Board of Directors. Selections are made on a non-discriminatory basis. The Council has reviewed the application submitted by the Recipient, and has agreed to award a grant, up to $5,000, to the Recipient. 1. Duties of the Council The Council agrees to provide a grant, not to exceed $5,000, to Recipient to employ an intern at Sebastian Municipal Airport in the winter/spring of 2009. This grant shall be used to pay the Intern's salary, and/or to assist with housing and transportation expenses during the internship period. The grant will be issued to the Recipient and not directly to the Intern. The Intern is not an employee of the Florida Airports Council and the Council is not responsible for supervision of the Intern. 2. Duties of Recipient The Recipient agrees that in addition to providing staff assistance for the airport, the purpose of the grant is to provide on-the job experience for the Intern. The Recipient is responsible for providing direct supervision of the Intern at all times. ~, The Recipient agrees to provide a financial report at the end of the Internship indicating the following, as a minimum: • Student's Name and school attending • Start and end-dates of the internship • Hours worked per week • How all grant funds were expended This report shall be provided to the Council no later than 30 days after the internship has been completed. The Recipient must require the Intern to write a report at the end of the internship period, indicating the following, as a minimum: • Details of work assigned each week of the internship • Work accomplished • Any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Council no later than 30 days after the internship has been completed. 3. Distribution of Grant Funds Two thousand, five hundred dollars ($2,500) will be awarded upon execution of this Agreement and the remainder of the grant will be awarded upon completion of the internship period and submittal of the required reports by (1) the Recipient, and (2) the Intern. If the Recipient does not utilize the entire amount of the approved grant, the appropriate reduction will be made by the Council to the final grant distribution. FLORIDA AIRPORTS COUNCIL RECIPIENT William R. Johnson Executive Director Date: By: Title: City of Sebastian Date: ~ ~ ~ ~~ RESOLUTION NO. R-09-08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERNSHIP GRANT AGREEMENT WITH THE FLORIDA AIRPORTS COUNCIL TO PROVIDE FUNDING FOR AN AIRPORT INTERN; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Airports Council has agreed to provide funding for an intern 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 INTERNSHIP GRANT AGREEMENT for SEBASTIAN MUNICIPAL AIRPORT No. 09-05 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 28tH day of January, 2009. C G-5 CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Robert Ginsberg, Interim City Attorney ~~ vn< ~ -' r' ~ i (' ,i .~ c~ r F#~ME OF PE(.6CAN 15i11NU AGENDA TRANSMITTAL Subject: Agenda No. ~ ' mily Neely Settlement Department Origin: Cit ana er City Clerk: A ve r ubmittal by• Finance: /J~ ate Submitted: 22 JAN 009 I i er, t M r Robert Ginsbur , Ct EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $2, 500 $10, 000 i $0 SUMMARY In November 2004, Emily Neely (Sebastian Police Department Dispatcher) was terminated from employment. Collective bargaining processes for termination were followed by the City. Subsequently, Ms. Neely filed suit against the City for hostile work place and other claims, demanding damages in the amount of $100,000. This case is being handled by the City's general liability carrier, Florida League of Cities, with the City Attorney monitoring its progress. The case was set forjury trial during the week of January 19, 2009. In advance of trial, the City filed a motion for summary judgment, which was denied, and the case proceeded to mediation. A proposed settlement was reached Friday evening, January 16, 2009, upon these terms: 1. $2,500; and, 2. Recognition that Ms. Neely's personnel file show "insubordination" as the cause of termination. In order to limit the City's exposure and to provide a favorable resolution to this litigation, both the City Manager and City Attorney recommend the settlement terms. Upon Council approval, we will seek a court order to effectuate the settlement. RECOMMENDATION Move to approve settlement. ~~ ~~ Subject: Purchase Airport Grader Agenda No. ~~ ~ Z Department: / , ~""' Airport: Finance Director: -~ Approved or Submittal by: City Attorney: Al inn City Manager City Clerk: <.~i~_ Date Submitted: 01/21/2009 For Agenda of: 01/28/2009 Exhibits: 1. Invitation to Bid; 2. Ring Power Corp. Bid; 3. Flagler Construction Equip. Bid EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $80,000 $91,013.24 REQUIRED: $-0- SUMMARY On October 31, 2007, a Joint Participation Agreement (JPA), 418165-1-94-01, was executed between the City Of Sebastian and the Florida Department of Transportation (FDOT). That JPA provided for the acquisition of Airport Maintenance Equipment. The purpose of the grant request, and subsequent transmittals to council, was to alleviate pressure on city public works in borrowing equipment for airport projects. The purchase of a Grader will complete the acquisition of `heavy' equipment for the airport making it more self-sufficient for construction projects. Exhibit 1 is a copy of an "Invitation to Bid" that was published by the City Of Sebastian. The bid closed at LOAM on January 20, 2009. Two bid packages were received prior to the closing time/date. Exhibit 2 is the bid from Rin Pg ower Corporation of Riverview, FL. Their bid was $110,066. Exhibit 3 is the bid from Flagler Construction Equipment of Davie, FL. Their bid was $80,000. Obviously, the Flagler bid was the best and lowest price proposal. In addition, U.~ ~~ analysis of the bid packages indicates that the Flagler entry more closely meets the specification requirements of the airport. Airport staff believes the Flagler entry provides the best value choice for an airport grader because of price and specification requirements. RECOMMENDATION Authorize the purchase of a Grader from Flagler Construction Equipment for $80,000. ~i n~ ~. ~ ~ ' ~t :: ~., . ~r ~~~ r"~~~I.~~lf~.iP,~L ~[RF~~f~T NOTICE OF INVITATION TO BID SEALED BIDS FOR A LICENSED FIRM TO FURNISH AND DELIVER A SMALL COMPACT GRADER, WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, IN THE OFFICE OF THE AIRPORT DIRECTOR, 202 AIRPORT DRIVE, EAST, SEBASTIAN, FLORIDA 32958, UNTIL 10:00 A.M. ON TUESDAY. JANUARY 20 2009. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: COMPACT/SMALL GRADER OPEN: January 20, 2009 na 10.00 AM The Sebastian Municipal Airport is seeking bids from licensed firms to furnish and deliver aCompact/Small GRADER to the Sebastian Municipal Airport located at 202 Airport Drive, East, Sebastian, Florida 32958. The Vendor shall be properly licensed, and shall show Proof of Insurance to conduct its business, with all licenses, permits and certificates as required by all local, State of Florida, and Federal agencies. Vendors interested in submitting a bid may pick up or request a bid package from the Office of the Airport Director, (772) 228-7013. All bid items shall conform to the Bid Documents in their entirety, and no bid shall vary from the Bid Documents unless specifically approved in advance in writing by the City of Sebastian. Any bids received without Bid Proposal Form, at the City's sole discretion, may be considered incomplete and immediately disqualified. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. Questions concerning the bid should be directed to: Mr. Joe Griffin, Airport Director, City of Sebastian; (772) 228-7013. Bids duly submitted will be publicly opened and read aloud at the time and date first specified above, in the Office of the Airport Director, 202 Airport Drive, East, Sebastian, Fl 32958. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non-substantial irregularities. J. Grim, Airport Director City of Sebastian ~3 _ -_~. .. ?~1~aNf~IP~L ~IRPL'~~T CITY OF SEBASTIAN AIRPORT EQUIPMENT BID 09-01 COMPACT/SMALL GRADER SPECIFICATION FOR GRADER 1. Compact/Small GRADER 2. 60 HP to 150 HP turbocharged diesel 3. Minimum 10'moldboard with power angle, tilt, sideshift, raise/lower, and float 4. Front lift group w/minimum 1.0 cy bucket 5. 12 volt electrical system 6. Minimum electronic gauges: tach, fuel, hour, volt, temp, and oil pressure 7. All-wheel drive with high/low range selection 8. Work lights 9. Rear attachment group w/scarifier 10. Warranty: minimum 1 year, l 500 hours ~~` /-z ~`_ ~'~11~N[~IP~L ~I~P~~RT CITY OF SEBASTIAN -AIRPORT EQUIPMENT BID 09-O1 Compact/Small GRADER BID PROPOSAL PRICE After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Invitation to Bid, I the undersigned hereby propose to furnish and deliver a GRADER in accordance with strict conformity to all requirements and specifications. The following bid proposal meets and or exceeds specifications as set forth herein. GRADER: $ By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (I S) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above stipulated price. Authorized Signature Firm Name & Address Printed Name Title Phone Number Date Signed 151 Page 1 cf 1 !-.3 ~'1~`j+~ MI.INICIPAL AIRPORT NOTICE OF INVITATION TO BID SEALED BIDS FOR A LICENSED FIRM TO FURNISH AND DELIVER A SMALL COMPACT GRADER, WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, IN THE OFFICE OF THE AIRPORT DIRECTOR, 202 AIRPORT DRIVE, EAST, SEBASTIAN, FLORIDA 32958, UNTIL 10:00 A.M. ON TUESDAY JANUARY 20 2009. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: COMPACT/SMALL GRADER OPEN: January 20. 2009 (a710.00 AM The Sebastian Municipal Airport is seeking bids from licensed firms to furnish and deliver aCompact/Small GRADER to the Sebastian Municipal Airport located at 202 Airport Drive, East, Sebastian, Florida 32958. The Vendor shall be properly licensed, and shall show Proof of Insurance to conduct its business, with all licenses, permits and certificates as required by all local, State of Florida, and Federal agencies. Vendors interested in submitting a bid may pick up or request a bid package from the Office of the Airport Director, (772) 228-7013. All bid items shall conform to the Bid Documents in their entirety, and no bid shall vary from the Bid Documents unless specifically approved in advance in writing by the City of Sebastian. Any bids received without Bid Proposal Form, at the City's sole discretion, may be considered incomplete and immediately disqualified. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S, Questions concerning the bid should be directed to: Mr. Joe Griffin, Airport Director, City of Sebastian; (772) 228-7013. Bids duly submitted will be publicly opened and read aloud at the time and date first specified above, in the Office of the Airport Director, 202 Airport Drive, East, Sebastian, Fl 32958. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non-substantial irregularities. J. Griffin, Airport Director City of Sebastian ~~~_ ~1G+ MUNl~IPAL AIRPORT CITY OF SEBASTIAN AIRPORT EQUIPMENT BID 08-01 COMPACT/SMALL GRADER SPECIFICATION FOR GRADER 1. Compact/Small GRADER 2. 60 HP to 150 HP turbocharged diesel 3. Minimum 10'moldboard with power angle, tilt, sideshift, raise/lower, and float 4. Front lift group w/minimum 1.0 cy bucket 5. 12 volt electrical system 6. Minimum electronic gauges: tack, fuel, hour, volt, temp, and oil pressure 7. All-wheel drive with high/low range selection 8. Work lights 9. Rear attaclnnent group w/scarifier 10. Wan-anty: minimum 1 year, 1500 hours ~~ Z-Z MUNICIPAL AIRPORT CITY OF SEBASTIAN -AIRPORT EQUIPMENT BID 09-01 Compact/Small GRADER BID PROPOSAL PRICE After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Invitation to Bid, I the undersigned hereby propose to furnish and deliver a GRADER in accordance with strict conformity to all requirements and specifications. The following bid proposal meets and or exceeds specifications as set forth herein. GRADER: $ 110,066.00 LeeBoy 6858 By the signature affixed below, the vendor agrees that this bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose, and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, I agree to execute/enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated her ~ with the City of Sebastian, for the above stipulated price. Alan Thomas Authorized Signature Printed Name Rinq Power Corporation Firm Name & Address 10421 Fern Hill Dr. Delivery Time -approximately 120 days. Page 1 of 1 ~~ VP /Governmental Sale Dir for Title 813-865-2214 Phone Number Date Signed 01/12/2009 2-3 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Ring Power Corporation does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a. controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that maybe imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to any violation of Chapter 1893 or of any controlled substance Iaw of the United States or any state, for a violation occun-ing in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee ~~~ho is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, 1 certify that this firm complies filly with the above requirements. Date: 01 /12/2009 Signature ~~ 2''f PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed forn sworn statement under section 287.133(3)(x), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the spaces} provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the fornl are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fi-aud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no .public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed fi-bm the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October ], 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to 'I'1-iE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF TIIE SWORN STATEMENT OR AI+FIDAVIT SHALL BE SUBIVLITI'ED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUI\~IENTS NON-INCLUSION OF TI-IIS DOCUMENT NIAI' NECESSITATE REJECTION OF YOUR QUOTE OR BID 2-i WORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Agreement No. Compact/Small Grad r for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Ring Power Corporation (llatlle Of entity submitting sworn statement) whose business address is 10421 Fern Hill Dr., Riverview, FL 33578 and (if applicable) its Federal Employer Identification (FEIN) is 59-0934246 (If the entity has no FEIN, include the Social Security Niunber of the individual signing this sworn statement: 3. My name is Alan Thomas (please print name of individual signing) and my relationship to the entity named above is VP /Governmental Sales Director 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in v~y federal or state trial cow-t of record relating to charges brought by indictment or information after 7uly 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. I understand that an "affiliate" as clefned in Paragraph 287.133(1)(x), Florida Statutes, means: (1) A predecessor or sl.~ccessor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. ~~ 2-6 The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) x Neither the entity submitting this swore statement, nor any officers, directors, executives, partners; shareholders, employees, members, or agents who are active _in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings, The final order entered by the hearing officer clicl not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Achninish-ative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) ~~1 2-? The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) Date:_ 01/12/2009 STATE OF FLORIDA COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 12th day of .larniar~ , 2009 by Alan Thomas , VP /Governmental Sales Director (title) on behalf of Ring Pnwpr C:nrpIILatl071 (name of partnership), a partnership. He/s11e is personally known to me or has produced as identification and did Odid not ('take an oath. 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Ca N, n ~ ~ ~ ~ ~ N ~~ ..o.~a off, ~i ~coi~~.mm L ~3ycm'W o m N a O 2 C F3aJ m o ~ ~ m ~ m m_~.sm a 3~'~~°mo a O S a J O N » ~ ~' a< ~ m O ~ m m ? ~ a n n ~ m `~ _. o ~ J O) N N _ t0 J lD N p 01 ~ m '^~ -~ N 0 ~ J c a p s J J~ jFx,j3~°`~,» m m m o a m f'o m e ~ - m uyma~caaQ m `~~° ~ y a`D ~ v~ .~ a ~ < ~ ~ ~ m m n a J y m m r N QNV cs~m. ffi ~ c,~ a ~ . m ~`°~a C] O m ~~ P~9 ~~~ G -~ ro =w _- .C 55 f/' e 01!02/2009 10:06 7722287078 COS AIRPORT ADMIN MI~NI'ClPfil. A~F. WORT NOT)<CE O)F )(NVITA'~'ZON TO BID SEALED BIDS FOR A LICL•NSFD FIRM TO FURNISH AND DELIVER A SMALL COMPACT GRADER, WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1N THE OFFICE OF THE AIRPORT DIRECTOR, 202 A.,T.,RPORT DRIVE, EAST, SEBASTIAN, FLORIDA 32958, UNTIL 10:00 A..M. ON TUESDAY JANUARY 20 2009. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BAD: COMPACT/SMALL GRADE)<t OPEN: Janusarv 20, 2009 (~ X0.00 AM The Sebastian Municipal Airport is seeking bids from. licensed funs to furnish. and deliver aCompact/Stnal.l GRADER to il~e Sebastian Municipal. Airl~oxt located at 202 Airport Drive, East, Sebastian, Florida 32958. The Vendox shall be propexly licensed, and shall sla.ow Proof of .I.n.aurance to conduct ils business, with all licenses, pextxtits and cErti$cates as xequi.red by all local., State of Florida, and Federal agencies. Vendors interested in submitting a bid ma.y pick up or request a bid package from the Office of the Airport Director, (772) 228-7013. All bid items shall conform to the Bid Documents in their entirety, and no bid shall. vary fxom the Bid Docutt~ents unless specifically approved in advance in writing by the City of Sebastian. Any bids xeceived without Bid. Proposal Forte, at tl~e City's sole discretion, may be cousidered incomplete and immediately disqualified. Any perso~.~. or. affiliate who has been placed on the convicted vendor list followit~.g conviction for a pltblic entity crime ..m...ay not submit a bid as proscribed by Section 287.1.33, F.S. Questions concerning the bi.d sltou.ld be directed. to: Mr. Joe Gri:Cfit~, Airport Di.rectox, City of Seba.9tan; (772) 228-7013. Aids duly subtxtitted will be publicly opened. and read aloud at the time a.nd d.atc first spccif ed above, in the Q~f(i.ce of the Aitpott Director, 202 Airport Drive, East, Sebastian, Fl 32958. The City reserves the right to reject any and all bids, o.r to accept any bid or portion thereof deemed to be iti the best interest of the City, anal to waive any tioai-substantial i.txegulaxities. J. Griffin, Airport Director City of Sebastian PAGE 02/09 ~~ ~x~~e.T 3- / 01/02/2009 10:06 7722287078 COS AIRPORT ADMIN PAGE 04/09 ~~ ~ "~ ~}Il~t!'MIRx ~ ~ ` ~ ~ yC~,'r1~.m~wifiY.t~114jAi.,, j'. "','f'IrR~ ~+~,^.' SAY '.,, •^r /~ ,,..' ,. M o, , ~ ., ! h iL CITY OF SEBQ,STIAN - AIRPORT EQUIPMENT BID 09-01 Compact/S.m.al.l GRADER B1<D PRpPOSA,L PRICE .After having examined, all specifications, Contract/Agreemett I)ocumcnts, and. othet~ docuixxents relative to the Invitation to 13id, I the undersigned hereby propose to furnish and deliver a GRADER In accordance wi.tla strict conformity to all. requ.ircments and specificat7otas. Tb.e followiti.g bid. proposal t~.eets at~d or exceeds specifications as set forth herei».. GRADER: j~11 j~u L~tN ~13XT $ ~0 0 d d - By il>,e signatuxe affixed below, tl~e vendor agrees that this bid is xna.de without atxy other understandtrxg, agreement, or con.ttecti.on with any person, coiporatiou, ox firm subrrtitting a bid for the same purpose, and that tl~e bid is in a.ll respects fair and wi.tl~ou.t collusion or fraud. If awarded this bid., I agree to execute/entex into said agreement within (15) consecutive calendar days notice by tlae City, and agree to all the terms at~d conditions of a.ll doe t,5 t crc'n, with the City of Sebastia.u, .fox the above stipuJ,ated price. ~~NAcI.D L. ~A~M~t~R.DN~R Au.th ~ ~ xe Primed Name Fi.t7n Natile & Address ~~rN ~H ~~N1ht~ER Title .~. 520 ~~t~s ~ ~a~~ ~~~~e ~ ~3~t~E Page 1 of 1 asp sic ~-~~~ Ph.o.n.e Number Date Signed ~~~ j ~ p ~ 3-~ b~ 01/02/2009 10:06 7722287078 COS AIRPORT ADMIN PAGE 05/09 DRUG-F~)C WORKPLACE FOR1V1 The undersi.g:ned Contractor, i,t~. accordance with T'lorida Statute 287.087 hereby certifies that jr'Ll~is~i~R G~aj'T"it'Jc~ot~ G(,~U1`~MCN ~ I,LG does: 1. Publish a statemeti,t taoti'fying employees that t11e uttlaw:fiil rrzanu,facture, distribution., dispensing, possession, o~~ use of a controlled substance is prohibited in the workplace and specifying tl~e actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the datlgers o.f. dnig abuse in the workplace, tl~e business' policy of maintaining a drug free workplace, any avai.lab.le drug cou.nselin.g, .rehabilitation, employee assistance prograaxts and the petialti.es that ~xtay be imposed upon employees f or drug abuse violations. 3. Give each employee et~.gaged in providing the commodities or contrachal services that azc under bid a copy of the statet~aent specified in Pa.ra.gxaph 1. 4. Ttl the statetr.ettt specified in Paragraph 1,, z~,oti.fy the e»a.pl.oyees that, as a condition of workyng on the comrnoditics or contractual setvicestliat the employee will abide by the teens of the statement and will notify the employer of any conviction of, ox plea of guilty or nolo contendcre to arty violation of Chapter 1893 or o!' any con.trol,led substance law of the United States or. any state, for a violation occurring in the workplace tto .later than five (5) days after such cotlvicti.on. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance o.r rehabilitation program if such. i.s avallabl.e i.z~, the employee's community, by ~y employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace tb.rou.gh i,mplernentatiot~ of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies ful.ty with the above requirements. i Tate: E ~ x(109 Signa e ~~ 3-~ 01/02/2009 10:06 7722287078 COS AIRPORT ADMIN PAGE 06109 PUBLIC ENT)<TX CRIMES FORM Any person submi.ttin.g a. quote, bid, ox proposal in response to this invitation or A.gxeement, must execute lbe enclosed form sworn slate~nez~t under section 287.133(3)(x), FLORIDA ST~TUTCS, ON PUBLIC ENTITY CRIIvIFS, includiarg pxopex check(s), in the space(s) provided., and enclose i1 with. ltis quote, b.id, or proposal. If you are submitting a. quote, bid or proposal on behalf of dealers or suppliers who will ship commodities at~d receive paytnezit from the resulting Agreement, it i.s your responsi.bi.J.ity to see that copy(ies) of the form axe executed by thez~z a.nd are i.~aclu.ded with your quote, bid, or proposal. Corrections to the form will not be allowed a;fte.r the quote, bid, ox proposal openizzg time and date. Failure to complete this form in every detail and subir.it it with your quote, bid, or proposal may xesult in. immediate disqualif cation o'~ your bid or proposal. The 1989 Florida. Legislature passed Senate Bill 458 creating Sections 287.1.32 133, Florida Statu,tcs, effective July 1, 1989. Sectiozl 287.132(3)(cl), F.loxida Statues, requires the Floxid.a Depart7netlt of General Services to .m..aiz~tain and make available to other political entities a "eo~avicted. vendor" list consisting of pexsons and affi.l.iates who are disqualified from public and. purchasing process because they have been fouu.d guilty of a public entity crime. A public entity crime is described by Section 287.133, Floxid.a Statutes, as a violation o:(' airy State or Federal law by a person with respect to and. directly .rela.ted to the transaction of: business with any public entity iii Fl.oxida or with air. agency or political subdivision of any otllex state or with the United Slates, including, but not limited to, any bid or Agrcctnenl :fox goods or. sexvices to be provided to any public entity or with an agency or political subdivision. a~a.d involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or m.ateri.al txtisrepxesentation. By law no public entity shall accept any bid from, award any Agreement to, ox transact any business in. excess o:f the threshold amount proviclcd in Section 287.017, >?lorida Statutes, fox categozy two (currently $10,000) with any person or a'fC7',li.ate on the convicted vez7.dor, l.i.st 'for a period of 36 z~.oz~tla.s froztt. th.e date that person or aff,l.iate was placed on the convicted vend.ox list unless that persoai or a:Cftli.ate has been rcnioved from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into 1n Agreement (I'oxi~al Agreement or purchase order) in excess of the llu•cshold amount al' $10,000 to provide goods or sexvi.ces to TFIE CITX OF SEEASTIAIV, a person shall file a sworn statement with the ContractlAgreement officer ox Purchasing Dixector, as applicable. ~'lte attached statement or affidavit will be the •form to be utilised at~d. must be properly signed in the presence of a notary public or other of6cex autl.~.oxized to adtrzinister oaths and propexly executed. T)(IE INCLUSION OF THE SWORN STA.T)GMT+;NT O)<2 A + +IDA'VIT SHALL BI'; SUBMITTED CONCURRENTLx W)<TJ~ XOUR QUOTE OR B><D DOCUMENTS NON-INCLUSION OaF TI-T,f.S DOCUIVIENT M,AY N.F.CESSi'><',A.TI•r REJECT1rOly OF XOUI~ OUOTE OR B><D. ~~ ~~ 1/02/2009 10:06 7722287078 COS AIRPORT ADMIN PAGE 07/09 SWORN STATEMENT UND1/R SECTION 287,133(3)(a.), FLORIDA STATUTES, ON PUBL,I,C rNTITY CRIM._FS TIiIS FORM lV~ILTST BE SIGNED IN THE PRESENCE O)C+' A NOT.A,RI' I'UBL)(C OR OTHER OX+"F><CER AUTk)(ORJ<ZED TO ADM,TN1iS'>C'1CR OAT)~TS. This Swnrn s1~ai~ement is submitted wii]~. Ri.d, Pxoposal or .A.grcexnent No. ~ ~ - ~ ~ for TIIE CITY OF SEBASTIAN. 2. This sworn, statement is qubtnitted by ~LhGL~,R_ C,ous'Ctt'v~-t~~o' E6tiveP(act3 ~ Lo,C, (i~a.ine submitting wona statement) whose business 52~~ ~EEsI; ~o~~ , 17A~~ty ~. 333~~ applicable) its 1,~ • o 0'2 q 83 L Number of the 3. 1Vly Federal. Fmployex .Identification. (FI:IIV) is T (If the entity leas no FEIN, include the Social Security individual. s.ignhtg this swol.7i. statement: .) ~.~arx~e is IIo1J14L`~ L. `~~rw6/~~~j~(~'R of. individual signing) and my relationship to the entity n.. .. _ ,. ~- , of entity address is (please pri~at ned above is 4, I understand that a "public entity crime" as dcrned in Paragraph 287.133(1)(8), Florida Statutes, meaa~s a violation of any state or federal. l.aw by a person wi.tlt respect to and. directly related to the transaction of business w.itl~. any public entity or with an agency or political subdivision of any other state or with. the United States, including, but not limited to, an.y bid or A.greexnent for goods or setvi.ces to he pzovided to any public entity or an. agency or politi.ca.l subdivision of any other state or of the United States a.nd involving antitrust, fraud, tlie:('I, bxibery, collusion, xa.clcetcering, eonsp.iracy, or n~IIteri.al misrepresentation. T understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida. Statutes, means a finding of guilt or a convi.cti.on of a public entity crime, with or wilhout aar adjudication o:F guilt, in any federal or state trial court of record relating to charges brougl.~t by .indictment or information after July 1, 1989, as a result o1' a jtuy verdict, tlonjury trial, or entry of a plea of guilty or nolo contendere. 6. i tut.derstan.d that an "affiliate" as clcfncd. in Paragraph 287.133(1)(a), Floxida Statutes, .means: (1) A prcd.ecessor. or successor of a. person convicted of a. public entity crime; or (2) An entity u~.~der the control oP any na.tuxa.l person who is active i.n the management of the entity and. who has been convicted of a public entity crime. ~~ and (if 01/02/2009 10:06 7722287078 COS AIRPORT ADMIN PAGE 08/09 The tens, "af,.f ]gate" includes those officers, directors, executives, partners, shareholders, employees, zneznbers, arid. agents who arc acl:ive in the management of an affiliate- The ownership by orle person o;f shares constituting a. con.trvlling interest in, ai~.other person, or a pool,i.n.g of equipment or income among pet•sons when not for fair n~.arket value under an. ~uxn's length. agrcemertt, shall be a pri.lna facie case that on.e person controls a~~oth.er person. .A. person who knowingly enters into a joint vertturc with a person w.lzo has been convicted of a public entity cri.rne in T'lorida during the preceding 36 m,or1111s shall be considered. an affiliate. 7. I understand: that a "person" as defrncd, in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organi.~ed under tl~c laws of any state or o'f the United. States with the legal power to enter into a bin.di.ng Agreement and which. bids or applies to bid on Agrecmerts for the provision of goods or services let by a public entity, or which otherwise transacts or appl.i.es to transact bus.i,ness with a public entity. The term "person" i,nclud.es those officers, dixccto.rs, executives, par.-tncrs, shaxcholder's, employees, members, anal agents wl~.o are active in management o'C an entity. 8. Based on information. aiad belief, the statement which .I Dave marked below is true in relation to the entity submitting this sworn statement. (Please indicate whiel-r statement applies.) `~ Neither the entity submitting this sworn. statement, ti.or any o;fJ:i.cers, directors, Executives, partners, shareholders, em.pl.oyees, members, or agents who are active in management o;f file entity, nor any af£.tliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. Tl~e entity subm.i.tting this sworn staterxlter7.t, or one or more of the ol"f.cers, di.recto.rs, executives, partners, shareholders, euployees, rnembers or agents who are active i.n managenie.tlt of the entity, o.r arl afrliate of th.e entity has been charged with and convicted of a. public entity crone subsequent to July 1, 1989, A.ND (Please indicate which additio~~a1 statement applies.) There has been a. proccedi.»g coicerr~ing the conviction before a het~.ring officer of tl~e State of Florida, 1ivision of Administrative Hearings. The final order entered by the hearing officer dial riot place the person or affiliate on the convicted. vendor l.ist_ (Please att~ich << copy o~f the h_rra.l order.) The person or affiliate was lal~iced on the convicted vendor .fist. There has been a subsequent proceedi.ri.g be(o.ec a. hearing officer o1' flee State of .Florida, Division of Admirristrativc Hearings- Tl.~,e final order entered by the hearing officer detcrmizaed that it was in the public irlterest to remove fire person or affiliate from the convicted. vendor list. (Please attach. a copy of the final. order.) q1 3-~ 01/FJ2/2009 10:06 7722287078 COS AIRPORT ADMIN PAGE 09/09 The person ox a.~liate lies not been placed on the convicted vendor list. (Please describe arty action taken by or pe»ding with the Department of Ge~lexal Services.) (Signature) Dale: ~~~y ~ Zv~~ STATL OF FLORIDA COUNTY OF ~ I C~L~~G~.~'L~ _ The foregoing instrument was acknowledged befoxe me this ~ day o~ 2009 by ~~~ ~d ~Ll Ik.fYYl~~ i' i~l ~ ~ , < r ~ c, ~; ~- (title) on ehalf of ~~ (,~ ~~t' ('' ~ (t1~ui~.e of pari:nersliip), a partncrshi: -Ie she is ersonal~y ).vzoum' o ` e or has pxod.u.ced a.s icientif.cation and did () i. not (~ take an oath. -_~~. ~`"`~"~ WENDY R. RQMANO ~ ~' Notu~r Public - 6tate of Florida M1~Cornm: Expires Aup 31, 2012 '. ' Commission # DO 812173 µ 9onded TAro~h Ni~lon>tl Notup A=tn. Natr~c: C~l,~~ My C:on~n~issionL pires: Coanrt~issiu~i Nurnber:~1 ~x 01-14-`09 12:22 FROM-TO~1td OF DAVIE 9547971204 T-32~ P001/001 F-625 OL1i0I01 Town of Davie 1/14/09 License Master Inquiry 10:34:SS Business Control nbr 16429 License number _ 09 D0020276 Last activity: Fin numbex' 0087 Updated: 01/14/09 by ERAMIREZ Business name & address Ma~.ling address FLAGLER CONSTRUCTION EQUIP - MBNT TNC 52.0 RBBSE RD 4700 MILLENIA BLVD #500 DAVIE FL 33314 ORLANDO FL 32839 Classification 15950 RETAIL/WHOLESALE/JOBBER Exemption applied , License status, date ACTIVE 10/20/08 Appl, issue date 10/14/08 10/01/08 Expiration, valid thru 9/30/09 9/30/09 Gross receipts amount 850000.00 Date renewal printed Date printed, reprinted 10/20/08 1/13/09 Frior license 08 00020276 Municipal code reference Press'~Snter to continue. F3=Exit F5=Additional charges F6=Charges F7=Miscellaneous FB=Business inquiry F9=Additional requirements F10=Receipts ~vi~ Moxe... information F24=More keys 3-9 DeviC6: Y'dM11C'sxv, ZP Address: TDD400 Prin[ed: iQedneeday, January 14, 2008 10:39:19 Hc;uKUTM CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 12,01;2008 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willie HRH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND 26 Century Blvd. , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. O. Box 305191 . Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED FlaglerCE Holdings, LLC 4700 Millenia Blvd INSURER A: New Ham shire Indemnity Company, Inc. 23833-001 Suite 500 INSURER B: The Phoenix Insurance Compan 25623-001 Orlando, FL 32839 INSURER C: INSURER D: INSURER E: R(1VFRAP_FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W T I H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' LTR NSR TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GE NERAL LIABILITY O1LX0035931390 5/1/2008 5/1/2009 EACH OCCURRENCE $ ]- ~~~ 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence 100 000 $ CLAIMS MADE OCCUR MEDEXP(Anyoneperson) $ 5 000 PERSONALBADV INJURY $ 1 000 000 ' GENERAL AGGREGATE $ 2 000 000 GEN LAGGREGATELIMITAPPLIESPER: R PRODUCTS-COMP/OPAGG $ 1 000 000 POLICY JE CT LOC A AU TOMOBILE LIABILITY O1CA0093492860 5/1/2008 5/1/2009 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ X $1,000 Comv Ded X 1 000 Coll Ded PROPERTY DAMAGE (Peraccidenq $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LIABI YVYCNIIB1951L05908 $ /~ /2008 5/1/2009 WCSTATU- OTH- Lt7Y - X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1 000 000 If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1 0 0 0 0 0 0 SPECIAL PROVISIONS below OTHER E.L. DISEASE-POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS(LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIA L PROVISIONS (`FRTIFI(`ATC unr nCO _ _ _ _ _ ~~ FlaglerCE Holdings, LLC 4700 Millenia Hlvd, Suite 500 Orlando, FL 32839-6013 ACORn ~s I~nn~rnQ>, ~.., , - ~ ~ ~ r, ~, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU7 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ----.-• ~r~. - -_~_, ~~~,.:1100771G ~ACORDCORPORATiON1988 3-l0 \i I ~4 ~ '' ~ kwy. ~~ ~ `.,;~ I a 10 ft. Moldboard, 3/4 yd~ Front`Bueket :and;`$ .,. u 133 HPTurbo-Charged and After-cooledF Dies~E :~ .~,r ~- All-Wheel Hydrostatic=.Drive ~ ~ ~`' _ .~~~ ~- Universal .Quick-Attaches both~.Fron ~an`d. Rear ~ y d4 •~, r..t ~- Auxiliary Hydraulics with`. Case Drain ~ , ;.,:'; iY ,., ~- Enclosed Cab with Air Conditioning; and~.Hea`t;i ~- Moldboard Power Raise/Lower,~Angle; Sidesh Tilt and Float Position ~<. _: ~ .: i wb :~~. .~. - ~~ ~ ~ ,~~ - ~ ~ ~ - _ ~ ti~ - ~ ~ ~, ~ ~' f 4 ti 3 Y '3r +' - ~' ~'' ' P ` ~ ~ ~ ~ ~ y a r . ~ ~.. - ~ t ~ - ~ `t7 ti', ~ ~ ~ ~, 1 x ,. w a~ ,r 4 ~ ~ i f K_t:~ -- 4^ T s~~ ~ nw .~ ~ ~ F`I`, ~ _ _ + ~ _ - `~ ~ T - i ~ 4 I r L me ~ ~ M ' 413XT ~ ~ ~~ ~ ; ~,, ~ ~ -~ ,, ~ ,.. ..: _ ~~ ~ ,.w ~~ b '~,, -~ ti~ ~ ~ ' . ~ ~ ,. ., ~; ~ ~ L ~ ~~ ~,i "ice ~ ~~ u~ ~ti~. >~: ~'z6 .:'Ti'::R~++Ff~~~~ ~" 11F~ 4; e~ e `, ~~ ri J ~: ~ 9 a Va ~'~1~' ,_ The MAULDIN M413XT Maintainer is the most versatile & maneuverable small grader on the market. The M413XT is a true investment in productivity, your operators and your business. Experience it today. ~1~~~~~~~ ~~~~ Get the most torque to the ground using MAULDIN's tandem hydrostatic pump design. Standard All-Wheel-Drive increases productivity. ~~~~ Responsive hydraulics allow for complete control over the moldboard putting confidence at the operators finger tips. ~~~t~t~~~`t~° The 10 foot moldboard features sideshift, angle, tilt and float enabling the operator to handle many different work requirements. MAULD/N's exclusive rear mounted A-frame design generates as much Blade Down Pressure as machines twice its size. Rated at 3/4 cubic yards ,the front bucket is a very capable asset of the M413XT. Its 10 foot dump height allows for loading of tandem axle trucks with sideboards. Boom float gives operators the ability to back-drag those tight corners found in many of today's parking lots and driveways. #~~~~~.~ Standard 25 GPM auxilliary hydraulics @ 2500 psi along with the standard front and rear universal quick-attach allow the M413XT to use many different work tools. These quick-attaches allow the M413XT to use work tools such as brooms, augers, pallet forks, snow blowers, rollers, tillers, cold planers, rotary cutters, etc. .=w .r ;d ?. _ fir al If productivity, versatility and IOL1/ maintenance are your requirements ink a motor grader..." MAULDIN's p1413XT is;the Answer! ~`~ M413XT with 84 inch Broom Attachment adds The M413XT's small footprint makes it the perfect ~~ versatility and productivity to this work horse. choice for working in tight areas like this alley. ~~,~ ~' .3~~~- ~ ~ Q ~' ~ ' ~ ~ ~~- -~ ~/~1~~ ,~w~~~ t 9 7' //, / 1 1 1/ 1 /JJ 1 1 1~ 1. With 45 degrees of Moldboard Tilt, the M413XT is ,~~ 1 1 1 . _ 1 / perfect for blue-topping parking lots, driveways and .. _ •- ~ 1 1 1 shoulders. ~^ MODEL M413 M413XT WEIGHTS Operating 12,6501bs 13,2201bs (std. equipment) FrontAxle 5,1401bs 5,7001bs . Rear Axle 7,510 lbs 7,520 lbs I ENGINE Deutz 2012, 4 cylinder diesel, turbocharged & after- !, (Tier II Compliant) cooled, 133 hp, 363.3 Ibs ft torque, 0-8 mph low range, 0-17 m h hi h ' BACKFILL Length x Height T x 19" N/A i " BLADE N/A Lift above ground 13 Penetration 11" N/A I' LOADER Bucket Capacity N/A .75 yd3 ASSEIt'IBLY Width N/A 85" ~ (std. quick-attach) ~ Dump Height N/A 120" ;. OPTIONAL Width N/A 84„ SCARIFIER i Shanks N/A 7 ~' std. uick-attach ~ q ) t Penetration. N/A 8" ;, Lii N/A 24" ELECTRICAL 12 volt keyed ignition, 78 amp alternator, heavy duty SYSTEM battery, neutral safety switch on starting circuit ~ TIRES AND Tires 15-19.5 NHS 8 ply WHEELS V/heels 91ug,1,9.5 x 15 ~ . . ~ `Front axle oscillation 30 de ees DRIVE All wheel limited slip hydrostatic transmission drive, SYSTEM power steering, instant forward & reverse, toot actuated speed/directional control with spring return to neutral osition safe feature, laneta reduction e drive HYDRAULIC M413 & M413XT 'I ~ SYSTEM oil reservoir;-high-low 20 US-gaL Capacityhydraulic sight level gauge on hydraulicseservoir; charge pressure filtrations for hydrostatic circuit, minimum 100 micron ~ mesh suction screen in tank. I\2413XT-0nly ~ '~ Minimum 10 micron high pressure-filter for accessory ~, pumps; three line auxiliary hydraulics at 25 GP1VI (max. j ~ _at 200 PSlwith uick cou leis front& rear _ ~. FUEL SYSTEM 40 US gallons MOLDBOARD Length x Ileight 10' x 19" " Ground clearance 11 ~I ~ Hydraulic side shill, 36" outside tires ~. or R ~ ~ ~ Hydraulic tilt infinitely variable from 0° to ~4~° ~~ Hydraulic angle 39°L or R~~ ~ ~' Float position Standard ~- TURNING Inside wheels 8' RADIUS Inside moldboard 5' '~, ' FRAME Unitized box tube and heavy gauge welded steel I STANDARD Electronic back-up alarm, seat belt, SAE ROPS certified, SAFETY neutral safety switch, loader boom safety prop, spring applied with hydraulic release parking brake *~ EQUIPMENT OPTIONAL- Enclosed cab, air conditioning, heat, defroster fan, rear ~scariiier, rear hydraulics, automatiebladecontrol system, broom; cold lan~r, roller, mallet forks,. auger; eta ~;, ~ ~ 4' L ~ 1 d+~ f " /~, ~~ E ' ~ - ~4 Y ~ ~ ~ + j~! a~Al D ~~ l~ fKa~ ----~. ~~ ,4z?s-5~, 1, I o ~~ ~~ ~~~~~~ HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. (~ ~- L? ~-LI' Ordinance No. 0-09-01 Adopting the Capital Improvements Department Origin: G Element for the Comprehensive Plan City Attorney: Ap ove r Submittal by: City ~~ Clerk: Date Submitted: Jan. 20, 2009 AI n r, City Manager Exhibits: Ordinance No. 0-09-01, Capital Improvements Element 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. First reading was conducted on January 14, 2009. RECOMMENDATION Hold public hearing and move to approve Ordinance No. 0-09-01. ~q/ ~~o ORDINANCE NO. 0-09-01 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 WHEREAS, 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 NOW, 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 ~U~ 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 The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Richard Gillmor Vice-Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff ~~~ The Mayor thereupon declared this Ordinance duly passed and adopted this 200_. ATTEST: Sally A. Maio, CMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Richard Gillmor, Mayor day of Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney ~b31 o'~ EXHIBIT A 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 LANL? DESIGN INNOVAT'10N$ m.,,R.,r,,,ra 1'f0 North Orlando fivenue Suite 295 Winter mark. Florida 32789 'hone: 407-975- t 273 Fox: 'f07-975-1 278 www_landbiz.com ~ 05 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL 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. Draina~e .........................................................................................................................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 FACII..ITY 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 OBJECTIVES AND POLICIES ...........................................................................32 LIST OF TABLES Table XII - 1: Inventory of Public Schools .................................................................................. 21 Table XII - 2: City of Sebastian Capital Improvements Schedule FY 2008/09-2012/13 ............ 22 Table XII - 3: City of Sebastian Capital Improvements Schedule FY 2008/09-2012/13 (Continued) ............................................................................................................... ............ 23 Table XII - 4: Projection of Ad Valorem Tax Revenues ................................................. ............ 24 Table XII - 5: Projections of Non-Ad Valorem Tax Revenues ....................................... ............ 25 Table XII - 6: Projections of Non-Ad Valorem Tax Revenues (Continued) ................... ............ 26 Table XII - 7: Projections of Debt Service Obligations for Outstanding Bond Issues .... ............ 29 Table XII - 8: Projection of Debt Capacity ...................................................................... ............ 30 Table XII - 9: Projections of Operating Expenses ........................................................... ............ 30 LIST OF MAPS Map XII- 1 Schools Serving the City of Sebastian ....................................................................... 31 IX-ii 1U1 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 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 funding 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 Water 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 0~ 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 are 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 Facilities 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. 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 Iaapacity. 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. 1 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. CITY OF SEBASTIAN 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 hurricanes 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 Quint2, 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"' Street adjacent to Gifford and 4`h Street and 43`d 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. IX-4 i~~ 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 Highway 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- I \~ \~ IX-5 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 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`'' 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 finalizing 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 US 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`h Avenue as it leaves the city limits to the south and connects to CR 510. • En~lar 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 IX-6 ~~3 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 Deficiencies: 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. ~~ i ` s Indian River County Transportation Improvement Program FY 2007/08-2011/12, IRMPO, July 11, 2007 IX-7 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 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. IX-8 ~~5 CITY OF SEBAST[AN 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 may be 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 a City of Sebastian, Master Stormwater Management Plan, CDM, 2004 IX-9 ~~ C[TY 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 IX-10 ~l~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 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 \~ ., CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 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 Terrace 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 s City of Sebastian Annual Budget, Fiscal Year 2007/08. IX-12 ~1 I 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 businesses 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 unit/property 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 Deparhnent Fund, Golf Courses and the Airport. (5) 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. 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 fmance 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 infrastructure 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 (CIF) is updated annually if there are any changes or deletions of previously funded projects shown in the CIF, the City will need to adopt an ordinance and transmit the changes to the Department of Community Affairs. IX-16 IL3 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT 4. Financial Assessment For purposes of assessing the City's fmancial 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-5, 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 Deparhnent 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 fund certain sanitary waste 'l a _ _ IX-17 CITY OF 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 ~ ZJ 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-3: 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 Table IX-4. 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 payments. Schedules of existing debt commitments are displayed in Table 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 Property 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 IX= 7 6 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 IX-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. CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table IX -1: Inventory of Public Schools ~~ Map # Estimated Portable Student (see Map 1 Student Capacity XII-1) School Enrollment -Capacity Classrooms 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 2 028 1 933 N/A 105% High School , , source: inaian tUVer County School llistnct, ZUUtS Note: Charter schools not included in the School Utilization inventory. 'School Year 2007/2008 School Enrollment and Capacity ~~~ IX-21 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 RPhahilitatinn Qalac Tav 750,000 250,000 250,000 250,000 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 COnstruct Perimeter and FDOT - 80% ° 1,600,000 1,600,000 Construct Taxi FDOT - 80° % 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 A imnrF - 7 F+°/ r Barber Street Sports Complex Discretionary 230,000 230 000 Baseball Field Sales Tax , New Park - Recreation 50,000 50,000 New Park - Recreation 50,000 50,000 New Park - Recreation 50,000 50,000 New Park - Recreation Carnival & Impact Fee 50,000 50,000 New Park - Recreation 50,000 50,000 IX-22 iz~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Municipal Golf I Golf Course I 1,000,000 1,000,000 Course Bonds Table IX - 3: City of Sebastian Capital Improvements Schedule FY 2008/09-2012/13 (Continued) ~ ~ ~ ; ~ is i~ i~ ~ ® ® ® ~ West Regional , W WTP Expansion, North Utility Water Plant Expansion, Capacity Charges 123,236,310 24,070,305 6,966,000 11,170,000 5,400,000 75,630,005 Spoonbill Marsh Site ~ ~ ~ ~ Closure of Segment II Solid Waste Landfill, Construct New Disposal District 68,564,483 5,650,000 2,300,000 5,143,000 12,109,000 43,362,483 Landfill Cell Repairs to 1 ~ ~ Fire/EMS Insurance, Stations, Construction of Local Option 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 Re lacement I Discretionary I Sales Tax 2,310,000 I 385,000 I 385,000 I 385,000 I 385,000 I 385,000 Source: City of Sebastian Annual Budget FY 2007/08; Indian River County i3nnual Budget FY 2007/08. \3~ IX-23 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table IX - 4: Projection of Ad Valorem Tax Revenues 2008 $1,601,474,712 2.9917 $4,791,129 2009 $1,408,567,847 2.9917 -_Y__ -___--_ $4,033,312 2010 $1,422,653,525 2.9917 _ -__--__----- _-_-__- --'-____--$4,043,345 __._ 2011 2012 $1,463,880,061 $1,451,248,861 2.9917 -- 2.9917 -------------_..---.._.__._.__.....----- --_---_-_ $4,083,778--+-- $4,124,616 2013 $1,465,761,350 2.9917 --------------------------- $4,165,862 Source: City of Sebastian, March 2008. 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I ~ , ~ I U U -o I ~ i o ~~ ~ ~ ( ~ ~ ~ U o A ~ c a 0 rn N CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Table IX - 8: Projection of Debt Capacity 2008 $1,601,474,712 $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: Citv of Sebastian an d Land Design Innovations. inc._ Anril 2(1(1R Note: (1) Maximum debt will not exceed 5% of the City's property tax base valuation. Table IX - 9: Projections of Operating Expenses Stormwater (Utility Fund) ~i ~: 940,373 ~~: i~ 959,180 i~~ ~ 987,955 ~ 1 ~ 1,017,594 ~ i 1,058,297 ~ ~ 1,100,629 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 source: u;iry or ~enasnan, ,vpru ~uuu. IX-30 ~3~ CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Map IX- 1 Schools Serving the City of Sebastian nna "tt ~ \ ~` HOME OF PELICAN lSIAND ! ~ ~• ~ . .~ • ~ G •M` M ,, t 7 ~ _--~ i ~ Y j ~ ! 4 t I ~ ~ / , : w ,~~ ~ Seb~stran Eteme~yl.. / ° •' ` ' ~ _ m~ ! 1 ~\ ~ i 0 1 i ,~ l.. , .._.~ 1 r Sebastla Ivey Chaser dl •' ~~ ~ . ~ r s ~_.. _ X ~ i ~/ \ .{ ~\ ~ \ ' ti --~ 7 \ ~ GR 512 ~ ~T t, \ \ / 1 ' a I / \ ~ ft \~yp I ~ Sebastian r~'v2r MpM~c •:4+0, ~~F`,- -~a t.. _,._.. M•~~i, \ ~ ~ • ~~ ~ ... , 4~ fr. • ~ • ~ ~ y Pelican land Ekmeritary ; + 7l Sebastian Ri~tr Highr~~•~~~~, .~ j, .. r ~ ~~-------•~'~"~ Note-KAapisf -graphic-representation-only. Source: Indian River County Public Schools Dis rial & LDI. Inc.' 2008 Actual data m `st be verified by the C' stab. SCHOOLS SERVING SEBASTIAN ~ f=eet j Schools 0 1,875 3.750 7,500 _ ~~ ~,n~n E~tsicv Is~ov,cnuns ~ ~ ~ City Boundary ~dlL trxlian River County 1Yf1 Norlh fhk~,da R...w. Sire. 295 Wlnf.. #~o.k F:w:da 317d4 ~~j~ 1X-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. ~,_ /j9 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 timing and funding of capital facilities. Policy 1.2.1 The City shall use the following minimum 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 aze 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. \'~v o Water Quality Standards: IX-33 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 - Pazk 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 I~IIT - 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. IX-34 ~~r CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELFMF1vT • 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 may be amended from time to time. ~ati IX-35 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT Objective 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 existing hazards within the City by using the hazards analysis and hazards 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 Board, the Florida Department of Environmental Protection, and/or any other applicable government agency. ~x,s ~i~3 CITY OF SEBASTIAN COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS 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. Objecrive 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 utility and/or department will not require deferring current maintenance of existing infiastructure. • 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 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 finance 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 updated 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 Plan. 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 limited 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-3 8 Iti5 ~ CITY OE 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 fmancially 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 minimum 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 ~U IX-39 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. IX-40 ~~~ ~~,~ CITY Qf .~~ ~~~. v ~-~-'. i IiQME OF PELICAN 151AND Citv of Sebastian, Florida Subject: Resolution R-09-03 approving a Preliminary Plat for The Pointe at Chessers Gap Subdivision (a townhouse development) Submittal by: City Manager Agenda No. t/ f : ~ ~,~ Department Origin: Growth Manageme it Purchasing/Contracting: Finance Director City Attorney: City Clerk: ~'- Date Submitted :January 22, 2009 For Agenda of: January 28, 2009 Exhibits: R-09-03, 2004 Conceptual PUD Plan with approved Resolution & City Council minutes, Staff Report, P & Z Minutes, Application. Under Separate Cover: Preliminary Plat (Exhibit A), Aerials (B), EXPENDITURE REQUIRED: I AMOUNT BUDGETED: I APPROPRIATION REQUIRED: None None None SUMMARY MBV Engineering, Inc., on behalf of Mr. Richard Jones of Chesser's Gap, LLC, has filed for preliminary plat approval fora 116-unit townhouse development located within the Chesser's Gap Commercial PUD on Fleming Street across from the Wave Street intersection. The project consists of 116 units in 18 residential buildings, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an internal road network with one point of access on Fleming Street and an emergency access easement further to the north, also on Fleming Street. Proposed water and wastewater service will be accomplished via connection to an Indian River County Utilities water main and sewer system, both already existing within the PUD. Proposed stormwater drainage for the site has been designed with a relocated central retention area that will drain into the existing Chesser's Gap PUD master stormwater system, already approved by SJRWMD. The site consists of 14.5 acres of total land area, of which, 6.67 acres will be impervious (46%) and 7.83 acres will be open space (54%). Future development of a .91 acre recreation tract will consist of a clubhouse, swimming pool area, and possible tennis courts. The proposed preliminary plat reflects compliance with current townhouse zoning requirements, including minimum lot size, setback standards, open space requirements and all other dimensional criteria. Per the Land Development Code and established City procedures, the Planning and Zoning Commission held a public hearing at its October 4, 2007 meeting to consider the preliminary plat. The Planning and Zoning Commission, by a vote of 5-0, made a recommendation to City Council for approval of the Pointe at Chessers Gap Subdivision with conditions, one being that an updated final plat for the Chesser's Gap PUD be approved and recorded before final approval of the townhouse project was considered. The updated final plat was approved by City Council on September 24, 2008 and recorded the next day. RECOMMENDED ACTION Conduct quasi judicial public hearing, and move to approve Resolution R-09-03, approving the Preliminary Plat for The Pointe at Chessers Gap with one condition. ~~~ ~h° RESOLUTION NO. R-09-03 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS THE POINTS AT CHESSERS GAP; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Chesser's Gap, LLC, has filed an application for approval of a preliminary plat for a townhouse development subdivision known as The Pointe at Chesser's Gap; and WHEREAS, said subdivision and plat comply with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and subdivision plan for The Pointe at Chesser's Gap prepared by MBV Engineering, Inc., with an engineer's stamp and signature dated January 21, 2009, as maintained on file with the City Growth Management Department, subject to the following condition: 1. A total of 1.28 acres of the relocated stormwater pond shall be deeded back to the Chesser's Gap PUD Property Owners Association after construction of said stormwater pond, and before final platting of The Pointe of Chesser's Gap Subdivision occurs. Section 2. are hereby repealed. Section 3. upon its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately 15~ The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale Simchick Councilmember Eugene Wolff and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 28~' day of January, 2009. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney (, ~ti By: Mayor Richard H. Gillmor s-+E--~-~ ~-r~~-~-~-~-~ ~-s~R-P~iii-i~--~'-iii'•1iF~~ -~-~~ a ~'~ t., _. - \ ` -~~ ` \ ~ r ~ ~ ~ ~ %~ ~ ~m ~ ~ - 1 ~ ag~~~_ ~' I a~;~,~ 8saa~a ~ - 8 t- ~ 8='~83 t 86~R~~ f~~ o W 8 ~ ~a`'~u 1 - / d' f ~-_ „ J 1 -'ZV 4r w o ~~~ r~ ~ ~ ~ !L ~ ~ ~ `~ Y 1 _ _ () c z O r ,~ ^ ~ J a ° I ~~M Z ~ ~ 1 e ~~ a 1 %. ~ ~ - _~ y _ ~ ~ - - ` ~ r~ NO gl`-,~ - ~ ~ 'i W ~C3 133i11S 3AVM _ 1 0 ~ ~ S L _ - •~ a Q 5 z ~ ~ ~ ~ ~ II z ,~ i U~ ~ ~---- z N OJ F-U ``1~1~~~~ ' ~ ~ `~ ~ I ~-' ~Z~«~ a~~~f/ ~ stl~' I O ~ ti r ~aa~ ~a 1 a~ ~ ~~ 'gym ~ 1 3':g$8 g ~ ~ J ~ - 3~m~:R `~ O ~ ~ r- - - - .eor_ j ° , ~ L _ v ro ~j 19'6tL AIOI,GI~dI ~ '~ ^. n„ . .bbkq b.bb b }} 't F `~O 1_-~O ~~ `S r ~. ~ ~ U U ~ Qv ~ ~ ~ rr U ` `` ~ ~/~ F- ~, SO \ `~5~~\~1 \ `\ ~ 'r J31~~i~ ~~ .[., ~ ~ ~ J \ 0 ry/ N ~'~s ~`\•~ ~J2 _ .; ~~ `\ .. ~ ~~ ..3a, `` o~ Qy sO~y~ \~. \ ~. `. y~y ~ ~ ` ,yr \ ` ~ ~. . ~ ~~ ds ~ ~. ~~. ..~ ~ ~ q Z ~ v ~~~: r ~ g~~ggK Z i~R~W In ~ 3 V •- ~~ ~1~--~ --- ... _.. .. -- I } I ~ ~~ ~,,~, ~~ ~Wr- J Q Q ~ 1 ~ ~ W U ~I ~ 2 ~ O ? a~ ~ O tl- ~\ ~ W N V I ~, f I ~ ~(Ctp2 ~ ~ ~ \ ~'r ha, U ~ ry ~ _ ~ ~ r ~ r a fo \~~o, ~ I ~~~ rb ~ \ q~ r r. 10~ ~~ ~~ - ~ `\? ~ r sib J 'is 1 In r i r i \ ~ 1 O r J ~ ~ - -~ / ti / I l V / ~ r / ~ / ~1 ~i) r ~r ~I f r- - / ~ ~) ~~~ `~ ~ o~w A~ rnn ai 4 - X07 ~I '- ~1 ~ 1 1 i i ,tcLC• X11.00-0051 I ~i6~`-'Lips ~a-aF-ear-~e'~g~9F`A~bd~e~ ~r-~- A`dM2l31tlM 2131110 M~a ~ ,os~ ~, .. ~ _ ~~~ l \ CJ ul {= z z c c: a a L~ C"' a~ w~ UW W ~5] ~ W Q o ~" O N 153... ^ Regular City Council Meeting July 28, 2004 Page Five 04.166 B. Parks 8~ Recreation Advisory Committee 117-128 i. Interview Unless Waived and Submit Nominations for Unexpired Zone B Position_ (Gifu Clerk Transmittal 7!12/04, Code, Applications, Ad, List) Mr. Barczyk nominated Elizabeth Gray {Zone B) and since there were no other nominations, Ms. Gray was automatically appointed to the position. Fill At-Carpe Position The City Council interviewed Michelle Merlin. It was noted that she would have to resign her Tree Board position if appointed. No other applicants were present. Mr. Barczyk nominated Michelle Merlin for the alternate position, and since there were no other nominations, Ms. Merline was automatically appointed. Mr. Barczyk asked if applicant MaryAnn Krueger could fill the vacant position on the Tree Board, however, the City Clerk advised that the Code allows Council to automatically fill an alternate position on the same board i# an alternate is moved up, but all other vacant positions have to be advertised. 9. 04.161 1zs-1sa PUBLIC HEARING A. Adoption Reading of Ordinance No. 0-04-15 Amendment to Chapter 102, Article V, Sebastian Stormwater Utili En ineerin Transmittal 6/15104 0-04-15 AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 1Q2, ARTICLE V SEBASTIAN STORMwATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. 04.176 i The City Attorney read the ordinance by title, and Mayor McCollum opened the public hearing at 7:37 p.m. There was no public input. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinanoe No. 0-04-15 was adapted by a roll call vote of 5-0. B. Quasi-Judicial Public Hearing Resolution Na. R-04-29 Modification of Conceptual Development Plan for Chesser's Gap PUD (GMD Transmittal 7/20!04. R-04-29, Plan, Map Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 5 Regular City Council Meeting Jufy 28, 2004 Page Six The City Attorney read the ordinance by title, and Mayor McCollum opened the hearing at 7:38 p.m., there was no ex-parte communication to be reported, and the City Clerk swore in all those who offered to give factual testimony. Joseph Schulke, Schulke, Bittle ~ Stoddard, LLC, representing the applicant Sebastian General Partnership, presented the proposal for modification of the Chessers Gap conceptual development plan to City Council from industrial to multi-family residential. The Growth Management Director presented staff recommendation and noted the development plan will come back before City Council. He then responded to questions from Council. Ms. Monier strongly recommended that the workforce affordable housing be considered. Louise Kautenberg, said affordable workforce housing is badly needed in Sebastian. Bruce Lee was sworn, noted objections raised during the Planning and Zoning Commission, expressed concern about density issues and appealed for lower density. Andrea Coy questioned the data used to determine need, objected to the modification until there is a revised comprehensive land use plan and a full plan for the property are in place. At the request of the City Manager, the Growth Management Director verified that there is a state mandate to provide for affordable housing and the City is still deficient and could be found to be inconsistent with its comprehensive land use plan. The Growth Management also noted the City is only required to update its comprehensive land use plan every ten years, however the City is revising it sooner to bring it up to standards TAPE ! -SIDE If (8:02 p.m.) The Growth Management Director said staff was recommending the modification to the conceptual development plan tonight based on comprehensive development plan requirements and zoning consistency, wherein multi-family zoning is more compatible with adjacent single- family zoning than is industrial zoning. The City Attorney recommended an author's amendment to Section 1, as follows: "with the January 2004 narrative update and a plan bearing a date with engineer's certificate of July 20, 2004 prepared by Shulke, Bittle and Stoddard". The Ci#y Attorney noted no one was denied input on the density merely advised that there will be a full hearing on density at a later date. Ms. Monier said there is a conceptual plan in place before Council, and said she hoped the public does come when the preliminary plan comes before Council. The City Attorney said density will be discussed during preliminary development plan consideration. s ~5 Regular City Council Meeting July 28, 2004 Page Seven Mayor McCollum responded to resident concerns, and expressed his concern if this was to remain industrial, and his concurrence with the need for multi-family. Mr. Barczyk said the name should be "homes for working families" rather than affordable housing; said quality of life means different things to different people, and there is a need for multi-family in Sebastian. staff Mr. Coniglio said Council appreciates the manner in which C-etxteil protects them with good information. Mr. Heptinstall said he feels there is not enough done to enlighten citizens about the policies and procedures needed to conduct the business of the City; said Council is not trying to ignore anyone but there are legalities they must abide by. He invited residents to contact individual councilmembers with questions. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-04-29 was adopted as amended (by the City Attorney) by a roll call vote of 5-0. Mayor McCollum called recess at 8:18 p.m. and reconvened the meeting at 8:28 p.m. All members were present. 1U. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda -sign-up required -limit of flue minutes for each speaker Damian Gilliams said revenue is increasing in the new tax year and hoped that the Council will carefully review the proposed line items with an eye to going tv rolled-back rate. Mayor McCollum said the budget workshop will take place on August 17'~ 11. OLD 6UStNESS 04.115 A. Direction Regarding Keep Indian River Beautiful's Request for Space {City is~-~s2 Manager Transmittal 7122/04, Letter The City Manager gave a brief background on the request from Keep Indian River Beautiful and requested further Council direction be offered to staff. He said that Cheryl Cummins and Carolyn Corum from Keep Indian River Beautiful were present to address Council. The City Attorney requested clear direction as to whether Council wants the recovery center located at the City complex or does it simply want to offer administrative offices. He said the recovery center would best be located in the back building, administrative offices would be best located in the old City Hall building with conditions decided by the location. 7 ~ ~ ~ ei , l ~ ~ ^r..~ ~__.. ^, rr;-. ~'v - '~ N RESOLUTION NO. R-04-29 :~ A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AM THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNE DEVELOPMENT KNOWN AS CHESSER'S GAP PUD; PROVHDING FOR " CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Sebastian General Partners'nip has filed an application fer modification of a conceptual development plan for a Planned Unit Development known as Chesser's Gap; and WHEREAS, said conceptual development plan was originally approved by resolution of City Council and, accordingly, would be amended by the same measure; and WHEREAS, said modifications comply with applicable State and City codes and regulations, including the Comprehensive Growth Management Plan; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section L PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the amended conceptual development plan for Chesser's Gap in accordance with the January 2004 narrative update and a plan bearing a dated Engineer's Certificate of July 20, 2004, prepared by Schullce, Bittle & Stoddard, LLC, as maintained on file with the City Growth Management Department. Section 2. are hereby repealed. Section 3. upon its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember Conia~ . The motion was seconded by Councilmember Monier .and, upon being put into a vote, the vote was as follows: Mayor Nathan B. McCollum _aye Vice-Mayor Joe Barczyk _aye Councilmember Ray Coniglio _aye Councilmember Lisanne Monier _aye Councilmember I~iichael Heptinstall _aye ~~~ j ~~ a ~:~ .. ~~ _, Eli \C~-, ~ `~~- ~ , D IJN The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of July, 2004. CITY OF SEBASTIAN-FLORIDA %~~ ATTEST: Mayor Nathan B. McCollum ~ .~ -, ~ ~ ~ ~ ~~ Sally A. ~aio, CMC City Clerk Approved as to form and legality for reliar~e by ,he City of Sebastian only: ~ ~ ,5 I ~~ Rich Stringer, ~~ rnr ~ '~ E$~T ~~_ . __ .~:.. ~~... . HOME OF PELICAN 15t1tND Growth Management Department Preliminary Plat -Staff Report 1. Project Name: The Pointe at Chesser's Gap Subdivision 2. Requested Action: Preliminary Plat approval for an 116-lot (unit} townhouse subdivision 3. Project Location a. Address: East side of .Fleming Street, across from the Wave Street intersection b. Legal: Lot 5, Chesser's Gap Subdivision Phase II c. Indian River County Parcel Number: 31-38-13-00008-0000-00005.0 4. Project Owner: Chesser's Gap, LLC Mr. Richard Jones, Jr. 190 Congress Park Drive, Suite 180 Delray Beach, Florida 33445 (561) 274-4210 Fax (561) 274-4211 5. Project Agent: Todd Howder 6. Project Engineer: MBV Engineering, Inc. 245514 Avenue Vero Beach, Florida 32960 (772) 569-0035 Fax (772) 778-3617 7. Project Surveyor: Stuart A. Houston, PLS Houston, Schulke, Bittle & Stoddard 1717 Indian River Boulevard, Suite 202-C Vero Beach, Florida 32960 (772) 794-1213 Fax (772) 794-1096 8. Project Description ~5q a. Narrative of proposed action: MBV Engineering, Inc., on behalf of Chesser's Gap, LLC, has filed for preliminary plat approval for an 116-unit townhouse development located on Fleming Street across from the Wave Street intersection within the Chesser's Gap commercial PUD. The project consists of 18 residential buildings, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an internal road network with the primary access on Fleming Street, in line with Wave Street, and a secondary emergency access further north on Fleming Street. Proposed water service will be accomplished via connection to an Indian River County Utilities water main, and wastewater service will be provided by connection to the Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to retention areas within the master stormwater system for the PUD. The site consists of 14.5 acres, of which, 6.67 acres will be impervious (46.0%) and 7.83 acres will be open space (54.0%). Future development of a .91 acre recreation tract will consist of a clubhouse, swimming pool area, and possible tennis courts. b. Current Zoning: PUD - C (Planned Unit Development -Commercial) Current Land Use: CG (General Commercial) c. Adjacent Properties Zoning Current Land Use North: CG 512 Commerce Center East: RS-10 Residential (Harbor Point Sub) South: PUD-C Charter School West: PUD-C Funeral Home d. Site Characteristics (1) Total Acreage: 14.5 acres (2) Current Land Use(s): Vacant (3) Soil: EauGallie & Oldsmar CG LDR CG CG (4) Vegetation: Scrub pines, oaks, and palms. Tree survey has been provided with site plan. (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities ~~ 2 Future Land Use (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Riverview Park -1.5 miles (9) Police/Fire: Barber St. Fire Station - 1.5 miles Sebastian PD - 2 miles 9. 10. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: n/a f. Conservation: consistent g. Recreation and Open Space: consistent Contents of Preliminary Plat: a. name of subdivision: The Pointe at Chesser's Gap b. vicinity sketch: provided c. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation provided - 8/17!07 f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mortgage holder: final plat info i. statement that they will join in the dedication: final plat info j. name, address, and registration number of engineer: provided as listed above k. name, address, and registration number of surveyor: provided as listed above 3 ~~t I. name of adjacent subdivisions, if any, including plat book and page number reference: provided m. names of owners of record of adjacent acreage: in file n. contour map including a perimeter strip up to 150 feet in width. Aerial provided - o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided p. name, alignment and. width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided (street names will be coordinated with city staff and will be presented on final plat). q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided s. all existing drainage district facilities and the ultimate right-of-way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided u. a statement that all utilities are available and have been coordinated with all required utilities: provided v. sites proposed for parks, recreational areas and schools: provided w. location of all temporary structures or permanent structures having a temporary use: n/a x. if borders public water, delineate the mean high water line: n/a y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: n/a z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided CL~~ aa. block perimeter returns at block corners or other block line intersection: provided 11 Required Supplemental Information a. existing land use policy and proposed policy changes: provided and none b. on-site wastewater disposal data: provided -IRC Utilities permit will be needed before subdivision construction can begin c. surface water management plan: provided - a copy of the SJRWMD permit has been received d. traffic impact analysis: provided - City staff and IRC Traffic Engineering Dept have reviewed and approved the updated study dated October 2008. A south-bound left turn lane on Fleming Street into the subdivision will be required. e. required park land and/or facility improvements: provided f. required potable water improvements: provided g. required wastewater improvements: provided h. erosion and sedimentation control improvements: provided i. reference to required improvements i. access: provided ii. alleys: n/a iii. blocks: provided iv. bridges: n/a v. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: n/a ix. soils: provided x. streets: provided xi. bicycle/pedestrian paths: provided xii. off-street parking areas: provided xiii. utilities: provided xiv. utility installation: provided xv. central water system: provided xvi. central wastewater system: provided xvii. individual sewage systems: n/a xviii. water and sewage treatment and processing plants: n/a xix. median strips and entranceways: provided xx. traffic control devices: provided 5 I~3 xxi. monuments: provided xxii. commercial and industrial subdivisions: n/a xxiii, mobile home subdivisions: n/a j. schedule of multiple phases: n/a 12. Fee paid: Conditional use permit, preliminary plat, and site plan application fees have been paid. 13. Other Preliminary Plat Matters: The preliminary plat meets the dimensional requirements of the townhouse development regulations in the RM-8 zoning district as follows: a. Minimum lot size (prior to platting): 1 acre site is 14.5 acres b. Minimum interior lot size within the site: 1,875 SF minimum provided 1,875 SF c. Minimum interior lot width: 25 feet minimum provided 25 feet d. Minimum interior lot depth: 75 feet minimum provided 75 feet e. Special regulations: Special regulations as required in LDC Section 54- 2-5.2.4(e)(8) for townhouse development regarding access for each unit, unified control (ownership of property to be platted), construction development standards, and common open space (private deed restrictions) have been provided and reviewed through the plat and site plan information. 14. City Engineer's review: The preliminary plat and site plan was reviewed, and all issues identified by the City Engineer have been resolved. 15. Other Matters: Currently, the applicant's warranty deed shows ownership of 15.78 acres. The survey reflects an existing retention pond to be relocated to the center of the multi-family units. Once the stormwater area has been relocated, a portion of the pond, 1.28 acres, will be deeded back to the Chesser's Gap PUD POA (Property Owners Association) bringing the total residential acreage to the allowable 14.5 acres. The existing retention pond (and hence the relocated pond) is included in the master stormwater system designed and constructed for build-out of the total 58 acres of the PUD. An Environmental Impact Report was submitted with the application and updated September 2007 and October 2008. It was reviewed by the Environmental /, q 6 !~~e Planner and approved for its contents, methodology, and findings. She recommends the following conditions prior to construction activity: a) Proper demolition permits should be received from the Building Department and Environmental Health Department for the existing structures on site with regards to the .abandonment of the septic systems, lead and asbestos reports, and proper abatement of the buildings which were built prior to 1978. b) All soil erosion control measurements and best management practices should be in place before landclearing and inspected by the city environmental planner. c) If no construction activity occurs within six months from final approval of the plat and site plan, an updated environmental, report will be required prior to landclearing permit issuance. In July 2008 an interlocal agreement with Indian River County and the School District was finalized, making it mandatory that all residential projects which are not defined as exempt, must receive a School Concurrency Availability Determination Letter (SCADL) from the School District before they receive approvals. This process will determine if the schools within the new subdivision's district will be able to accommodate the students projected to be generated from the project. A SCADL was received on December 22, 2008 determining that the SSAB (School Service Area Boundary) for Sebastian does have sufficient space for students from this project. 16. Conclusion: As proposed, The Pointe at Chesser's Gap Subdivision is consistent with all applicable state and local laws with respect to subdivision development, including provisions contained within the Comprehensive Plan and Land Development Code, with conditions as noted in Staff Recommendation. 17. Recommendation: Staff recommends that City Council approve the preliminary plat for The Pointe at Chesser's Gap with the following condition: 1) 1.28 acres of the relocated stormwater pond shall be deeded back to the Chesser's Gap PUD POA after construction of said stormwater pond, and before final platting of the Pointe of Chesser's Gap Subdivision occurs. ~~l ~~e n1c~tr t~~f~' PREPARED BY 7 a a, o DA E ~~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARINGS -CONDITIONAL USE PERMITS - MODEL HOME RENEWALS: 1. 1473 Barber St. - CEMCO 2. 100 ~ 102 Carlisle Way -Burgoon Berger Construction Corp. Mr. Paul opened the hearing and swore in staff and anyone to speak. Ms. Bosworth reviewed both applications and suggested the commission make two separate motions. There have been no code enforcement violations at the CEMCO site. It meets all requirements and staff. recommends approval. The other two model homes are in the Sebastian Crossing subdivision off CR 512. There have been some concerns with their off premise signs however, they have now gotten back on track with what is allowed by code. Staff also recommends approval of these model home renewals. Damien Gilliams called out from the audience inquiring about general public input. Mr. Paul said each quasi-judicial hearing on the agenda allows for public input on those particular items. There were no other comments from the public. The commission had no questions or concerns. MOTION by Morrison/Buchanan to approve the conditional use permits for cone-year period for CEMCO at 1473 Barber Street and Burgoon Berger at 100 & 102 Carlisle Way. .ROLL CALL: Mr. Mahoney yes Mr. Morrison yes Mr. Buchanan yes Mr. Cardinale yes Mr. Paul yes The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - CONDITIONAL USE PERMIT - RESIDENTIAL DEVELOPMENT IN A COMMERCIAL PUD -THE POINTE AT CHESSER'S GAP TOWNHOUSES - FLEMING STREET Mr. Paul opened the hearing and asked for any ex parte communication. He mentioned that one of the presenters, Todd Howder, is his neighbor. Mr. Paul swore in all that were to speak. Doug Vitunac, attorney for Richard Jones, presented the application. He explained that the residential use would be less intrusive to the neighborhoods than the commercial use currently allowed. Ms. Bosworth explained the specific criteria for conditional use. Staff recommends approval with the condition that the 1.23 acres be deeded back to the Chesser's Gap POA after construction and before final platting. The commissioners asked questions about scrub jays, traffic, and site conditions. No one spoke in favor of the project. The following were opposed: Bruce Lee, 103 Harbor Point Dr. Maureen. Mathewson, 108 Harbor Point Dr. Patricia Keller, Collier Creek Estates Larry Ferrie, Harbor Point Drive ~~ 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER. 4, 2007 Robert Johnson, Easy Street Eleanor Lee, 103 Harbor Point Dr. Damien Gilliams, 1623 U.S. 1 Mr. Vitunac offered rebuttal of the public comments and read case law as it relates to conditional use permit approval. Mr. Howder reviewed the traffic study and sewage calculations. MOTION by Morrison/Buchanan to approve the conditional use permit for residential development in a commercial PUD by The Pointe at Chesser's Gap Townhouses with the condition noted in the staff report. ROLL CALL: Mr. Paul yes Mr. Mahoney yes Mr. Cardinale yes Mr. Buchanan yes Mr. Keough yes The vote was 5-0. Motion passed unanimously. There was a five minute break. The meeting resumed at 9:00 p.m. and all commissioners were present. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -SITE PLAN - THE POINTE AT CHESSER'S GAP TOWNHOUSES - FLEMING STREET - '` y`'~T~y1~ CHESSER'S GAP, LLC - PUD-C ZONING DISTRICT ,t ~ ._ ~~~ ~ n ~~n1n~;" i ..".._.. ,n PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT -THE POINTE AT CHESSER'S GAP SUBDIVISION - 14.5ACRES -116 UNITS Mr. Paul opened the hearing and swore in staff and all wishing to speak. Ms. Bosworth asked that the site plan and preliminary plat be reviewed together however; the commission should make separate motions for recommendation to city council. She then went over the staff reports and recommendations. She reviewed the conditions for approval. Todd Howder, MBV Engineering, said no residential buildings would abut the crematorium at Seawinds. The commissioners discussed building colors, traffic and school bus route. MOTION by Morrison/Mahoney to recommend city council approve the site plan for The Pointe at Chesser's Gap Townhouses, Fleming Street with the conditions noted in the staff report. ROLL CALL: Mr. Buchanan yes Mr. Cardinale yes Mr. Morrison yes Mr. Paul yes Mr. Mahoney yes The vote was 5-0. Motion passed unanimously. MOTION by Morrison/Mahoney to recommend city council approve the preliminary plat for The Pointe at Chesser's Gap subdivision on 14.5 acres for 116 units with the conditions noted in the staff report. 3 f .~,~ U1 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 ROLL CALL: Mr. Morrison yes Mr. Mahoney yes Mr. Buchanan yes Mr. Paul yes Mr. Cardinale yes The vote was 5-0. Motion passed unanimously. CHAIRMAN MATTERS: Mr. Paul, as a representative of the Rotary Club, asked Ms. Grohall about the area around the Rotary Club's pier being in need of cleaning out. She said there are very specific state guidelines and they would be available to set time aside to speak with him. Mr. Paul asked about commissioners' ability to enter a property that has an application pending. Mr. Stringer said it is not standard procedure as accessory structures are generally being added to a residence and should be addressed on a case by case issue. Mr. Paul asked about the status of the Captain and the Cowboy site work. He then noted it was his pleasure working with Mr. Allocco and wished him well in his future endeavors. MEMBERS MATTERS: Mr. Mahoney read a personal commentary regarding issues that have come under public scrutiny. Mr. Cardinale agreed with Mr. Paul about Mr. Allocco. Mr. Morrison asked that Mr. Gilliams be allowed to address the commission. Damien Gilliams, 1623 U.S. 1, Sebastian, thanked Mr. Morrison for recognizing him. He commented that the agenda does not have a public input segment and thought it should. He mentioned he was looking to develop another marina on Indian River Drive and asked if parking, drainage and landscape be required. Ms. Bosworth said yes. He commented he was not in favor of the outcome of Mr. Allocco's removal from the board. He asked about the status of the resolution for electrifying his docks. Mr. Stringer said he is working on a total resolution rather than a "piece-meal". Mr. Morrison expressed his opinion of the city council and Mr. Allocco's removal. DIRECTOR MATTERS: Ms. Grohall informed the commission that Mr. Keough's term expires November 1 and he sent an a-mail stating he would not be seeking another term. The city will be soliciting applications for planning and zoning board members. ATTORNEY MATTERS: In answering Mr. Paul, Mr. Stringer said they are not only legislative but also judicial in their functions and cautioned them that some public comment could compromise the commission's decisions in the future. Mr. Paul asked staff about having agenda items in the back of the room for review and Ms. Bosworth said it is scanned and available through the website. Also, the notices have a statement regarding where and when packet information can be viewed. Mr. Paul adjourned the meeting at 9:48 p.m. (10/8/07sb/) \~~ 4 • N4/P2/2FH7 16:33 7723888248 CITY rJF SEBASTIAN lT~ Y ~S~T~W City of Sebastian ~x~MFflF~,~~AH,s~~~ Development order Application PAGE 0812 Permit Appiicatian Na. Q iicant !f not owner, written au th or iz ation notarized from owner is re aired ~ ~ f ~ Address: _ Phone Number: (~~ ~ Z~i I -; f 2 i D l FAX Number: (~i ) ~~ - ~2 i ~ . E-Mail: ~-CUYC~ 1~ ~ 'C~~JI .C~J~1 Owner If different from a licant Name:. .Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: ---- ~. Title of permit or action r®quested: QD~ f F~G~i PLEASE COMPLETE ONLY THOSE $ECTIQNS WHICH ARE NECESSARY FpR THE PERMIT OR AGtiQN THAT YOU ARE REQUESTING. COPIES OF ALL- MAPS, SURVEYS,; DRAWINGS, ETG. SHALL BE ATTACHED ANi) $-1/~" BY;.'! 9" COPIES OF ANY ATTACHMENTS '.. :. . SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUpPLEMETAL INFORMATION FORM. A. ProjQCt Nanne (if applicable): C!c~ ~ ~ ~ ~~~D , (Yll ~` B: Site int'ornnation Address: Lot: Block: Unit: subdivision: ~~ ~~ ~ . Indian River Gounty Parcel #: _ Zoning Classificatfan:.. ~ 2-~ 'tl ~ Future Land Use: ~ ~~~ '- - ~ Existing Use: ~~~ Proposed Use: ~U~ C. Detailed descrlptlon of propt~sed acttvi and pu ose Qf the re uest® permit o~ elc~ion (attach - extra sheets If nec®ssarv): ~~f1~1'(~C ('i>i l (`~~ 11(~ ~;1'll,~(~ t 1 ~~1 =-{'~`li`Yll~~ - _ .. _. ~~Y~~Y`~ 1tir~ 12~ ~P11~11 ~ ('C)~~Y~J~~ C'117~11~11 ,~ ~r~-~~~ .Y ~t~l ~ ~,I-_- .~~Y~nvur~~~ ~it~~mS C;~ wilt hayPJ ~~ I~ ~i~IC1~nCi5 ,,. _ ~ - ~h DATE RECEIVED: ~' /30 / O-? (;EE PAID: !5a0. cs•C7 F2ECEIVED : =" - - ~ ~~ ~ ~, . ~+ _ _ _. ~` .~~~. SY Ca ~~~ ~ .. ~ ~~~~~~~y ~ a ~s~+~,-,, ~ ' ej ~ r_~ . t ~. ~. i i~4/02/2007 16:33 /723888248 CITY OF SE$ASTIAN PAGE 09/12 ~~ -LYa~i!~ ~ '~~~I~l~ J ~~ ~ ~ 8E=1NG FIRST DULY-5WOt~N, DEPOSE AND SAY THAT: ~ i AM THE OV1lNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESGRISED WHICH IS. THE SUBJECT .MATTER OF THIS APPLI AND TMlAT ALL THE INFORMATaON, MAPS, DATA ANDlOR SKETCHES PROV14FD !N 7HI5 APPLICATION ARE a URA T BEST OF MY KNOWLEDGE AND 6ELtEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO tS PERSONALLY KNOWN TO ME OR P_RODU D I AS IDEN7tFICATION, THIS - DAY OF " NOTARY'S SIGNATURE '~ PRINTED NAME OF NO'I-ARY - ' COMMISSION NO:/EXRIRATION - SEAL? ip~-"''~ PahiciaA Cordie - '3 ~ ~ MY Commission DD320448 a w~ Expir@s June 14, 2008 '\~ \ _ Permit Application No- ' @4102/2067 16:33 7723888248 CITY OF SEBASTIAN PAGE 10/12 Permit Application No.__.. The fatfowing fs rvquirvd for atl comprvhansive plan amvndmvnfs, zoning am4ad~e>Iats (including r+s~Qltaing), eft• plans, condittonaf use pQrmltss spe~tal a$e perrnita, variances, ax~elpt(ons, and appeals. I1WE, _/~ THE OWNER(S~ / _ THE LEGAL REPRESENTATIVE OF TWE OWNER(S) OF THE PR ERTY DESCRBED WHICH 1S THE SUBJECT OF THIS APPLICATION, HEREBY AUTWORI2E EACW AND EVERY MEMBER OF THE _~~1 r C $OARD/COMMISSION OF THE CITY QF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIF HE' PROPER CONNECTION WITH MYIQUR PENDING APPLCATIQN. I/WE HEREBY WAIVE. ANY OBJECTION OR .DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTEI2tN~, OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAI MY/OUR PROCEDURAL OR $u8$TANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIQLATED QY SUCH ENTERING OR VIEWING. THIS W ER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTAR-LY AND NOT A$ A RESULT OF ANY COERCION APPLIED, OR PR rSE DE, BY A] Y PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF'fWE CrrY OF SE6ASTlAN. ~i'--a ~ -v~' SIGNATURE IaATE Swom to and subscribed before me by ~~~~~~~ ~ ~ ~a,,o Ic who is personally known Eo me or producecN as 1 en I Ica Ion, Is __..__ ay of , 20 Notary's Signature Printed Name ofi Notary p Commission No./Expiration p Seal: ~°1 "k.. Patricia A Cadie ~ X +.~P' My Commission DD3204g8 xpires June 14, 2008 ~~~ E~4/62/2667 16:33 7723888248 CITY OF SEBASTIAN PAGE 11/12 Permit Application No. arv~~ ~~~~~~ HOME OF PELICAN ISLANCf Supplemental lnformatian Preliminary Plat Approval 1. The following information is required on all preliminary plats: a. A vicinity sketch showing the location of the boundary lines and distance of the land proposed for the subdivision in reference to other areas of the city. b. A north arrow, graphic scale, and da#e of preparation. '/ c_ The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. d. The names, alignment, and width of all existing and proposed streets, alleys, rights-of--way or easements adjacent to or within three hundred (~00) feet of the proposed subdivision including name, right of-way width, street or pavement width, and established center line elevation.. Existing shree#s shall be dimensioned to track boundary. e. All existing-and proposed property fines, easements and rights-of-way, their purpose, their effect on the propemr to be subdivided, and the proposed / layout of lots and blocks. f. Access points to collector and arkerial streets showing their compliance to access requiremen#s. / g. All existing drainage facilities. h. Existing and proposed utilities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract, The preliminary plat shall contain a statement that all utilities are available and have been coordinated with the required utility departments. ~,~ i. Site for proposed parks, recreational areas and schools. j. The location of any temporary structures or permanent structures having a / temporary use_ ~! k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. ~1. Permanent reference markers shall be shown. ~ti X4/02/2007 16:33 7723888248 CITY OF SEBASTIAN rAUt 1L(1'1 Permit Appligti0rl N0. / 2. Attached the following: a. Six copies of the preliminary plat. (Two sets must be sealed.) Jb. The name, address and telephone number of the mortgage holder or any other person having a legal equitable or benet-iCial interest in the land together with a statement from such that they will join in the dedication of the proposed subdivision. ,~c. A surface water drainage facilities plan cerkified by an engineer registered in / the State of Florida. / d. A land survey with complete legal description prepared and certified by a ~/ registered surveyor_ ~/ e. A traffic impact analysis, if required_ l~"0 ~ ,~~tpvi~l~C~ L~~n ~ec~-P+~ `~ f_ An erosion/sedimentation control plan. `~ g. A contour map showing ground elevations at intervals of not more than one foot of the area to be subdivided and of a perimeter strip at least fifty (50) feet and up to one hundred and fifty (150) feet in width around the area. / h. A statement concerning required potable water improvements, wastewa#er improvements or on~site wastewater disposal data. i_ A schedule for multiple phases, if appropriate. j. A list of the names and addresses of all owners of parcels of real property within three hundred (~00) feet of the parcel to be considered. ~~3 ~~ ~ ~ w N ~ ~ ~_ ~ m m m ~ D z r r r ~ 7D ~ ~ ~ ~ ~ m z z z rn r ~ ~ ~ ~ m ~ 'Do r-°- ~ ~ ~ m Q ~ Z Z ~ ~ D m m ~ ~ D X D ~ ~ z rn rn = ~ rn = o o z °~ c O o z z D ~"~ Z ~°n 2 ~ ~~ (~7 N°o z o ;~D rn _~ m v C ~ i = <~o~ O o;,~ ,~~ m =m~ ~ -C s D m z r o m -~ ~ m (n ~~ m m ~ rn ~ ~ Z ^n n C ^m z' ~ m~ ~ o Z z rv2 CZ ~ `~ ~n_~7D~ ~ p ~ n g ~ ~_ ..,_ t / ~~ mm ~< V m~~ ~ z A y D ~ Z ~~ o~ r rn ~r~-oo-op ~ ~ m~ Z m z ~ n N31 LuW rn ~ ND~DL ~ D ~ m rn ~ ~ ~ \ / wo ~° D p o~ ~Z ~ ~ ~ ~, ~ rn m ~zz ~ D W = w < Z ~ D °~ r ~0~~ ~ m ~' ~ -~ o~ wm ~ ~~~~= ~ ~ m 0 o z (~ o D rn ~ D z ~ ~ Cn m w ~ 0o D rn ~ oo~ ~~~ A,~ ~~ ~ EXH1BiT A oo`^o-`-' ~ o ~ N ; m u -I z In z ~ ~ °N~~ v mo (L' ~m~~NO In ~ ; m 4 O `•n ~ n x C ~ D° m A C N N< Z z DyfzoT ~ - gy m ~IZO _s r w x g m i m A 00 00. z9 O v,i m i cm"o J 3l a m~ _~ 2 fn n ~ W _v' °Am "-I °~ O z G7 m Z - ~ A A ° O ~^.c° frl -~ D m"o AZ to m i'z m ~ A !^ oyo to n y m o L7 ° aJ z U+ a 1~ ; N r,~m zvm°, y z O Jn(iz~ O ° m A ~ _ ~ C ~ ~~ ~a v ~ O °.Ay°ga ~ _ m D ~ D o° m o ~ o ~ m ~ v'~'^mv O _y m v' sc~ic A ~ ~ s _z O ` ~ o r<n <"~ z m xaT ~°~ N m ~ a c 0 '-~ ~ ~~ ~ o C ~~ - i A n y z D g o y m .- t*1 ° s°v$ti xl m m ° A ° O D ~ ~ zg N ~Amnp '^ C ° C vmi vmi ° _~'~~ O m :0 ~ f'^a ~ - m A ns _ -m;o ~ ~ 3 m ~ A z og ~~~ s ~ ~ ~~ J ENGINEERING, INC. ''°~"°' °6-zss ° `"~ ° ~ ~ ~ ~ THE POINTS AT '( o®o~~ TJH REV. PER COSEB COMMENf$ a-»-07 PRELIMINARY PLAT CONSULTING ENGINEERING onAwa gC~ 2 ~, cn ~ ~ ~~ CHESSERS GAP COVER PAGE MOIA BOWLES VILLAMIZAR 8~ ASSOCIATES PJB CONSULTING ENGINEERS - CA /~3~28 PHONE(]"!2)5690036 ~~ MAY 2007 5 CITY OF SEBASTIAN. 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PFR COSEB COUM ENTS 9-~ Q ~ '~ ~ CHESSERS GAP MOIA BOWLES VILLAMI & SS a~ SCJ a ~, cn ~ ~ ~ c UTILITY PLAN ZAR A OCIATES A18 u CfTY OF SEBASTIAN FLORIDA CONSULTING ENGINEERS - CA //3728 PHON E Qi2)8860035 DALE MAY 2007 3 , A X 2155-14TH AVENUE VERO BEACH, FLORIDA 32%0 (Tt21 ~>Baet~ SCALE 1'=50~-0" 6 ~Q ~~ ^^ mmcA O~ ~%S% ~a ~~ x a -- ~~ ~ ~~ ~.' ,' /~ ~ _ / ~ ~1 m ~~ ~ ~ ~ ~, j / _ ~. m i~ ' ~ ~ ~ o / _ / "~, m ~ _ yC ~ ~ ~ v„ a = % ~ o % , ~ / s \ ° ~ i ~ /~ A ~ / y o /, i ~ ~ ~ Z ~ ~ - G~ ~ m u _ ~ , ` ~~ i ~. -~ ,r ~ w m o~o~~, ~, ., ~ ~ _ ~~ ~ / /•;~~ a'~ ~ - ~ ~ l ~' `'; nc z 2L ~ i J C~ ~f, ~ C ~ ^ / cno / ~7 ~ ~. _ ~ ~ ---_ ~~ _ ~ _,` __ Z~ /,~ ~N I r'~~ f _ r~ o i r ~ ~~- _ ~ ~ a ~,~ t ' ~ ~ I ~ _ ~5 ~ _ ~ t, ~o ~ -¢.~ t ~ L _~ _ z °~~°~ a I ~ ~, _ [ i~~ _ ' xz __ ~ ~ ,. 1 '- c~ ~ )~ p t - , ! ~' ~ O i' ~' ~ \l _ ~ r 1' 1. -- jam, - __ ~y ~_ j ~'~' \ ~~ '~ / ' -~ , ~ ~ ~~ _ ~ _ BV/~ _ J/~ r~~ _ _ _ L, / f . , o ~ ~ - - __ ~~ ~_ i ~_ / '~ - ~~ / ', -- z ~ ~~ 1 -----' ~:~ ~~ -,~_~ ~ _~~ ~ \ ~ I II I ~~-__ / 1 I __ -- v so' ~aunnccn~mirr cnscuexr ~ ~ - - - - - - -- -- - - ~ -- -- - 1 l I 1 ~ ~ ~ ~m I _ I ~ --- - - - - r - - - ----- - ~ - - V W i~ _ o= S ~o A ~~ I ~~ AH ~ ~Ol O~ ~ ~„ T O •V m ~m~ '^^ 0 0 ~ n z 0 r m -n -~ TQ C '1 0 O~ .~ D Z mm DO rW cn m D C7 ZQ ~Z ~~ -p 'i nC ~~ ~m DO ~~ OC Z ~ ~~ C D Z A D m D ~ / ` j ENGINEERING INC ~"°~ o6-Z95 "~~ `"'E T ^ ° ° \ ! THE POINTE AT OFF-SITE IMPROVEMENT ~ , . Y CONSULTING ENGINEERING 2 ~R COSEB COMMENTS 9-7-~] u ~ ~ ~ CHESSERS GAP PLAN MOIA BOWLES VILLAMIZAR & ASSOCIATES a~ JMS aie e CITY OF SEBASTIAN, FLORIDA CONSULTING ENGINEERS - CA //328 PHONE (]'!2)589-0036 ~A~ AUG. 2007 6 2456-14TH AVENUE VERO BEACH, FLORIDA 32960 FA%(l>2)~1ea51~ 8C~ 7"_60~-0~~ 6 UIY OF ~,5"C .~,~ MOMS OF PE4ICM7 ISLANU Cit of Sebastian, Florida Subject: Resolution R-09-04 approving a Agenda No. ~ Q, d v2 Site Plan for The Pointe at Chessers Gap (a townhouse development) within the Chesser's Gap Commercial PUD Submittal by: City Manager er Department Origin: Growth Managemenil Purchasing/Contracting: Finance Directo . City Attorney: City Clerk: Date Submitted :January 22, 2009 For Agenda of: January 28, 2009 Exhibits: R-09-04, Staff Report, Traffic Impact Analysis approval letter, School Concurrency Availability Determination Letter (SCADL), SJRWMD Maintenance Correspondence, P & Z Minutes, Application. Under Separate Cover: Site Plan (Exhibit D), Floor Plans and Building Elevations (E), Lighting Plan (F), Trafj~c Impact Analysis Report (G), Environmental Report (H), SJRWMD Permit (I) EXPENDITURE REQUIRED: AMOUNT BUDGETED: I APPROPRIATION REQUIRED: None None None SUMMARY MBV Engineering, Inc., on behalf of Mr. Richard Jones of Chesser's Gap, LLC has filed a site plan application for The Pointe at Chessers Gap, a townhouse development, to be located on a 14.5 acre tract within the Chesser's Gap Commercial PUD. Because the project is located within a PUD, the site plan requires City Council approval. The site plan should be given consideration that it is in accordance with, or that it meets the intention of the previously approved revised conceptual plan for the PUD development. The proposed development, located on Fleming Street across from the Wave Street intersection, is for construction of 116 units in 18 residential buildings together with associated parking, water and sewer service, drainage, and landscaping. The Planning and Zoning Commission at their regular meeting on Thursday, October 4`~', 2007, recommended approval of the site plan with conditions. Because of the length of time between the Planning and Zoning Commission's hearing and City Council's review, staff requested that the Traffic Impact Analysis and Environmental Report be updated and again reviewed. Also, based on the interlocal agreement with Indian River County and the School Board, finalized in July 2008, a School Concurrency Availability Determination Letter (SCADL) was required, which is now mandatory for all residential projects in the county. RECOMMENDED ACTION Conduct quasi judicial public hearing, and move to approve Resolution R-09-04, approving the site plan for The Pointe at Chessers Gap with three conditions. ~~~ ~~ RESOLUTION NO. R-09-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE POINTE AT CHESSERS GAP TOWNHOMES WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City has received an application for site plan approval for a proposed townhouse development to be known as The Pointe at Chessers Gap; and WHEREAS, the site is located on the east side of Fleming Street, across from Wave Street and lies within the approved Chesser's Gap Planned Unit Development located at the intersection of CR 512 and Fleming Street; and WHEREAS, on October 4, 2007, the Planning and Zoning Commission recommended approval of the site plan; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SITE PLAN APPROVAL. The City Council of the City of Sebastian does hereby approve the site plan within the Chesser's Gap PUD for The Pointe at Chessers Gap townhouse development as prepared by MBV Engineering, Inc., with an engineer's stamp and signature dated January 21, 2009, as maintained on file with the City Growth Management Department, subject to the following three conditions: 1. A total of 1.28 acres of the relocated stormwater pond shall be deeded back to the Chesser's Gap PUD Property Owners -Association. after construction of said stormwater pond, and before final platting of The Pointe of Chessers Gap Subdivision occurs. 2. A "non-monotonous" color scheme for the outside building colors is required and must be approved by the Growth Management Director. iii 3. The off-site sidewalk along the west side of Fleming Street must be completed before a Certificate of Occupancy for any of the townhouse buildings can be issued. Section 2. CONFLICT. 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 Councilmember . The motion was seconded by Councilxnember and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea Coy Councihnember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 28~' day of January, 2009. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian: ~~8 Robert A. Ginsburg, City Attorney ~r ~ S~~~T1 HOME Of PELICAN ISLAND Growth Management Department Site Plan -Staff Report 1. 2. 3. Project Name: The Pointe at Chesser's Gap Townhouses Requested Action: Site plan approval for an 116-unit townhouse development Project Location a. Address: East side of Fleming Street, across from the Wave Street intersection b. Legal: Lot 5, Chesser's Gap Subdivision Phase II c. Indian River County Parcel Number: 31-38-13-00008-0000-00005.0 4. Project Owner: Chesser's Gap, LLC Mr. Richard Jones, Jr. 190 Congress Park Drive, Suite 180 Delray Beach, Florida 33445 (561) 274-4210 Fax (561) 274-4211 5. Project Agent: Todd Howder 6. Project Engineer: MBV Engineering, Inc. 2455 14t Avenue Vero Beach, Florida 32960 (772) 569-0035 Fax (772) 778-3617 7. Project Surveyor: Stuart A. Houston, PLS Houston, Schulke, Bittle & Stoddard 1717 Indian River Boulevard, Suite 202-C Vero Beach, Florida 32960 (772) 794-1213 Fax (772) 794-1096 8. Project Description a. Narrative of proposed action: MBV Engineering, Inc., on behalf of Chesser's Gap, LLC, has filed for preliminary plat approval fora 116-unit townhouse development located on Fleming Street across from the Wave Street intersection within the Chesser's Gap commercial PUD. The project consists of 18 residential buildings, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an internal road network with the primary access on ~~~ further north on Fleming Street. Proposed water service will be accomplished via connection to an Indian River County Utilities water main, and wastewater service will be provided by connection to the Indian River County Utilities sewer system. Stormwater runoff for the proposed development will be routed to retention areas within the master stormwater system for the PUD. The site consists of 14.5 acres, of which, 6.67 acres will be impervious (46.0%) and 7.83 acres will be open space (54.0%). Future development of a .91 acre recreation tract will consist of a clubhouse, swimming pool area, and possible tennis courts. ~~o b. Current Zoning: PUD-C (Planned Unit Development -Commercial) Current Land Use: CG (General Commercial) c. Adjacent Properties Zoning Current Land Use Future Land Use North: CG 512 Commerce CG Center East: RS-10 Residential LDR (Harbor Point Sub) South: PUD-C Charter School CG West: PUD-C Funeral Home CG d. Site Characteristics (1) Total Acreage: 14.5 acres (2) Current Land Use(s): vacant (3) Soil: EauGallie & Oldsmar (4) Vegetation: Scrub pines, oaks, and palms Tree survey has been provided (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Riverview park - 1.5 miles (9) Police/Fire: Barber St Fire Station - 1.5 miles Sebastian PD - 2 miles 2 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: n/a f. Conservation: consistent g. Recreation and Open Space: consistent 10. Contents of Site Plan: a. lot configuration: provided b. finished ground floor elevation: proposed - 25.00' to 25.70' each unit is 18" above crown of pavement, as required c. contours and designating number of dwelling units: Maximum density allows 8 units per acre 43,560 SF - 8 = 5,445 SF per living unit 631,620 SF(project) - 5,445 SF = 116 units allowed 116 units proposed d. square footage of site: 14.5 acres = 631,620 SF e. building coverage: proposed -137,672 SF = 21.8% (40% maximum) f. square footage of paved areas and open area: Buildings, sidewalks and pavement: 290,669 SF = 46.0% Open space 341,075 SF = 54.0% (50% minimum) g. setbacks: provided (Townhouse Standards) Required Proposed Front (Fleming Street) 25' 40' (minimum) Side (North property line) 10' 40' to 45' Between Buildings 15' 30' (minimum) 3 r~~ h. scaled drawings of the sides, front and rear of the buildings or structures: provided i. generalized floor plan indicating uses and square footage of each proposed use within each building or structure: provided j. Building exterior construction materials and color: Based on previous resolutions approving subdivisions, a "non-monotonous" color scheme for the outside building colors is required. k. building height: allowed: 35' proposed: 31.3' 1. location and character of all outside facilities for waste disposal, storage areas, or display: provided -none m. location and dimensions of all curb cuts and driveways: provided n. number of spaces with their location and dimensions: provided Residential 2 spaces/dwelling unit (116) located in driveways Required Proposed 232 232 o. details of off-street parking and loading areas (including requirements of Article X~: N/A p. all off-street vehicular surfaces available for maneuvering: provided q. surface materials: provided r. number of employees: N/A s. type of vehicles owned by the establishment: N/A t. If there is a combined off-street parking facility, required agreements: N/A u. Location of all pedestrian walks, malls, yards and open spaces: provided -Developer has also agreed to extend the existing Fleming Street sidewalk on west side of road to southern boundary area, including crosswalks at subdivision entrance v. location, size, character, and height or orientation of all signs: provided C~~ 4 w. location and character of landscaped areas and recreation areas: provided x. location, design and character of all public, semi-public, or private utilities: provided y. location, height and general character of perimeter or ornamental walls, fences, landscaping: provided -see landscape sheet z. surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided -copy of SJRWMD permit has been received aa. location of existing easements and right-of-way: provided bb. Land survey with complete legal description prepared and certified by a registered surveyor: provided cc. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: provided 11. Site location and character of use: provided 12. Appearance site and structures: a. harmonious overall design: yes b. location and screening of mechanical equipment, utility hardware and waste storage areas: N/A c. commercial and industrial activities conducted in enclosed buildings: N/A d. exterior lighting: provided - location of decorative light poles indicated on site plan sheet and separate lighting plan 13. Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design and access/egress considerations: provided b. separation of vehicular and pedestrian areas: provided 14. Traffic impacts: provided -City staff and IRC Traffic Engineering Dept have reviewed and approved the updated study dated October 2008 study. A south- bound left turn lane on Fleming Street into the subdivision will be required. 1~3 5 15. Open space and landscape (including the requirements of Article XIS: a. Name, address and phone number of the owner and designer: provided b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided c. Property lines, easements, and right-of-way with internal and property line dimensions: provided d. Location of existing or proposed utility service: provided e. Location and size of any existing or proposed structures: provided f. Location and size of any existing or proposed. site features, such as earthen mounds, swales, walls and water areas: provided g. Location and size of any existing or proposed vehicular use area: provided h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: Detailed irrigation plan has been submitted to staff and will be submitted to the building department for irrigation system permits. j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non- vehicular open space, perimeter and interior landscape strips, and required number of trees: provided k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: provided -tree survey has been provided and the site plan has been overlaid to identify trees to be preserved. m. Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided n. Height, width, type, material and location of all barriers of nonliving material: none proposed ~~ 6 o. Location, dimensions and area of landscaping for freestanding signs: provided p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: not provided 16. Required screening of abutting residential and nonresidential uses: In order to maintain stability of residential areas, multiple-family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines (Type "A" Opaque Screen). Since this multi-family project abuts a residential district, the perimeter landscape strip along the east property line must provide a Type "A" landscape buffer. This will be provided by newly-planted vegetation consisting of proposed canopy trees and Oleander understory bushes. A portion of the master stormwater system and existing landscaping between the townhouse property line and PUD boundaries will also offer additional buffering. 17. Flood prone land and wetland preservation: Existing wetland areas are to be filled as allowed by the SJRWMD permit. The size. of the wetland areas did not require off-site mitigation. 18: Surface water management: provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21: Soil erosion, sedimentation control and estuary protection: provided 22: Additional considerations: Environmental Health Department, Indian River County Utilities, IRC Fire Department, and the Building Department have reviewed the site plan also. All comments have addressed. 23. City Engineer's review: Engineering comments have been addressed. 24. Other Matters: Currently, the applicant's warranty deed shows ownership of 15.78 acres. The survey reflects an existing retention pond to be relocated to the center of the multi-family units. Once the stormwater area has been relocated, a portion of the pond, 1.28 acres, will be deeded back to the Chesser's Gap PUD POA (Property Owners Association) bringing the total residential acreage to the allowable 14.5 acres. The existing retention pond (and hence the relocated pond) is included in the master stormwater system designed and constructed for build-out of the total 58 acres of the PUD. 7 1g5 Residential development within a commercial PUD is allowed as a conditional use. Per Section 54-2-5.12(f), the Planning and Zoning Commission, with regards to Article IV, held aquasi-judicial hearing on October 4, 2007, to determine if the proposed development met all conditions, criteria, and provisions as required. The following was considered: Required Findings: a. Be so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. The residential use will not adversely affect the public health, safety and welfare of the surrounding community. The multi-family development will create a transition zone between the abutting single-family areas and the existing commercial uses. b. Does not present an unduly adverse effect upon other properties in the impacted area in which it is located. The proposed use is consistent with the intent of the surrounding zoning district and does not present an unduly adverse effect upon other properties in the impacted area. Property values and use of private property should not be diminished. c. The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties. The proposed residential use should not generate unreasonable hazards or nuisances to surrounding properties. Traffic on residential streets may be increased but not enough to increase levels of service. A Traffic Impact Analysis was completed and warranted an improvement to Fleming Street consisting. of a south-bound left turn lane at the subdivision entrance. d. Conforms to all applicable provisions of the district in which the use is to be located. The proposed use is consistent with the provisions of the PUD-C, CG, and RM-8 Townhouse regulations. e. Satisfies specific criteria stipulated for the respective conditional use described in subsection 54-2-5.12(f)(1): 1) Residential development shall be allowed along the perimeter boundaries of the proposed development as a buffer from adjacent off-site residential developments as well as from undeveloped adjacent areas off site which are zoned for residential development. The proposed site is along the eastern and northern perimeter boundaries exclusive of the PUD's master stormwater areas. 2) The total land area proposed for residential development shall not exceed 25% of the total land area of the proposed PUDIC) site. Chesser's Gap Commercial PUD is 58 acres. The proposed residential development is 14.5 acres, which is 25% of the total acreage. \~~ _ $ 3) The maximum density shall not exceed eight dwelling units per acre. Maximum density for 14.5 acres at eight units per acre is 116 units, which is the number of units proposed. 4) Residential structure types shall be compatible with surrounding residential development. See attached floor plans and architectural elevations. 5) A minimum of 50% of the total land area proposed for residential development shall be preserved as open space. The site plan proposes 7.83 acres, or 54%, for open space. f. Consistent with the Code of Ordinances and Comprehensive Plan. The proposed residential development is consistent with the Code of Ordinances regulations and Comprehensive Plan elements. The Planning and Zoning Commission, by a vote of 5-0, approved the conditional use permit for The Pointe at Chessers Gap Subdivision with one condition, that 1.28 acres of the relocated stormwater pond be deeded back to the Chesser's Gap PUD POA. An Environmental Impact Report was submitted with the application and updated September 2007 and October 2008. It was reviewed by the Environmental Planner and approved for its contents, methodology, and findings. She recommends the following conditions prior to construction activity: a} Proper demolition permits should be received from the Building Department and Environmental Health Department for the existing structures on site with regards to the abandonment of the septic systems, lead and asbestos reports, and proper abatement of the buildings which were built prior to 1978. b) All soil erosion control measurements and best management • practices should be in place before landclearing and inspected by the city environmental planner. c) If no construction activity occurs within six months from final approval of the plat and site plan, an updated environmental report will be required prior to landclearing permit issuance. In July 2008 an interlocal agreement with Indian River County and the School District was finalized, making it mandatory that all residential projects which are not defined as exempt, must receive a School Concurrency Availability Determination Letter (SCADL) from the School District before they receive approvals. This process will determine if the schools within the new subdivision's s lii~l district will be able to accommodate the students projected to be generated from the project. A SCADL was received on December 22, 2008 determining that the SSAB (School Service Area Boundary) for Sebastian does have sufficient space for students from this project. 25. Conclusion: The proposed townhouse development is consistent with the Comprehensive Plan, the Land Development Code, and PUD regulations, with conditions as noted in staff recommendation. 26. Recommendation: Staff recommends that City Council approve the site plan for The Pointe at Chesser's Gap with the following conditions: 1) 1.23 acres of the relocated stormwater pond shall be deeded back to the Chesser's Gap POA after construction of said stormwater pond, and before final platting of the Pointe of Chesser's Gap Subdivision occurs. 2) A "non-monotonous" color scheme for the outside building colors is required and must be approved by the Growth Management Director. 3} The off-site sidewalk along the west side of Fleming Street must be completed before a Certificate of Occupancy for any of the townhouse buildings can be issued. ~~~ C~ -~6~~e~i 6-r2. McrM7' ~ ~i PREPARED BY 10 ate. o DA E Yage 1 of 1 Dorri Bosworth From: Rebecca Grohall Sent: Friday, January 09, 2009 10:30 AM To: Dorri Bosworth Subject: FW: Chesser's Gap Multi-Family Project -Fleming Street F ese mai m] nt: Tuesday, December 09, 2008 9:36 AM o: a ecca Gro a Subject: Chesser's Gap Multi-Family Project -Fleming Street Public Works Department staff reviewed and approved the traffic impact study for the subject project. Based on results of the traffic impact study, a southbound left-turn lane is required on Fleming Street at the project entrance. Jeanne Bresett, Traffic Analyst Indian River County Public Works Department Traffic Engineering Division 1801 27th Street Vero Beach, FL 32960 PH: (772) 226-1326 Email: djbresett@ircgov.com ~~~ 1 /9/2009 t'age 1 of L Dorri Bosworth From: Rebecca Grohall Sent: Friday, September 28, 2007 10:13 AM To: Dorri Bosworth Subject: FW: Chesser's Gap Traffic Study -City of Sebastian Project From: Jeanne Bres ircgov.com] ursday, September 27, 2007 11:1 M To. Cc: aaronb@mbveng.com; toddh@mbveng.com Subject: RE: Chesser's Gap Traffic Study -City of Sebastian Project Indian River County Traffic Engineering staff approved the traffic impact study on September 13, 2007. A southbound left-turn lane on Fleming Street at the project entrance is required. Based on Figure 5 -Total Driveway Volumes in the traffic study, the proposed entrance will align with Wave Street to form afour-way intersection. If you have any questions, please contact me. Jeanne Bresett, Traffic Analyst Indian River County Public Works Department Traffic Engineering Division From: Jeanne Bresett [mailto:djbresett@ircgov.com] Sent: Friday, September 07, 2007 4:53 PM To: Adrian.Dabkowski@Kimley-Horn.com Cc: Dorri Bosworth; Rebecca Grohall Subject: Chesser's Gap Traffic Study -City of Sebastian Project All prior review comments have been addressed; however, we need a Traffic impact Study Executive Summary. Once I receive the summary, I will forward to Chris Mora for final approval of the traffic impact study. Based on results of the traffic impact study, a southbound left-turn lane is required on Fleming Street at the project entrance. Traffic Engineering staff request review of the construction plans for the aforementioned offsite improvement. If you have any questions, please contact me. Jeanne Bresett, Traffic Analyst Indian River County Public Works Department Traffic Engineering Division 1840 25th Street Vero Beach, FL 32960 PH: (772) 226-1326 Fax: (772) 778-9391 lq~ Friday, December 19, 2008 Indian River County School District School Concurrency Availability Determination Project Name: Pointe at Chesser Gap Date Received: 12/15/2008 Case Number: Builder Name: MBV Engineering Inc. Location: NE Corner of Wave Street and S Fleming Street Project Planned Units: # Single Family: 0 #Multi-Family: 0 # Townhomes: 116 # Apartments: 0 Additional Tax ID# 31-38-13-00008-0000-00005.0 Information: 2455 14th Avenue Vero Beach, FL 32960 GPrvir.P Area Analvcis Project Unit Yield By Type of School Yield Elem Mid High Town Homes 0.189 22 Town Homes 0.123 14 Town Homes 0.097 11 School Service Area Boundary (SSAB) Current Capacity Programmed Capacity Total Capacity Current Enrollment Vested Demand Total Demand Available Capacity Project Demand Sebastian ES 637 0 637 538 0 538 99 22 Sebastian MS 1082 59 1141 1388 0 1388 -247 11 Sebastian HS 1933 142 2075 1966 0 1966 109 14 his letter is in response to a Concurrency Determination Request for Subdivision: he Pointe at Chesser's Gap. i (This subdivision is located School Service Area Boundary (SSAB) for: (Sebastian Elementary, Sebastian Middle, and Sebastian River High Schools. i jThe SSAB does have sufficient space available to accommodate the students projected jto be generated from this subdivision. i i~~ ~ Ti~lived NU'~ 12 2QQ6 P~ t~r~h ~n~. School Impact Analysis Form Instructions: Submit one copy of completed application, location map, and applicable fee for each ne D ~ roject or building permit requiring a determination of school capacity to the applicable local government. /~ SEC u ~ Conditional School Capacity Availability Determination ~ 5 2008 ~ Q School Capacity Availability Determination Type of Application Request: 0 Reauest for Exemption By~c~.,_ ,~j J~ Proiect Information Project Name: Municipality (if Parcel ID#: (attach separate sheet for multiple parcels): ~I-~- ~~~~~1~_ ~~; 'I`~Fj,C~ Location/Address-of subjectproperty: ~ hi(n~~('-~--~-1E~f~~~~-~~c^~'~`~'~`i` (Attach vicinity location map-with Closest Major Intersection) J . F/..EM11UfT-- 5~"T Ownership/Contact Information Owner/Contract Purchaser Name(s): Mr' ~IC,1`~YC~ ,,,)(~1~~ _~~~~~'X ~~~~ ~~ Agent/Contact Person: NIBS ~y (If agent or contact information Mailing address: the District will forward all information to that person) ', ~ll Fr/ Telephone#: r.7.7Z~~~' (`~~J~ Fax: ~~2 ° ~~~ ~(~JI Development Information Current Land Use Designation ~~ Proposed Land Use Designation [!,,~'1 Current Zoning ~~j~ ,. ~ Proposed Zoning i~LD,D -- Res 1 ~c.-~n ftL c~.SE' ~.~w~p SF: gY ~ ~ ~P ~At7~~~-- Proposed # Dwelling units b * TH: ~ j~~,yy~~r~~~ y type : i) (~ MF: (rental) CASE ~~ ~ Condo: Show only the # of units for this application not the total for the development I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct est of my knowledge. Owner or Agent Signature Date /)'' ! `"dg (If applicant is not the owner of record, a le er f authorization from the property owner(s) must be included with this form at time of application submittal.) 192 Send Form to: {SEE ATTACHED LIST OF STAFF NAMES} Indian River County (Outside of a City) City of Fellsmere City of Indian River Shores City of Sebastian ivl S ~ ~cr' ~~f ~~7oj'vVc~~ `~"h G-Kcxv~ MC~r' DC~PT-. C t`Iy o F s~~sn r~U a 2S n1~iN 57~'~i° .S~3rf-s t~ ~ F~ 3 ~~ ~~ City of Vero Beach / For questions: Call /~ ® ~.. ~._ , ~® ® ~~;~~ -" Water ana ement I~istr~ct Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director ~ Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S.E.. Palm Bay, FL 32909 • (321) 984-4940 On the Internet at www.sjrwmd.com. August 16, 2006 Certified IVlail No.: 7005 2570 0009 9890 6261 Fischer Family Partnership Attn: Dr. Henry Fischer P.O. Box 780068 Sebastian, FL 32978 Re: Chesser's Gap Permit No. 4-061-18771-2 (flk/a Permit No. 4-061-0111AM) Please reference the permit number on all correspondence Dear Dr. Fischer: On June 28, 2006, the District received an application for a modification to the above referenced permit and associated surface water system. As part of the review process for said application, District staff recently performed a site inspection to monitor the status of the existing surface water management system for Chesser's Gap. Based on this recent inspection, staff observed that many areas of the surface water management system were not being properly maintained. Typically, maintenance of wet detention ponds includes regular mowing of the side slopes and removal of nuisance vegetation that may accumulate over time. Staff observed several areas of this project that were severely overgrown with nuisance vegetation. This excess vegetation may be preventing the surface water management system from properly functioning and could lead to potential onsite flooding. Please ensure that the ponds are properly maintained and that all nuisance,vegetation is removed within 30 days of receipt of this letter, and notify the District in writing once said maintenance is performed. As part of the recent review of the permit files for this .project, it appears that you never requested to have this permit transferred to Chesser's Gap Subdivision Property Owner's Association, Inc. Please be advised that until this permit is transferred to the association, Fischer Family Partnership (f/k/a Sebastian General Partnership) will remain responsible for the continued operation and maintenance of the surface water management system serving this project. Once the wet ponds have been properly maintained, you are encouraged. to submit a letter requesting the permit transfer to the association. Enclosed for your reference is the District's suggested language for initiating said permit transfer. ~`~ _ David G. Graham, CHAIRMAN John G. Sowinski, VICE CHAIRMAN Ann T: MDOre, SECRETARY Duane L. Ottenstroer, TREASURER JACKSONVILLE ORLANDO BUNNELL JACKSONVILLE R. Clay Albright Susan N. Hughes William W. Kerr Ometrias D. Long W. Leonard Wood OCALA PONTEVEDRA MELBOURNE BEACH APOPKA FERNANDINABEACH Should you have any questions, please contact me at (321) 409-2119. Sincerely, ~?~~ -~ ~_ Nathan Ottoson, Engineer II Department of Water Resources Enclosure: Suggested Language For Initiating Permit Transfer CC: John Juilian Janice Unge ~ = PDS - VPC (Compliance # 527977) Aaron Bowles, P.E. - MBV Enq~ineering, Inc. 2455 14t Avenue Vero Beach, FL 32960 11/17/2006 11:25 772778-'7 MBV ENGINEERING PAGE 02/02 "t ~~ fit. (a~l. r~s R~er -~-- Water 1V~anageme~t District Kirby R. Green Ill, Executive pireCior • David W. Fisk, Asslgtani Executlva Director • Mike Slayton, Deputy Executive Director Jphrt Juilianna, Pelm bay 5ervk:e Center Dirodor, RBgUletory 525 Community College Parkway S.E. • Palm Bay, FI" 32909 • (321) 984-4940 ~; October 1~3, 2006 On the Internet at tn+ww.sjrw+md.com, Certified Mail No_: 700$ 0704 0002 4962 T763 Fischer Family partnership Attn: Dr, Henry Fischer ! .~~~-~,~~~~p P.O. Box 780068 I Sebastian, F~. 32978 ~ ~ T 2 0 2~oii Re. Chesser's Gap ~~': ~ ___ P®nlnit No. 4-061-18771-2 (f/k!a Permlt No. ~-061~0111AM) Please reference the ermit nu bar on al! corres ondence. Dear Dr. Fischer: On October 13, 2006, District staff conducted a fiallaw-up site inspection to determine whether previously requested maintenance items had been addressed. Rased on this follow-up inspection, it does not appear that any maintenance or removal of nuisance vegetation has occurred. As previously mentioned, staff observed several areas of this project that were severely overgrown with vegetation. Specifically, District staff was unable to inspect the outfall structure in the southeast wet detention pond due to the severe overgrowth of vegetation. This excess vegetation may be preventing the surtace water management system from properly functioning and could lead to potential onsite flooding. Please ensure that all starmwater ponds are properly maintained and that all nuisance vegetation is removed within 30 days of receipt of this letter. Please notify the District in writing once said maintenance is performed. Please be advised that until this permit is transferred to the property owner's association, Fischer Family Partnership (flk/a Sebastian General partnership) will remain responsible for the continued operation and maintenance of the surFace water management system serving this project, , Sincerely, Nathan Ottoson, Engineer II Department of Water Resources CC: John JuilianrF~ Janice Ung PDS - VPC (Compliance # 527977) Aaron Bowles, P.E. ~ MBV Engineering, Inc. (~ ~ 245514 Avenue 7 ~ Vero Beach, FL 32960 QON~RNtNG BDARD David a. Graham, CHA1RMpN John Q. Sowinski, VICE CF{.gIRMAN Ann T. Moore, secRErnRy JACKSONUIr,LE ORLANDO puanO L Q1Ien5tr09r,TREgBURER R. Clay Albright Su6an N. Hughes Wllllam W. KBrr euNNr:u; JACKSON11rLLE ~~~ . RaNr': vEDFU Ometrids D. Long W. Leongfd Wood MELBOURNE BEO.~F{ APOPNA FF,RNANOINA 9t;ACH ~`~~~~ Water IVlanagement District ` Kirby B. Green III, Executive Director ~ David W. Fsk, Assistant Executive Director ~ Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S.E. • Palm Bay, FL 32909 • (321) 984-4940 December 28, 2006 Certified Mail No.: 7005 2570 0001 9891 4310 Fischer Family Partnership, LLC Attn: Dr. Henry Fischer P.O. Box 780068 Sebastian, FL 32978 Re: Chesser's Gap Permit No. 4-061-18771-2 (f/k/a Permit No. 4-061-0111AM) Please reference fhe permit number on all correspondence. Dear Dr. Fischer: On December 28, 2006, District staff conducted afollow-up site inspection to monitor the status of the ongoing maintenance of the surface water management system serving the above referenced project. It appears that all nuisance vegetation within the small pond to the south of Fleming Street has been removed. Your cooperation in addressing this item is greatly appreciated. As previously requested, the disturbed areas of the pond slopes should be stabilized as soon as possible. Stabilization of the slopes with vegetative cover will help to prevent erosion problems and unnecessary sediment accumulation within the ponds. Additionally, the soil stabilization will also help to prevent potential state water quality violations. For a project of this nature and size, please consider the use of sod or "hydro-seed" for stabilization purposes. Please stabilize all disturbed areas of each wet detention pond serving Chesser's Gap within 15 days of receipt of this letter. As soon as you have addressed this issue, please notify the District so that staff may conduct afollow-up site inspection. Please note there is a wetland that is adjacent to the pond that is centrally located within the current in-house application project area. The majority of this wetland was cleared during the cleaning activities of the pond. Please do not place sod or grass seed within the wetland in order to allow natural recruitment of wetland vegetation to occur. The wetland area is visually staked in the field. Once all pond slopes have achieved a healthy vegetative cover, the District will then proceed with the permit transfer to the Chesser's Gap Subdivision Property Owner's ~~ Association, Inc. GOVERNING BOARD David G. Graham, CHAIRMAN John G. Sowinski, VICE CHAIRMAN Ann T. Moore, SECRETARY Duane L. DttenStroer, TREASURER JACKSONVILLE DRLANDO BUNNELL JACKSONVILLE R. Clay Albright Susan N. Hughes William W. Kerr Ometrias D. Long W. Leonard Wood OCALA PONTEVEDRA MELBOURNE BEACH APOPKA FERNANDINABEACH (19Fi All disturbed side slopes must be stabilized with vegetative cover. The side slopes and disturbed areas must be stabilized in order to prevent erosion and degradation of water quality. Feel free to contact me at (321) 409-2110, should you have any questions. Sincerely, _..- j~ Nathan Ottoson, Engineer II Department of Water Resources CC: PDS - VPC (Compliance # 527977) John Juilianr~ Janice Unger Karen Garrett-Kraus Karen Boles Aaron Bowles, P.E. - Rebecca Grohall MBV Enq~ineering, Inc. 2455 14t Avenue Vero Beach, FL 32960 - City of Sebastian 1225 Main Street Sebastian, FL 32958 I9q PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARINGS -CONDITIONAL USE PERMITS - MODEL HOME RENEWALS: 1. 1473 Barber St. - CEMCO 2. 100 & 102 Carlisle Way -Burgoon Berger Construction Corp. Mr. Paul opened the hearing and swore in staff and anyone to speak. Ms. Bosworth reviewed both applications and suggested the commission make two separate motions. There have been no code enforcement violations at the CEMCO site. It meets all requirements and staff recommends approval. The other two model homes are in the Sebastian Crossing subdivision off CR 512. There have been some concerns with their off premise signs however, they have now gotten back on track with what is allowed by code. Staff also recommends approval of these model home renewals. Damien Gilliams called out from the audience inquiring about general public input. Mr. Paul said each quasi-judicial hearing on the agenda allows for public input on those particular items. There were no other comments from the public. The commission had no questions or concerns. MOTION by Morrison/Buchanan to approve the conditional use permits for aone-year period for CEMCO at 1473 Barber Street and Burgoon Berger at 100 & 102 Carlisle Way. ROLL CALL: Mr. Mahoney yes Mr. Morrison yes Mr. Buchanan yes Mr. Cardinale yes Mr. Paul yes The vote was 5-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - CONDITIONAL USE PERMIT - RESIDENTIAL DEVELOPMENT IN A COMMERCIAL PUD -THE POINTE AT CHESSER'S GAP TOWNHOUSES - FLEMING STREET Mr. Paul opened the hearing and asked for any ex parte communication. He mentioned that one of the presenters, Todd Howder, is his neighbor. Mr. Paul swore in all that were to speak. Doug Vitunac, attorney for Richard Jones, presented the application. He explained that the residential use would be less intrusive to the neighborhoods than the commercial use currently allowed. Ms. Bosworth explained the specific criteria for conditional use. Staff recommends approval with the condition that the 1.23 acres be deeded back to the Chesser's Gap POA after construction and before final platting. The commissioners asked questions about scrub jays, traffic, and site conditions. No one spoke in favor of the project. The following were opposed: Bruce Lee, 103 Harbor Point Dr. Maureen. Mathewson, 108 Harbor Point Dr. Patricia Keller, Collier Creek Estates Larry Ferrie, Harbor Point Drive ~~ 0 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 Robert Johnson, Easy Street Eleanor Lee, 1.03 Harbor Point Dr. Damien Gilliams, 1623 U.S. 1 Mr. Vitunac offered rebuttal of the public comments and read case law as it relates to conditional use permit approval. Mr. Howder reviewed the traffic study and sewage calculations. MOTION by Morrison/Buchanan to approve the conditional use permit for residential development in a commercial PUD by The Pointe at Chesser's Gap Townhouses with the condition noted in the staff report. ROLL CALL: Mr. Paul yes Mr. Mahoney yes Mr. Cardinale yes Mr. Buchanan yes Mr. Keough yes The vote was 5-0. Motion passed unanimously. There was a five minute break. The meeting resumed at 9:00 p.m. and all commissioners were present. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -SITE PLAN - x-~r THE POINTE AT CHESSER'S GAP TOWNHOUSES - FLEMING STREET - ~'~` CHESSER'S GAP, LLC - PUD-C ZONING DISTRICT PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT -THE POINTE AT CHESSER'S GAP SUBDIVISION - 14.5 ACRES -116 UNITS Mr. Paul opened the hearing and swore in staff and all wishing to speak. Ms. Bosworth asked that the site plan and preliminary plat be reviewed together however; the commission should make separate motions for recommendation to city council. She then went over the staff reports and recommendations. She reviewed the conditions for approval. Todd Howder, MBV Engineering, said no residential buildings would abut the crematorium at Seawinds. The commissioners discussed building colors, traffic and school bus route. MOTION by Morrison/Mahoney to recommend city council approve the site plan for The Pointe at Chesser's Gap Townhouses, Fleming Street with the conditions noted in the staff report. ROLL CALL: Mr. Buchanan yes Mr. Cardinale yes Mr. Morrison yes Mr. Paul yes Mr. Mahoney yes The vote was 5-0. Motion passed unanimously. MOTION by Morrison/Mahoney to recommend city council approve the preliminary plat for The Pointe at Chesser's Gap subdivision on 14.5 acres for 116 units with the conditions noted in the staff report. 3 ~~~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF OCTOBER 4, 2007 ROLL CALL: Mr. Morrison yes Mr. Buchanan yes Mr. Cardinale yes The vote was 5-0. Motion passed unanimously. CHAIRMAN MATTERS: Mr. Mahoney yes Mr. Paul yes Mr. Paul, as a representative of the Rotary Club, asked Ms. Grohall about the area around the Rotary Club's pier being in need of cleaning out. She said there are very specific state guidelines and they would be available to set time aside to speak with him. Mr. Paul asked about commissioners' ability to enter a property that has an application pending. Mr. Stringer said it is not standard procedure as accessory structures are generally being added to a residence and should be addressed on a case by case issue. Mr. Paul asked about the status of the Captain and the Cowboy site work. He then noted it was his pleasure working with Mr. Allocco and wished him well in his future endeavors. MEMBERS MATTERS: Mr. Mahoney read a personal commentary regarding issues that have come under public scrutiny. Mr. Cardinale agreed with Mr. Paul about Mr. Allocco. Mr. Morrison asked that Mr. Gilliams be allowed to address the commission. Damien Gilliams, 1623 U.S. 1, Sebastian, thanked Mr. Morrison for recognizing him. He commented that the agenda does not have a public input segment and thought it should. He mentioned he was looking to develop another marina on Indian River Drive and asked if parking, drainage and landscape be required. Ms. Bosworth said yes. He commented he was not in favor of the outcome of Mr. Allocco's removal from the board. He asked about the status of the resolution for electrifying his docks. Mr. Stringer said he is working on a total resolution rather than a "piece-meal". Mr. Morrison expressed his opinion of the city council and Mr. Allocco's removal. DIRECTOR MATTERS: Ms. Grohall informed the commission that Mr. Keough's term expires November 1 and he sent an a-mail stating he would not be seeking another term. The city will be soliciting applications for planning and zoning board members. ATTORNEY MATTERS: In answering Mr. Paul, Mr. Stringer said they are not only legislative but also judicial in their functions and cautioned them that some public comment could compromise the commission's decisions in the future. Mr. Paul asked staff about having agenda items in the back of the. room. for review and Ms. Bosworth said it is scanned and available through the website. Also, the notices have a statement regarding where and when packet information can be viewed. Mr. Paul adjourned the meeting at 9:48 p.m. (10/8/07 sbl) a~~2 4 City of Sebastian Development Order Application Permit Application No. A licant if not owner, written authorization (notarized) from owner is required) Name: Chesser's Gap, LLC - Mr. Richard S. Jones, Jr. Address: 190 Con ress Park Drive, Suite 180; Delra Beach, FL 33445 Phone Number: 561-274-4210 Fax Number: 561-274-4211 E-Mail: patcordie(a~aol.com Owner (if different from ap licant Name: Same as a licant Address: Phone Number: ( Fax Number: E-Mail: Type of permit or action requested: Site plan PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 1/2" x 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM. A. Project's Name (if applicable): Chesser's Gap Multi-Family B. Site Information Address: 699 Sebastian Blvd. Lot: Block: Unit: Subdivision: Chesser's Ga Indian River County Parcel # : 31-38-13-00000-1000-00001.5 Zoning Classification: Future Land Use: PUD-C/RM-8 P LG- Existing Use: ~~,~~_ Proposed Use: -~~~ou-sE D~~~~' C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Construction of 116 unit multi-family complez with clubhouse, stormwater ond, and applicable utilities. DATE RECEIVED: ~ f~3~brr FEE PAID: $(~•~ RECEIVED Bl~: Form CD-2001 Pa e 1 of 3 Development A plication Ap roved: 08-27-97 Revision: File Name: DOA a~~ D. Pro'ect Personnel: A ent: N/A Name: Address: Phone Number: ) Fax Number: E-Mail: Attorne N/A Name: Address: Phone Number: Fax Number: E-Mail: En ineer: Aaron J. Bowles, P.E. Name: MBV En ineerin ,Inc. Address: 2455 14th Avenue, Vero Beach, FL 32960 Phone Number: 772-569-0035 Fax Number: 772-778-3617 E-Mail: mbven mbven .com Surve or: Mr. Stuart Houston Name: Houston, Schulke, Bittle & Stoddard, Inc. Address: 1717 Indian River Blvd., Suite 202C; Vero Beach, FL 32960 Phone Number: 772-794-1213 Fax Number: 772-794-1096 E-Mail: I, Richard S. Jones. Jr. ,BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION AR CCURATE AN TO THE B F MY KNOWLEDGE AND BELIEF. d6 Sig ature Dat Sworn to and subscribed before me by ~t~~(C~ ~ s 1~~5 ,~ ~~ Who is:personally known to me or produced as identification, this l ~j day of ~~.;(~ , 200 (p NOTARY'S SIGNATURE `~ (~ - , ~ ~~ ~, ' ~~~~, PRINTED NAME OF NOTARY ~~~~`"-"''~ JESSICA HANlKINS COMMISSION NO./EXPIRATION =~a~ "``~: *; *- MY COMMISSION # DD 27G715 SEAL: =;~o EXPIRES:October22,2006 '~~., o ~~ ;,°.p'~~ Banded Thru Notary public Underwriters Form CD-2001 Pa e 2 of 3 Develo ment A lication Ap roved: 08-27-97 Revision: File Name: DOA °~ The following is required for all comprehensive plan amendments, zoning amendments (inlcuding rezoning), site plans, conditions use permits, special use permits, variances, exceptions, and appeals. INVE, ,THE OWNER(S) X THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zoning BOARD/COMMISSION OF THE C-TY OF SEBASTIAN (THE BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE INVE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY,. INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Si ature Date Sworn to and subscribed before me by Who is personally known to me or produced ~iC~~-~.~ S Jc~r~es ~~ . as identification, this ~~ day of ~L~~ , 200 (~~ np ~~~ NOTARY'S SIGNATURE Ui `~ PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION °~Y ~'~'• JESSICA HAWKINS SEAL: =_°•' ""~~: *: .._ MY COMMISSION # DD 270715 ~a EXPIRES: October 22 2006 '~%~;orF.°Q` BondedThruNotaryPublicUnderwriters Form CD-2001 Pa e 3 of 3 Develo ment A lication Ap roved: 08-27-97 Revision: File Name: DOA C~S~ Supplemental Information Permit Application No. Site Plan Approval X 1. Site size in acres or square foot: 15.78 ac. X 2. Area of impervious surface in square foot: 269,420 SF X 3. Area of pervious surface in square foot: 417,957 SF X 4. Attached the following: X a. Six copies site plan with lot configuration, finished ground floor elevations, contours designating number of dwelling units, and setbacks to scale indicating compliance regulations. (Two sets must be sealed.) X b. A scaled drawings of the sides, front, and rear of the building or structure, generalized fl~ plan indicating uses and square footage of each proposed use within each building structure, building exterior construction material and color, and building height. X c. A surface water drainage facilities plan certified by an engineer or architect registered in State of Florida. X d. A land survey with complete legal description prepared and certified by a surveyor. NIA e. A traffic impact analysis, if required. X f. An erosion/sedimentation control plan. X g. A copy of the landscape plan to meet the requirements of Article XIII, Land Regulations, and Article XIV, Tree Protection, of the Land Development Code. X h. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and address of the corporation and principal executive officers will be sufficient. Form CD-2019 Pa e 1 of 2 Site Plan A roved: 08-27-97 Revision: File Name: Sisite I a~?J X i. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. X 5. The following information is required on all site plans: X a. Location of the site plan and describe the character of all outside facilities for disposal, storage areas, or display. X b. Locate on the site plan and show the dimensions of all curb cuts and driveways, including the nummer of spaced with their location and dimension, details of off-street parking and loading areas, all off-street vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establishment. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. X c. Locate on the site plan all pedestrian walks, and height or orientation of all signs. X d. Locate on the site plan and describe the character of landscaped areas and/or areas. X e. Locate on the site plan and describe the design and character of all public, semi-public, private utilities such as water and wastewater disposal facilities, underground or overhe electric lines, gas transmission lines, or other similar facilities or services. X f. Locate on the site plan and describe the height and gernal character of perimeter o ornamental walls, fences, landscaping, including berms and other required screening devised, and any other plans for protecting adjacent property owners. X g. Locate on the site plan existing easements and rights-of-way. 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GN7E ,_~ ~ ,~, ~ ~ EROSION AND SEDIMENT ~~(jp CONSULTING EN GIN EEF2~IVG JMS ~~e~~~~s ~-Raffia U ~ ~ ti a L@ ~ CH ESSERS GAP MOIA BOWLES VILLAMIZAR & ASSOCIATES aga® ® "`*~ "" `°'~ `°"""'~ O ~ ~ CONTROL PLAN CO TI S G aIB 4 o CITY OF SEBASTIAN, FLORIDA N UL N ENGINEERS - CA N372a PHONE mR>ca9.ooas OATB JUNE 2006 2458-14TH AVENUE VERO BEACH, FLORIDA 32980 FAX (]l2)n8aeae yGp~g ~"=60~-0" fi 06-395 ~4: ~ FS C ~R. >>"~3 H mn ~ o _ - gg n~ D ~ ~~i~4~~x~~ ~~~~ €~~~ ~ O O O O O llll m _ t~~ ~ " ~ ~ ~~ ~g~ a~ ~~~~ z O O O O _ a z v~~= - ~~~~~~ s~ s~~~ ~ O O O O q ~~ a"€ m ~ ~f~~ ~ ~ ~~R~ ~ g is Z y ~_ ~~ x$ n q ~ ~ gR ~ O '^ ~ _ g,~ A ~ ~~8'~F g~ ~R ~~~ i~; b ~ __1 a `A _ $g ~ a I: a n R ~_ ~ ~ ~ d z ~4 ~ D y~~ m ro r - ~ - I j 1 i } J ~ m _s _ ~~ Ro D ~ ~~~~ ~€~ m~ n ~ o ~ ~ ~ ~ ~ 11/ ~ 'A n 'm O ~ N~~ i'C _ ~~~ ~ - ~ a~g ~ qmz t ~~ o a~A A ~ oho w a~ ~ 0 1 °~.~~.<o =a m~ ~ I-~ =.>n~~ a ~i~s=~'a~ ~ I > 8g ~e w m EN ,b m z ~o o z O o ~~ a s $ ~ i a a $ ~4•-4•~ N ~, ~~ ~ x "Q: ~ r ~ a~ x I I I I 9 n s ; Z m S~ I I d Z ';'+ 8~ 8 S~ ~I 1 a 5 rn 1 A N p o w 1 1 i+ a~ a 1 1 1 o ~ R _ o b ~" d b ~ ~ _ m rlj ni ~ " :P N D ~rn ~ -4D! ~~ -^y~l ~ ~ ~ ~ ~. 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'JOB NQ C6-295 4e7E ° \ ! ,~ ~~ ~ THE POINTS AT ~( ~® TJH a6MS'°"s Ps s.an.wrn. cotetwrs i-~t-w v ~ PAVING, GRADING AND CONSULTING ENGINEERING on~wN JMS ®~2 S1kC0~C41~"ts 6-ub~ ~ ~y ~m~ CHESSERS GAP MOIABOWLESVILLAMIZARBASSOCIATES a~ AJB ®~"'~`"`0S8C0Wp1$ s~ DRAINAGE DETAILS 4 CONSULTING ENGINEERS - CA X3726 PHONE T12)560-0036 ~A~ JUNE 2006 CITY OF SEBASTIAN, FLORIDA 2455-14TH AVENUE VERO BEACH, FLORIDA 32910 PA%(n2)]'!&38t~ 5 SCALE MS 6 Y Svk o ~ - c 0 ~ s : w 1 1 `$ ~s H BLk " " ° _ a _ _ _ Y bo_ __ _ ~ _ - - g _ ~e° ~ ~~ 'ss ~ >i ~m ~ C k•a y g $ ~ J°Q ~ o S __ P ~ 4 % B ~ Y ~ mP LC LS E 8 s s ~ Y : „° ¢g ss 3 G m w i s _ i ~ =1 - L ~ m ~ _ 8° ag Y C $ &y ¢¢ s pp s i i - u$ u a ~~ l ml v g 3 _ _ _ _ I y ,ty vk Y y~ ~yl ,; o m- oa -z~ ~o g~ N~ ~m o~ $~ _n ~~ ~= a o~ >- s~ ~ o `"R r~o A N - SECTION RIS R SECTION ~ ; z -+ 5 S 3 (il e a >; ~~~_ m ~°oo L_ N ~m r~ Nm .C1 ,gym TTC \ / ..1J T1D ~AO~ D ^ ~<~D \/ oomm m m ~~~o z~~m ~~ m~ <~az D D D oD~~ ~o r ^o~z ~~~ ~X~ O' _ m oo O~ n~ ~x S° ~m ~ ~~ T~ ~ Q~ n ~ o A ~~ ~ mm 4 V ~, V n O ~n 00 ~ ^D l J O z~ ~o Tm~ N O ~~ 0 ~ z~ ~o O T~T O N O rz ~~ mm ~x D ~O D z O W 'Z O ~ppm !-] ~ ~~`c :_ _- y aom ----- H ~. ~ ~ ; z ~ 4~ r~~~o - -A r~ o m Z m o y d ~ ~ °s d ~.y ; v I ------ d v - -- - - VARIES •' h ~ m z~ a ~ ~~ . 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U) + I I `'~ ~ ~, ~ I i ., I, I O, O .~ N W A UI OI V Q1 r0 O N N W A U ~ A ~g ENGINEERING, INC. ~'°°"'~ 06-295 ~ ~~ m ° ~ ~ ~ THE POINTS AT ~ TJH ~ PER COSEB COMMENTS e-.7 _G7 „ ~ ~~ ~m ~~ UTILITY PLAN CONSULTING ENGINEERING onAtYn JMS s cn ~ ~ `-- ~~ ~ CHESSERS GAP MOIA BOWLES VILLAMIZAR & ASSOCIATES c~ AJe 4 O $ CONSVLTING ENGINEERS - CA (}3728 p1,ONE m2)589-0036 DATE JUNE 2006 5 CIN OF SEBASTIAN, FLORIDA 2456-14TH AVENUE VERO BEACH, FLORIDA ffi960 PAX (T/2)T/&3811 eCA1,E 1"=40~-0" 6 II II > A .'O G O A_ D N O Z D r Z TV N O r m Z C S S S S S 2 2 S S~ C O cp ~ V Q7 Ul A U N~ m< ~ f ~ N N N CU,.i lv Cn N O (~.~ 0 0 0 ~ N ~ Z 1 I I o I I I I I a c.~ _ N N ~ ~ (n I~ I N o I I~ W N O V~ I I I I ~ I p W A A ~.+ ~ in l ' ~ W 1 A I tm V <D O A -1 N N C/l N to N Cn Vl N N D D D D D- D D D D z z z z z z z z z z a n a n n n~ n n n ~] A .m. ~J ~1 ~ ZJ A ~ aJ C cn (n N C/I (n N N N (n N r I-~i m rn m~ m m rn m~ z s~ ~] A 31 .TmJ ~1 ~ ~ Zl ~ D D D D D D b D b D Z Z Z Z Z Z Z Z Z Z S S= 2 S= 2 S S S 0 0 0 0 0 0 0 0 0 0 r r' r m m m m m m m m m m N -~ ~~~ ~ ~ ~~~ N N N N N N U( -~ N W A U Ot V m b O N W A N STA. 7+~ } CTA 2s+ I O , ', ,. H.P. EL. O cTA,~S,``74 ~. L. P. EL. 23.OC I ~I i I~ 'I DS 7 I ~' ' STA 25+40 b i~ ~- CI? I N ' '' E ' . Q1 , ~ O ': I I ~ i O I I , ~, , u OJ I 1 ,. H.P. EL 23.E u w J ' I ~ O l I , I I N , v I I } ~ = ,u OI 3 r E I ~ I I T 9 I' I i DS ~i6L. 23.00 N \ CO . STA 27+99 } _ ___ __ OFFSET 10' L O :. I MH10 =23 O ~~ ~ ' ~I n ' ~ T 6 ~ f I I H.P. EL. 23.63 II N - ~ I ~ ~ ' I I I I I I N r I I ' ~ I j O I ~, ~ I , ~ ~ ' _ _ ' I O 14 ~." I. '., i z I I '', TS ~ t 5 . 23.00 ~. ~,, w N I I ~~ ~ ~ O I I '.. O n I } ~----r-- ~ I -_ - - 1 '. '. O ~ ', O, T +11 ~o H.P. EL 23.63 I z sI I 1 I STA 'O+SQ ~, OFFSET 10 LT 1 ' a MH9 =23.5; ~ i W I f ___ } _ __ _ O ~ A + 5 ~ O ~ L. P. EL. 23.00 - DS 74 ''i I , ~ I ~'. 5TH +4q LT `:" ' ', '~ MH =23.52 i ~ ~ 'I 1 c A 6 ~~ N ~ H.P. EL. 23.53 } I I O I i O - '. '. ~ ' - U 1 ~ ', I ', L. P. EL. 23.00 ', I DS 13 Aga W ', '. ~' O~ N W A N Ol V W <G O ~ N W A W O N N N N N N $TA 18+00/ ~ ... N W A N 01 J Ou t0 O N W A N STA 3+17.60 i. H.P. E1.=23.6 _ O ~ I i ~ ~ i STA 18+00 O , , III 1 i . o ~! MH2 TOP=23.51 I. OFFSET ti' ftT I ` ~ ~ ' Y ' t '35 LP. EL. 23.00 ~ D53 O ' - o S ~ } .- l i ' >~- - ° _. H.P. EL 23.45 i O O T I o a z a n z I II I i I :l y. f ~ ~I , , u I Im N ~' ~ A ~ b ~~ `~ I j rul W I I ',, I I I m ~ , N ! ,, ~, I I O , I I TA 5 } _ _ _ -_~ L.P. EL. 23.00 O '., ',~ ', ~ DSa O I ~. '. STA 20+23.70 ', I ! OFFSET 5.7' l7 ' '' , , MH =23.2( i a j ~ I STA20+37 ~ ~ ~ I I H P. EL 23.32 ~ . II Q f --o~ N _ ~ I W I ; 0 N ~~ j ' STA 70+00 } F- ~~ - ' I LP. EL 23.00 _~'' D56 O ~ 1 C a l O ~ I I I t ~: I o I I ( I t I O ~ I 1 ~I I ', H.P. EL. 23.58 ~8 i n~~ i ~ l I -- 0 I t END OF WATERIII N I N I I 2 BLOWOFF VAL } I O I I O ' I ~ ~ I ~ 1 I I i I I II +43 I - ~ LP EL. 23.00 I ~ ' ~, D66 I I u S z' I W } _ ~ _ ~I --L-~ ^ I, I 5 '~. I O T H.P. EL 23.52 O I 1 li ii I ~ I I ~~ I I I 1 1 1~ j~ I ~ ~ _~ I I 1, 1~ j l ~ I ~ i 1 N i '. I ' I I + ~ ~ N W A N Ot V m t0 O N N W A to O ~a _ n A - - D _ D _ n m z ~ A C ~ ~ m C m U - ~ o - - w $ e - I Ne > u U - - - mo '~ to i m ^0 0 o A ~ z 7 ~ ~ ~ a 7 a ~ ~ 7 z z 7 7 7 ~ z ~ ~ ~~ ~ ~ i ~ m ~ ~ s b 4 £ z ~ m ~ ~ m ~ ~ n n ~ ~ ~ ~ ~ ~ ~ ~ ~ n _ _ o ~ ~ ~ O Z r A ~ ~ ENGINEERING, !NC" ''°B"° D6-295 ° ~,~ ° ~ ~ ~ ~ Ti-3E POINTE AT o~ TJH PER COSEB COMMENTS 8-17-07 ~ ~ UTILITY PLAN CONSULTING ENGINEERING o~uNn JM5 ` `° ~, A ~ ~~ ~ CH ESSERS GAP MOIA BOWLES VILLAMIZAR & ASSOCIATES ~ ve 4 N ~ V CONSULTING ENGINEERS - CA //3728 PHONE T/2)5B8A036 ~~ JUNE 2006 CITY OF SEB.A511AN, FLORIDA 24$5-14TH AVENUE VERO BEACH, FLORIDA 32980 PA%(»2)»&381> S o~ < b~ ~5 r~p Z O ~ O~ ~< `m o ~ sac 0 ~° ~ ~5 >~s a o ca9 F X a D m ~~a >m Boa ~ ~ mom ~~ ~~m - pN m $ ~ m u r.i -Z v sitar ~ am Fm~Np~" vS ~ > N y ~ ~v~n mom ap6 - ~~~ o 7C W a g ~~o~ ~ . ~ ~~ m p ~p m~=g $~ o ~~ , . 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CMS a N W " CHESSERS GAP PLAN MOIA BOWLES VILLAMIZAR & ASSOCIATES a~ac® ais 1 CONSULTING ENGINEERS - CA X3725 PHONE (~l2)5890035 ATE .TUNE 2006 5 CITY OF SEBASTIAN, FLORIDA 20.55-74TH AVENUE VERO BEACH. 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D6-295 OE901l~ TJH ° PER COSE73 COMMENTS d+~ 8-17-07 ° x THE POINTS AT 1.28 ACRE ~ ~( CONSULTING ENGINEERING oRAwa 2 ~ JMS ~ w CHESSERS GAP CONVEYANCE PLAN MOIA BOWLES VILLAMIZAR & ASSOCIATES AJe ~ , N CONSULTING ENGINEERS - CA ~3~28 PHONE (772)seaoo3s ~~ JUNE 2006 6 CRY OF SEBASTIAN, FLORIDA 2456-74TH AVENUE VERO BEACN, PlOR10A 32980 FAx (]]2)ne-38t] ~ )"_60~-0" 6 06-295 Q nG a? 0 On ' m m w',' o O 2T ,*V mm ~+l o ~ V ro ~; ~ _ ~ - m DIID I~ J~ ~~ ~ ~ ' ~~ ~ ~~ ~~ ~~ o~, ~~ ~ ~ ~~ D f'1 ~~ 0 T~ ((1~^' y, m 0 m z "D r z ~Z ~o ~- ~~ ~~ ~, .. m I. D ~° ' i ~~ I~ ~ ~, E'a D ~ ^ R [~" ~ ~~ D ~o z m m a ~ ~ ~~ I~ m D ~~ a fm i.fi" MIN. 2, 4" MAF. S 2 ~--~ OJ ~ J- - U ~ ~ ~ 1.'N~ G ::~ O G- ~^- O O ~~ ~ l z a4mm~ Ymamma -£ m '"~~~y~n "~ -F ~~ p99 G ~~ -I ) om4~~~ ~i ~ -</~, ~~ _ .o , %1_ ~, ~ o; 3 F~ k i ~. ~~ ~ 9): ~0 s m3^'P C. 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C6-295 ~ /~^ GATE ~'° ~~ THE POINTE AT INEE N , INC. t ] ~ T„ , 0 0 ~ ~ OFFSITE 1~( cor~sul_-rlr~o EN~irvEErINC ~,~, ~N z N c,~ ~ "` CHESSERS GAP IMPROVEMENT PLAN n~ L , ~, 4 MOIA BOWLES VILLAMIZAR & ASSOCIATES AJe W Z U CONSl1 LTING ENGINEERS - CA //3728 PHONE (ll2)589-0035 DATE NOV, 2OO] 5 CITY OF SEBASTIAN, FLORIDA 2459-74TH AVENVE VERO BEACH, FLORIDA 32980 FAx(m)n&381] BD,y~ 1°=30~ 5 ~~ '~~ .- HOME OF FEL[G.AN ISiANI# AGENDA TRANSMITTAL Subject: Agenda No. ittle League Use Agreement Department Origin: City Manager City Attorney: Ap rov f r Submittal by: City Clerk: `- ~ Date Submitted: 22 J N 2009 n , Cit Mana er Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A l SUMMARY In November 2004, the use agreement between the City and the Little League Baseball expired. In conversation with Little League officials, they are now asking that the league be allowed to sell advertising space on the outfield fence as a fund raiser. In order to expedite the request, I am requesting authorization to execute a new use agreement based on the expired agreement provided in your agenda. The exception is that outfield fence advertisement is permitted. In the expired lease, advertising was prohibited. With advertising permitted, it is recommended that the City retains the right to review and approve all advertisement. This provides the City the ability to withhold approval on advertisement of alcohol, tobacco or other unacceptable products. RECOMMENDATION Seek approval from Council to modify Lease Agreement into a Use Agreement with Sebastian Little League Baseball and authorizing City Manager to execute same upon negotiation. ~~9 ~~0 ~~ - V. '~`.I This Second endment to Lease Agreement is made and entered into this __L.~~ day o 1996, between the CITY DF SEBASTIAN, r FLORIDA, a Florida municipal c ration, whose principal office is located at 1225 Main Street, Sebastian, Indian River County, Florida 32958, party of the first part (hereinafter referred to as the "Landlord") and Sebastian River Area Little League, Inc., a Florida Not-Far-Profit corporation, party of the second part (hereinafter referred to as the "Tenant"). WITNESSETH: WHEREAS, the Landlord and Tenant have agreed to amend the certain Lease Agreement entered into on ~e 24th day of October, 1990, and adogted by Resolution No. R 90-42, said Lease Agreement being between the City of Sebastian, Florida and Sebastian River Area Little League, Inc., for real property located at Barber Street Sports Complex, as follows: "Paragraphs 5(a), 6(a) of the Lease Agreement are hereby amended to change the annual lease term from "February 1 through July 31" to "December 1 through July 31". Paragraph 11(b) of the Lease Agreement is hereby amended to change the Lessor's use of the leased premises from "August 1 through January 31" to "August 1 through November 30". In all other respects, the provisions of the original Lease Agreement shall remain in full force and effect." „.. t .. IN WITNESS WHEREOF, the parties this this Second Amendment to Lease Agreement have set their hands and seals hereto, on the day and year first above written. "LANDLORD" CITY OF SEB TIAN By: Arthw L. Firtion, Mayor ATTEST: Kathryn .O' alloran, MC/AAE City Clerk (SEAL) "TENANT" SEBASTIAN RIVER AREA LITTLE LEAGUE, INC. By: ~ - Witnesses: Approved as to Form and Content: Clifton A. McClelland, Jr~ City Attorney ~- r..,. ~ ..h .. FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agree/went is made and entered into this ~ ~ day of ~~ 1993, between the CITY OF SEBASTIAN, FLORIDA, a Florida municipal corporation, whose principal office is located at 1225 Main Street, Sebastian, Indian River County, Florida 32958, party of the first part (hereinafter referred to as the "Landlord"} and Sebastian River Area Little League, Inc., a Florida Not-For- Profit corporation, party of the second part (hereinafter referred to as the "Tenant"). W I T N E S 3 E T H: AHEREA3, the Landlord and Tenant have agreed to amend the certain Lease Agreement entered into on the 24th day of October, 1990, and adopted by Resolution No. R-90-42, said Lease Agreement being between the City of Sebastian, Florida and Sebastian River Area Little League, Inc., for real property located at Barber Street Sports Complex, as follows: "Paragraph 1 of the Lease Agreement is hereby amended to add fields #3 and #4 to the "Leased Premises". In all other respects, the provisions of the original Lease Agreement shall remain in full force and effect." IN WITNESS WHEREOF, the parties this this First Amendment to Lease Agreement have set their hands and seals hereto, on the day and year first above written. -'=- :~ Y~ r ~3 r(~~ °; ~J ~~` ~_ r _... "CANOE RD" . QTY F SEBAI,ST / ? *._ onnie R. a Mayor ATTEST: f ~ ~~ Ka ryn O'Halloran, CMC/AAE City Cle ' (SEAL) "TENANT" SEBASTIAN RIVER AREA LITTLE LEAGUE, INC. BY ~ ~ ~rt.~ L•f ~ • ~Lct..~r~ ~ t-~ Witnesses: i n ~ ~,,~ ( S 1 ~ c~~ s s~,~ ~~ Approved as t Form and Content: Charl s Ian Nash City Attorney air .-~ ~ ~ LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this ~~~~ day of 199D, by and between the CITY OF SEBASTIAN, F~'I-o'rida, a F or a .municipal corporation located in Indian River County, Florida, party of the first party (hereinafter referred to as the "Landlord"y, and the SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., a Florida Not-For-Profit corporation, party of the second part {hereinafter referred to as the "Tenant"). W I T N E S S E T H; WHEREAS, the Landlord is the owner of certain real property located in the City of Sebastian, County of Indian River, State of Florida; and. WHEREAS, the Landlord has agreed to lease such real property to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease such real property from the Landlord. ' NOW, THEREFORE, in consideration of the premises, the covenants, terms and conditions to be performed as set fort hereinafter, the receipt and sufficiency of which are .hereby ,,., acknowledged, the parties hereto have agreed and do agree as follows: 1. Lensed Premises: Subject to~the terms and conditions set forth in t s Lease Agreement, and for so long as the Tenant shall continue to operate a baseball league for the area's youth, the Landlord leases to the Tenant and the Tenant rents from the Landlord the certain real property located at the Barber Street Sports Complex located in Sebastian, Indian River County, Florida, such property of the Landlord being more particularly described as Fields ~1, #2 and the refreshment standlrest room building as identified on Schedule "A" attached hereto and by this reference incorporated herein. The aforementioned real property and any improvements constructed thereon, including buildings and fixtures, shall be hereinafter referred to as the "Leased Premises". 2. Term of Lease; This Lease shall be far one nonrenewable term (here na er a "Lease Term") beginning on the date of execution of this Lease by both parties and ending on November 21, 2004, unless earlier terminated or extended as provided herein. However, .the termination of this Lease by either party shall not operate to cure any default of any of the terms and conditions of this Lease by a defaulting party. 3. Rent: The rent to ba paid by Tenant to the Landlord for the Lease Term shall consist of the sum of One Dollar ($1.o0y. The parties hereby acknowledge payment by Tenant and receipt by Landlord of said rent. ~-~ qa,~s~ ~. ~ .. 4. Additional Aent: The Tenant agrees to pay as rent in addition to a ren provided far in Paragraph 3 of this Lease Agreement, any and ail sums which may become due by reason of the failure of the Tenant to comply with all of the covenants, terms and conditions of this Lease and any and all damages, costs and expenses, including attorney's fees (both at trial and all appellate levels) which the Landlord may suffer or incur by reason of such default, and also any and all damages to the Leased Premises caused by any act or neglect of the Tenant, or its assignees or sublettees. 5. Insurance: (a) Liabilit Insurance: From February 1 through July 31 of each year ur. ng a Lease Term, the Tenant shall provide and keep in force at its own expense public liability insurance coverage with respect to the Leased Premises and all improvements made to the Leased Premises. The insurance coverage to be provided by the Tenant shall contain limits of not less than $300,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident. (b) Miscellaneous: Any policy or policies of insurance required by the Lease a a'S-be issued by one or more insurance companies authorized to engage in business in the State of Florida and the Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All such policies shall name the Landlord as an additional insured and shall contain provision for notice to~ the Landlord not less than ten (l0) days in advance of any cancellation or mat®rial change of such policy or policies. In case of failure of the Tenant to make premium payment when due, the Landlord may pay the amount of any such premiums, which amount with interest thereon from the date of payment by the Landlord shall be due and payable by the Tenant to the Landlord immediately. Copies of renewal policies for any insurance required under this Paragraph 5 shall be deposited by the Tenant with the Landlord at least ten (10) days prior to the expiration of existing policies, and upon the failure of the Tenant to do so, the Landlord may immediately purchase, for the account of the Tenant, the necessary insurance from any reputable insurance company without notice to the Tenant, and the Tenant shall reimburse the Landlord for the cost thereof within ten (10) days after demand for same by the Landlord. The Tenant shall have the right to carry the insurance provided for in this Paragraph 5, or any portions of such insurance under a blanket or comprehensive all-risk policy. 6. Use of Leased Premises: February i~ throng luJuvy 31,h the Tenant she ithavee the texclusive ~i~ 2 ,. right to use and enjoy the Leased Premises, provided, however, that the Tenant shall have the non-exclusive right to use the rest rooms, switch room, and all common areas, including, but not by way of limitation, the parking lot, spectator areas and bleachers. (b) Use of Refreshment Stand: The Tenant agrees that the refreshment s an res room u ng to be operated by it on the Leased Premises will not be operated in such a manner as to constitute a nuisance or a hazard and that in connection with the operation of such facility, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authority having jurisdiction over such facility operated in the Leased Premises. If for any reason the Tenant is unable to obtain, or once obtained is unable to continue to hold, the applicable governmental licenses or permits allowing it to operate the refreshment stand, or if the Tenant shall, for any reason, cease operating the refreshment stand, then, the Landlord shall have the right to retake possession of the refreshment stand/ restroom building and to undertake its operation or, to enter into an agreement with a third party whereby such third party shall operate the refreshment stand. Thereafter, the Tenant shall have no further right or interest in the refreshment stand/restroom building. (c) Use as Recreational Facilit : The Tenant agrees that the Leased Prem ses s a e use y a Tenant solely as a recreational facility for its members and guests. The Tenant agrees thot~the Leased Premises shall not be used for any other purpose. (d) possession and Use of Alcohol: The Tenant shall not permit the possess on or use o a co a on he Leased Premises. 7. Utilities: The Landlord shall be responsible for electricity, wa er, sanitary and storm sewer. The Tenant shall be responsible for janitor service and any other utility or service consumed in connection with the occupancy of the Leased Premises by the Tenant. 8. Affirmative Covenants of Tenant: The Tenant covenants and agrees o w w ou amen (a) Pre oration of Fields: Assume responsibility for and undertake any an a prepare ons and efforts required to be performed on the Leased Premises in order that it may be used as a playing field for the game of baseball, including, but not by way of limitation, lining, dragging, and raking of batter boxes, base lines and warning tracks. Furthermore, it shall be the Tenant's responsibility to furnish all equipment necessary to play baseball; provided, however, that the Landlord shall, upon the commencement of this Lease, furnish two sets of bases, including pitching rubbers, and shall replace said items on a yearly basis, as needed, a! j • ~i ~ when the necessity of such replacement is due to ordinary wear and tear. (b) Waste: Conduct its use of the Leased Premises in such a manner as no to be a nuisance, and shall not allow any noxious odors or vapors to be emitted from the Leased Premises. Use of explosives, flammable and/or corrosive agents and other like materials is not approved unless authorized by the Landlord in advance. Any cleaning agent apparatus will be installed and vented to the outside at the Tenant's cost and only if installation is approved in writing in advance by the Landlord. The Tenant shall not engage in activities that waste the Leased Premises. (c) Cleanin Keep the Leased Premises and- all improvements arse a •hereon in a clean and orderly state, including, but not by way of limitation, all fields and adjacent spectator areas, the announcers' stands and scoreboards, the "dugout" areas of each field, the refreshment stand, and the restrooms. Tenant's obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Leased Premises for this purpose. The Tenant's responsibilities under this Paragraph 8 (c} shall also include the duty to supply the rest rooms with toilet paper and nll other necessary sanitary items. The Tenant shall permit the Landlord's duly authorized agents to enter upon the Leased Premises and the buildings and improvements thereon erected at any reasonable time, and.from~time to time, for the purpose of inspecting end appraising the same. The Tenant shall comply with all reasonable orders, regulations, rules and requirements of every kind and nature relating tv the cleaning or orderliness of the premises, now or hereafter in effect, of the federal, State, municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be usual or unusual, ordinary or extraordinary, or to changes or requirements incident thereto, or as the result of any use or occupation thereof or otherwise, and the Tenant shall pay all costs and expenses incidental to such compliance, and shall defend, indemnify and save harmless the Landlord from all expense, and damages by reason of any notices, orders, violations or penalties filed against or imposed upon the Leased Premises or against the Landlord as owner thereof, because of the failure of the Tenant to comply. with this covenant. In the event of the failure of the Tenant promptly to perform the covenants of this Paragraph 8(c}, the Landlord may go upon the Leased Premises and perform such covenants, the cost thereof, at the sole option of the Landlord, to be charged to the Tenant as additional and delinquent rent. (d} Im rovements: The Tenant shall not cause any improvements to a ma a oche Leased Premises without the advance written consent of the Landlord. Provided, however, that this provision shall not be deemed to prevent the Tenant from performing 4 .. ~ ~ or arranging for the performance of any of its duties or exercising any of its rights under Paragraph 8. Unless otherwise agreed in writing between the parties hereto, all costs of any improvements shall be borne by the Tenant. Ail improvements made on the Lease Premises, including the construction of buildings and installation of fixtures, shall become the property of the Landlord upon their construction or installation, but shall be deemed part of the Leased Premises for purposes of this Lease Agreement. (e} Si ns: The Tenant shall net erect or maintain any sign or signs on a Leased Premises of a commercial or private advertising nature. (f) Securit Keep locked the announcers' stands and the refreshment s~an~c~t room building, including related storage areas, when such premises are not being used by the Tenant. (g) Battin Ca es: The Tenant shall have the right to install two (2) a .ng prac ce cages, provided, however, that any such cage or cages shall be installed and maintained in the area of the Leased Premises set aside for this purpose by the Landlord pursuant to its obligations under Paragraph 10 (b). The Tenant shall bear all expenses related to the purchase, installation and maintenance of such batting practice cages and shall at all times keep such cages in good condition and repair. (h) Co mpliance: Comply with any requirements of any of the constituted pu c au orities, and with the terms of any state or federal statute or local ordinance or regulation applicable to the Tenant or its use of the Leased Premises, and save the Landlard harmless from penalties, fines, costs or damages resulting from failure so to do. (i) Fire: Use every reasonable precaution against fire. and regulationsulos and e e Lan ti~ ; p~om~p~lgatedh ass hereinafter provided. (k) Surrender of Leased Premises: Upon the expiration or other terming on o s Lease, or any reason whatsoever, surrender to the Landlord the Leased Premises together with the buildings and improvements thereon erected or standing thereon and the building equipment then upon the Leased Premises, together. with all alterations and replacements thereon, in good order, condition and repair, except for reasonable wear and use thereof, and except for such damage by any taking by condemnation or exercise of the right of eminent domain. The Tenant further agrees to promptly deliver to the Landlord at its office all keys for the Leased Premises. : ~q .: ~ ~ (1) Notice of Casualt and Need for Re air: Give to the Landlord prompt wr en no ce o any acc en re, or damage occurring on or to the Leased Premises. Give to the Landlord prompt written notice of any condition of the Leased Premises requiring repair or maintenance which the Landlord has agreed to take responsibility for under Paragraph 10. (m) Vacation: If the Tenant shall vacate or decide at any time during~Fie Lease Term to vacate the Leased Premises prior to the expiration of this Lease Term, or any extension of the Lease, or if the Tenant shall cease for any period to be a not- for-profit corporation, or to utilize the Leased Premises as a recreation facility, this Lease shall immediately terminate without the necessity of any legal proceeding or other action on the part of the Landlord, and all right, title and interest in the leasehold created by this Lease shall revert and revert in the Landlord immediately and automatically. 9. Ne~cative Covenants of Tenant: The Tenant covenants and agrees thai it will do none o e o lowing things without the consent in writing of the Landlord first had and obtained: (a) Use: Occupy the Leased Premises in any other manner or for any other purpose than as above set forth. (b) Asai nment etc.: Assign this Lease or hypothecate or mortgage the same or su a he Leased Premises or any part hereof. Any assignment, transfer, hypothecation, mortgaging or subletting without the written consent of the Landlord shall be void ab initio. (c) Alterations and im rovements: Make any structural alterations, improvemen s, or a ons o the Leased Premises, except as provided herein. A11 structural alterations, additions and improvements (except trade fixtures, furniture and equipment other than building equipment) which may be made or installed by the Tenant upon the Leased Premises shall upon the making or installation thereof be and become a part of the Leased Premises and shall remain upon and be surrendered with the Leased premises as a part thereof at the termination of this Lease, unless the Landlord shall, prior to the termination of this Lease, have given written notice to the Tenant to remove the same in which event the Tenant will remove such alterations, improvements, and additions and restore the Leased Premises to the same good order and condition in which they now are. Should the Tenant fail so to do, collecting, at the Landlord's option, the cost and expense thereof from the Tenant as additional rent. (d) Mapchiner Use or operate any machinery that, in the Landlord's a i'n on, s harmful to the Leased Premises or the buildings of which the Leased Premises is a part. 6 ~~ .. ~ ~ (e} Wei hts: Place any weights in any portion of the Leased Premises eyon he safe carrying capacity. of the structure. (f} Vacation: vacate or desert the Leased Premises during the Lease Term, or permit the same to be empty and unoccupied without the permission of the Landlord. (g} Recordation: Record this Lease. If the Tenant violates this covenan~;`~Fie Tenant hereby irrevocably authorizes, empowers and designates the Landlord as its lawful attorney for the purpose of having said Lease marked satisfied of record. (h} Encumbrances/Liens: Allow any mortgage, lien or other encumbrance or secur y n Brest to be created against or attached to the Leased Premises or any building or fixture located thereon. 10. Obliga_t__ions of Landlord: The Landlord covenants and agrees tha~~~ll wi~fiou eman8: (a} Maintenance and Re air: Keep the Leased Premises and all improvemen s erec a arson n good condition and repair, including the exterior and interior structures, the roof, all plumbing, heating and electrical systems, the field lighting, score boards, fencing and backstops, "dugouts" and announcers' stands. In addition, the Landlord agrees to keep in. good condition and repair all common .areas of the Leased Premises, including the parking lot, spectator areas and bleachers. The Landlord further agrees to maintain all grass areas of the Lensed Premises, which duty shall include mowing, fertilizing and operating an irrigation system. (b} Trash Removal: Remove from the Leased Premises all trash and gar age co Iec~e"d by the Tenant pursuant to its obligation under Paragraph 8(c). (c) Battin Caf~es: The Landlord shall provide adequate space on the Lease Premises for the Tenant to install up to and including two (2} batting practice cages as permitted under Paragraph 8(g}. il. Landlord's Ri his: The Tenant covenants and agrees that the Landlor s a eve a right to do the following things and matters in and about the Leased Premises: (a) Ins action: At s11 reasonable times by its duly authorized agen °o go upon and inspect the Leased Premises and every part thereof, and/ar at its option to make repairs, alterations and additions to the Leased Premises. (b) Use of Leased Premises: Use the Leased Premises for any public purpose rom Augus 1 rough January 31 each year, ~~1 .:. s ~ provided, however, that during this period the Tenant is relieved of performing its obligations under Paragraph B. 12. Res onsibility of Tenant: The Landlord shall not in any event be respons le and`~6e Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of the Tenant and the Landlord) and damage, destruction, or loss of use of any property, including the Leased Premises (except as specifically provided otherwise herein} occasioned by any event happening on or about the Leased Premises during the period of time the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in Paragraph 6(a), except if same results from the negligence of the Landlord, its agents, servants, or employees or from natural diasters or acts of God. The Tenant shall defend, indemnify and hold harmless the Landlord from and against any and all claims, demands, suits, damages, liability and costs including attorney`s fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of the Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the maintenance, use, operation, or occupation of the Leased Premises during the period of time the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in Paragraph 6 (a) , unless due to the negligence of the Landlord, its agents, servants or employees or natural. disast rs . The Landlord shall promptly notify theaTenant of •a clam )b m ~ asserted against the Landlord on account of any such injury or claimed injury to persons or property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process, pleading or notice issued in any suit or other proceeding to assert or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to participate in such defense. It is further covenanted and agreed by the parties hereto that in no case shall the Landlord be liable under any expressed or implied covenant of this Lease for any damages whatsoever to the Tenant accruing after any act or breach of covenant for which damages may be sought to be recovered against the Landlord. The Tenant shall defend, indemnify and hold harmless the Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by the Tenant of any covenant, term or provision of this Lease. 13. Dame a to Leased Premises: Premises are amage y 'i-r'e+`or o~'he aa~ In the event the Leased r casualty not occurring ~~~~ ~ • i through the fault or negligence of the Tenant or those employed or acting for it, the parties hereto agree as follows: (a) The Landlord shall be obligated to restore the Leased Premises if the insurance proceeds. payable to the Landlord due to damage caused by fire or other casualty is sufficient to cover the costs of restoring the Leased Premises to their original condition. (b) In the event insurance proceeds payable to the Landlord are insufficient to cover the costs of restoring the Leased Premises to their original condition, and if facilities comparable to the Leased Premises are then available, this Lease shall terminate and the Tenant shall have the option to lease the comparable facilities under terms and conditions that the parties shall, at such time, mutually agree upon. (c) In the event insurance proceeds payable to the Landlord are insufficient to cover the costs of restoring the Leased Premises to their original condition and facilities comparable to the Leased Premises are not then available, the parties agree that, prior to instituting any legal action, they shall make a good faith effort to negotiate a remedy equitable to each party. (d) In the event the Landlord undertakes to restore the Leased Premises pursuant to subparagraph 13(a) above, and as a result of the damage to the Leased Premises or the Landlord's repair efforts the Leased Premises are rendered untenantable, the Lease Term shall be extended for a period of time equal to the period of time the Leased Premises remain untenantable. (e) The Landlord has let the Leased Premises in their present condition and without any representations on the part of the Landlord, its officers, employees, servants and/or agents. The Tenant hereby acknowledges that it has inspected the. Leased Premises prior to executing this Lease and that it finds the Leased Premises to be in satisfactory condition. i4. Miscellaneous Agreements and Conditions: (a) Non-Waiver: The failure of either party to insist upon strict per orb` manes'-'~ any of the covenants oz conditions to this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such covenants ar conditions of this. Lease or option, but the same shall be and remain in full force and effect. (b) Accord and Satisfaction: No payment by the Tenant or receipt by the Lan or o a esaer amount than the rents herein stipulated shall be deemed to be other than on account of the 9 ~~' • • earliest stipulated rent, nor shall any endorsement of statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and the Landlord may accept such check or payment without prejudice to the Landlord's right to recover the balance of such rent or pursue any other remedy herein. 15. Remedies of Landlord: If the Tenant: (a) Does not.pay in full when due any and all of the rent and/or any other charge or payment herein reserved, included, or agreed to be treated or collected as rent and/or any other charge, expense, or cost herein agreed to be paid to the Landlord; or (b) violates or fails to perform or otherwise breaks any covenant or agreement herein contained; or (c) vacates the Leased Premises or removes or attempts to remove or manifests an intention to remove any goods or pro ert therefrom otherwise than in the ordinary an8 usual course of business without having first paid and satisfied the Landlord in full for all rent and other charges then due or that may thereafter become due until the expiration of the then current term; Then and in any of said events, there shall be deemed to be a breach of this Lease, and thereupon the Landlord shall have the following rights: (1) To re-enter the Leased Premises and remove all persons and all or any property therefrom, either by summary dispossession proceedings or by any suitable action or proceeding at law, and repossess and enjoy the Leased Premises, together with ail alterations, fixtures, signs and other installations of the Tenant. Upon recovering possession of the Leased Premises by reason of or based upon or arising out of a defeult on the part of the Tenant this Lease shall terminate. (2) To terminate this Lease and the term hereby created without any right on the part of the Tenant to waive the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken. Whereupon the Landlord shall be entitled to recover, any and all sums due for rent, including additions to rents and damages for violation of the Tenant's obligations hereunder in existence at the time of such termination. 16. Ai~tht of Injunctive Relief: In the event of a breach or threatened~eac y e er par y of any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction and the right to invoke any remedy allowed at law or in 10 ~~~ • equity as if re-entry, summary proceedings and other remedies were not herein provided for. 17. Rights Not Exclusive; No right or remedy herein conferred upon or reserve o either party is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 18. Ri ht of Assi nee of Landlord: The ri ht to remedies here n prow a ages ns a Tenant and to enforcesalltof the other provisions of this Lease ma assignee' of this Leases, be exercised yby aany bass ghee of the Landlord s right. title and interest in this Lease in its own name, any statute, rule of court, custom, or practice to the contrary notwithstanding. 19. Remedies Gvmulative: All of the remedies hereinbefore given to a er par y an a rights and remedies given to them by law and equity shall be cumulative and concurrent. No termination of this Lease or the taking or recovering the Leased Premises shall deprive the Landlord of any of its remedies or actions against the Tenant for rent or sums due as if there has been no termination; nor shall the bringing of any action for rent or breach of covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to obtain possession of the premises. 20. Eminent Domains (a) If all or any part of the Leased Premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, the building(s) and/or improvements on the Leased Premises shall belong to the Landlord. Provided, however, that the Tenant shall be entitled to receive the compensation or proceeds awarded for the taking of the leasehold interest resulting from the institution of eminent domain proceedings. Nothing herein shall prevent the Landlord from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. (b) In the event the condemnation or taking is to such an extent that it is impracticable for the Tenant to continue its operations on the Leased Premises, and if facilities comparable to the Leased Premises are then available, this Lease shall terminate and the Tenant shall have the option to lease said facilities under terms and conditions that the parties shall, at such time, mutually agree upon. In the event comparable facilities are not then available, the parties agree that prior to instituting any legal action, they shall make a good faith effort to negotiate a remedy equitable to each party. ., ~a5 ~ • aa~ 21. Identit of Interest: The execution of this Lease or the performance o any ac pursuant to the provisions hereof shall nvt be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of a Landlord and a Tenant. 22. Notices and Re orts: Any notice, report, statement, approval, consen des gna on, demand or request to be given and any option or election to be exercised b a provisions of this Lease shall be effective only r when nmade tin writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attention: City Manager P.O. Box 780127 Sebastian, Florida 32978 Te~~ Sebastian River Area Little Lea Attention: President ~e• Inc. provided, however, that either party may designate a different address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at the address listed above. 23. Nondiscrimination: The Tenant for itself, its personal represen a ves, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenants facilities; (ii) that in the construction of any improvements on, over or under the Leased Premises and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. This provision is not intended to modify or preclude the Tenant from enforcing any of its rules or regulations concerning age requirements or limitations with respect to participation in its programs. 24. Warranties: The Landlord warrants that the Landlord has full power o execute this Lease and that it will warrant and 12 • • defend the leasehold interest created hereby against all parties whomsoever and that the Tenant, upon observing and complying with the terms, covenants and conditions of this Lease shall enjoy the use and occupancy of the Leased Premises during the Lease Term. 25. Head in s No Part of Lease: Any headings preceding the text of a severe paragrap s and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. 26. Severabilit : If a provision of this Lease Agreement is held inva s ereby agreed that all valid provisions that are severable from the invalid provision remain in effect. If a provision in this Lease Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 27. Lease Contains All A reements: It is expressly understood and agree y an a weep a par es hereto that this Lease, including the Exhibit, sets forth all the promises, agreements, and conditions or understandings between the Landlord and the Tenant relative to the Leased Premises, and that there are no promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, nd subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Landlord or the Tenant unless reduced to writing and signed by them. 28. Heirs and Assi peas: All rights and liabilities herein given to, or mpose upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Tenant" shall be deemed and taken to mean each and every person or party mentioned as a Tenant herein, be the same one or more; and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lease may be given by or to sny one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "Landlord" or the "Tenant" whether such Landlord or Tenant be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of the Tenant unless the assignment to such assignee has been approved by the Landlord in writing as aforesaid. 29. Tenant Forbidden to Encumber Leased Premises: It is expressly agree an un ere oo a wean a par es ereto that nothing in this Lease Agreement shall ever be construed as 13 aa~ • • empowering the Tenant to encumber or cause to be encumbered the Leased Premises in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of the Tenant, or any person claiming by, through or under the Tenant, shall file a lien against the Leased Premises, Tenant shall, within thirty (30) days after being notified thereof, cause such lien to be satisfied of record or cause the Leased Premises to be released therefrom by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Leased Premises by an order of a court having jurisdiction to discharge such lien. In the event the lien is not discharged as required above, Landlord may advance funds necessary to discharge the lien and recover any amounts so paid from Tenant. 30. Termination of Lxistin Lease: The existing lease agreemen a e Novem er 2i, 1984, a wean the parties hereto with respect to the certain real property owned by the Landlord located in the City of Sebastian, Indian River County, Florida, and more particularly described as the Main Street Field, shall terminate upon the completion of construction on the Leased Premises and the execution by both parties of this Agreement. The Landlord agrees that the construction of Field No. 2 shall be completed on or before January 31, 1991, and that the construction of Field No. 1 shall be completed on or before September 30, 1991. The Landlord hereby represents and warrants that the improvements to be constructed on the Leased Premises shall be built in accordance with all state or local rules, regulations or ordinances applicable to such structures. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Attest: CITY OF SEBASTIAN - By Ka r O Ha oran, W. Conyers, ayor CMC/AAE City. Clerk (SEAL) Approved as to form and co nt: . /~ C LES IAN NASH, y Attorney 14 .'• . ,` `. ~ ~ r Attest • Corpo a ere ary (corporate seal) SEBASTIAN RIVER AREA LITTLE LEAGUE, Il~C. By Pres en 15 zap