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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MAY 27, 2009 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Gillmor called the meeting to order at 6:30 p.m.
2. Rabbi Michael Bernholtz of Temple Beth Shalom gave the invocation.
3. The Pledge of Allegiance was recited.
4. 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
Staff Present:
City Manager, AI Minner
City Attorney, Robert Ginsburg
Deputy City Clerk, Jeanette Williams
Records Program Manager, Donna Cyr
Airport Director, Joseph Griffin
Police Chief, Jim Davis
Deputy Police Chief, Michelle Morris
Parks Supervisor, Chris McCarthy
MIS Systems Analyst, Rob Messersmith
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous voted of City Council members
The City Manager requested the removal of item #12F stating staff had done
more work on the hurricane debris removal contracts.
MOTION by Mr. Hill and SECOND by Ms. COY to approve the removal of item
#12F passed with a voice vote of 5-0.
Regular City Council Meeting
May 27, 2009
Page Two
The City Attorney announced the Clerk's office had requested two modifications to the
agenda, the first being item #12 A, C, D, E, F should be A, B, C, D, E (F was removed)
and the second modification was to change the dollar amount in item #12D to $51,453.
MOTION by Ms. Coy and SECOND by Ms. Simchick to approve the two modifications
passed with a voice vote of 5-0.
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.
09.088 A. Proclamation -Elder Law Month -May 2009 (Mr. Evans accepting)
1
Mayor Gillmor read the proclamation, however, Mr. Evans was not in attendance to
accept it.
Mayor Gillmor invited the public to watch for his hurricane preparedness public service
announcement on Channel 25.
09.089 B. Karen Deigl, Senior Resource Alliance -Shelter Program (no backup)
Karen Deigl, CEO, Senior Resources Association, noted the Association is the County's
community transportation coordinator and described a planned public transit shelter
program. She displayed a power point presentation depicting an increase in public
ridership with less than desirable or non-existent bus stops or non-existent. (see
attached)
In response to questions from Council, Ms. Deigl said the highest ridership right now is
the Sebastian Wal-Mart, the need for shelters or light poles would be formulated by the
number of riders and whether a concrete slab could fit in the space to make the stop
ADA compliant, the cost of a shelter was approximately $10,000 to set up and lay a slab
however, they were still gathering prices for benches and lights which depends on how
many would be ordered. She stated that there will not be advertising on the shelters to
comply with local sign ordinances and they would like to stay consistent with the Go-Line
look throughout county, and that typically they get a 50% match from private
sponsorships. Ms. Deigl said the bus goes up to the Walmart store and there will likely
be a bench since the structure itself can offer shelter.
Brief Announcements
Ms. Simchick announced the City has been declared a Tree City again.
2
Regular City Council Meeting
May 27, 2009
Page Three
7. 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 City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a
consent agenda item, he/she should request a Council Member to remove the item for discussion prior to
start of the meeting or by raising his/her hand to be recognized.
3-1s A. Approval of Minutes -May 13, 2009 Regular Meeting
09.017 B. Call Special Council Meeting for Charter Officer Evaluations for June 17, 2009 in
Accordance with Adopted Council Procedures (No Backup)
09.043 C. Dog Park Project Increase (City Manager Transmittal)
17-18
Mayor Gillmor pulled Item C for discussion.
MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve the consent agenda
minus item C.
Result of the roll call:
Ayes: Hill, Coy, Simchick, Wolff, Gillmor
Nays: 0
Passed 5-0
Item C
The City Manager explained the overrun is due to some additional clearing, missing the
fence number, outsourcing the work to free up Public Works crews for other projects, the
water line that needs to go under the road, and the addition of pavilions. He noted some
of the landscaping was eliminated to allow for irrigation.
Mayor Gillmor asked if the number still includes the decorative fencing and if the
decorative fence would be in addition to or in lieu of the chain fence. The City Manager
said number includes the decorative fence which will be on one side with chain fence on
the other three sides.
The City Manager said the original plan was to landscape the residential side of the
decorative fence but he was trying to minimize expenses.
Mr. Wolff expressed concern for lack of a landscape buffer along the decorative fence to
protect abutting residences. The City Manager suggested a chain fence all the way
around with landscaping. Mr. Wolff said the decorative fence will act as a sound and
sight barrier.
Mayor Gillmor suggesting using dirt at the airport and putting a landscaped berm
because he thought the decorative fence would blow away in the first storm.
Mr. Hill said it would be difficult to put in a berm and retain the capacity for the park; and
suggested putting the landscaping back in along the decorative wall.
Regular City Council Meeting
May 27, 2009
Page Four
The City Manager said he thought the landscaping would cost about $8,000, and the
irrigation pump $10,000, or we could go with a less expensive drip line. He requested
Council increase the budget an additional $18,000 to get it done.
In response to Mr. Wolff, the City Manager said the landscaping will be 18 feet off the
property line.
Ms. Coy suggested doing the project as recommended, then looked at it, and if
neighbors are still demanding landscaping, then we can add the landscaping. Mayor
Gillmor agreed.
Public
Joe Scozzari asked if the clearing and debris cleaning were done with recreational
funds and the City Manager said they were. Mr. Scozzari said there might be dogs that
dig under the fence and suggested putting the berm with landscaping inside the park to
keep dogs from coming through.
Elka Daniels, Director of Outreach Services with the Humane Society of Vero Beach,
stated the decorative fence will solve sound issues, is impermeable, the setback is
sufficient as the leash law will take care of digging dogs, and she agreed the landscape
could be considered later. She cautioned putting a berm inside the park because it will
give the dogs a platform to jump over.
Linda Scott said the decorative fence will prevent children from sticking their fingers
through.
Mr. Wolff said he is sensitive to the fact that the park is placed in people's backyards,
and thought the fence would be right on people's property lines giving children the
chance to put their fingers through. He pointed out the long white fence would be
monotonous and putting in landscaping will show respect to the abutting residences.
Mr. Hill agreed that the long white fence will look off kilter. Ms. Simchick said she
agreed, we are a tasteful City and are respectful of neighbors.
MOTION by Mr. Hill and SECOND by Ms. Coy to increase the dog park budget from
$20,000 to $58,000 with unallocated funds from the recreational impact fees.
Result from the roll call:
Ayes: Coy, Simchick, Wolff, Hill
Nays: Gillmor
Passed 4-1
8. 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.
09.092 A. Planning & Zoning Commission
(City Clerk Transmittal, Code, Applications, Ad, List)
19-40 i. Interview Unless Waived and Submit Nominations for One Expired Regular
Member Position
4
Regular City Council Meeting
May 27, 2009
Page Five
Mayor Gillmor asked the City Attorney how many applicants there were, and the Deputy
Clerk motioned there were three. Mayor Gillmor noted Mr. Simmons' application stated
he was also on the Code Enforcement Board and asked if it was permissible for him to
be on two boards. The City Attorney explained the Code Enforcement Board was
previously disbanded.
None of the applicants were in attendance.
Simmons. Being no other nominations, Mr
year term.
Mr. Hill and Ms. Simchick nominated Mr.
Simmons was reappointed to another three
9. PUBLIC HEARINGS -none.
10. UNFINISHED BUSINESS
09.053 A. Review Resolution No. R-09-17 -Waterfront Committee Purpose (City
41-51 Clerk Transmittal, Grant Info)
7:24 pm
Ms. Coy said her greatest concern was that the resolution doesn't quite match the grant
and its focus should be with the waterfront committee. She said the grant contract
requires a management plan which the committee could help design. She also said the
Stan Mayfield Administrative Code paragraph B defined a working waterfront as a parcel
or parcels of land used for exhibitions, demonstrations, educational venues, civic events
and other purposes that promote and educate the public about economic, cultural and
historic heritage of Florida's traditional working waterfronts including the marketing of the
seafood and aquaculture industries and this should be part of the resolution so the
Committee can meet those provisions. She suggested eliminating the current two bullet
points: "enhancement of the economy" and "prevent losses from disaster".
Ms. Simchick asked the City Attorney that since the vote was taken to fill the positions at
the last meeting could the resolution can be changed.
The City Attorney said unless rules are waived, Council can't amend the resolution
tonight and pointed out the item should have been to appoint the eco-tourism/historical
member.
Ms. Simchick said she would like to discuss filling that position.
Ms. Coy said she is prepared to fill the remaining position and nominated Lisanne
Monier as the at-large member.
Ms. Simchick nominated Vicki Christensen.
Mr. Wolff asked how Council went from changing the resolution to filling the remaining
position. Mayor Gillmor said at the last meeting he had said he wanted Ms. Coy to be
part of the process for the seventh position.
Regular City Council Meeting
May 27, 2009
Page Six
Roll call on the nominations were as follows:
Ms. Simchick -Christensen
Mr. Wolff -Christensen
Mayor Gillmor -Monier
Mr. Hill -Monier
Ms. Coy -Monier
Ms. Monier was appointed as the seventh member as at-large.
The City Attorney suggested retaining the second bullet point in the original resolution
relating to "enhancing the waterfront economy". Ms. Coy agreed.
Ms. Simchick said the motion was to leave the resolution language intact, and asked if
one of the three members who had voted in the affirmative would have to make a motion
to bring back the resolution.
The City Attorney said there was no motion to reconsider so the resolution language
could not be amended tonight but could be amended at a future meeting with proper
notice to members of the board as a whole.
Ms. Simchick said she thought there was a six month waiting period to bring something
back to Council. The City Attorney said he thought Council was relying on Roberts
Rules which allows something to be brought back with proper notice.
Ms. Coy said she couldn't find the vote in the minutes relative to changing the resolution
language by the committee. The City Attorney's response was inaudible.
Mr. Wolff asked the City Manager if circle pages 43-51 referred to the grant application,
and the City Manager said they did. In response to Mr. Wolff whether the City is obliged
to prepare a management plan, the City Manager said a management plan was required
if the City was going into the business.
John Conway, member of the Temporary Waterfront Committee, said in the grant
contract it states a management plan has to be submitted and approved before receiving
the award.
Mayor Gillmor said the answer is yes and read the sections from the pre-closing
requirements (see attached). He said he spoke to State Representative Mayfield who
suggested the Department of Community Affairs could do a teleconference with the
Committee so everyone would be on the same wavelength.
7.'48 pm There was no public input.
Ms. Coy clarified the resolution would be rewritten at the next meeting.
11. PUBLIC INPUT -None
6
Regular City Council Meeting
May 27, 2009
Page Seven
12. NEW BUSINESS
09.044 A. Award Bid to Sunshine Land Design of Stuart for Two New Basketball Courts and
53-116 Resurface Tennis Courts at Schumann Park in the Amount of $119,000 (Parks
Transmittal Tab Sheet, Bid Document, References)
The City Manager said Sunshine Land Design was the low bid and recommended
approval with some hold harmless language added as suggested by the City Attorney.
There was no public input.
MOTION by Mr. Hill and SECOND by Ms. Coy to award bid to Sunshine Land Design of
Stuart, Florida to construct two new basketball courts and resurface six existing tennis
courts at Schumann Park per bid specification for $119,000. with the suggested hold
harmless language.
Result of the roll call:
Ayes: Wolff, Gillmor, Hill, Coy, Simchick
Nays: 0
Passed 5-0
09.093 B. Award Ditch Mowing Contract to Sunshine Land Design in the Amount of
117-148 $160 000 (City Manager Transmittal, Bid Tab, Agreement, Specs, Proposal)
7:51 pm
The City Manager said the next two contracts are tied together, noting Sunshine Land
Design was the overall low bidder on the combined tasks however, if the tasks were
split, the City would receive a financial benefit. He recommended approval in two parts
with the first motion for Sunshine Land Design.
Louise Kautenburg said it is important to save money but the past company, Conlon
Mowing put forth a herculean effort and as a result no homes flooded from recent heavy
rains. She noted the workers will take their earnings back to Stuart which isn't healthy for
Sebastian's economy.
Ms. Coy commented that she couldn't agree more with Ms. Kautenburg but the budget is
squeezed and noted performance levels are built into the contract with recourse. She
thanked Mr. Conlon for everything he has done.
MOTION by Ms. Coy and SECOND by Mr. Hill to award the ditch mowing contract to
Sunshine Land Design in the amount of $160,000.
In response to Mr. Wolff, the City Manager said the contract term was three years with
opt out provisions by notice for either party.
Result of the roll call:
Ayes: Gillmor, Hill, Coy, Simchick, Wolff
Nays: 0
Passed 5-0
7
Regular City Council Meeting
May 27, 2009
Page Eight
09.094 C. Award ROW Mowing Contract to Absolute Lawn Care in the Amount of $51,453
149-175 (City Manager Transmittal, Bid Tab, Agreement, Specs, Proposal)
The City Manager said this was the other side of the issue and recommended approval.
MOTION by Mr. Hill and SECOND by Ms. Coy to award the ROW mowing contract to
Absolute Lawn Care in the amount of $51,453.
Result of the roll call as follows:
Ayes: Hill, Coy, Simchick, Wolff, Gillmor
Nays: 0
Passed 5-0
09.095 D. Professional Services Agreement for Retained Engineering Services with
177-239 Schulke Bittle 8~ Stoddard LLC• Neel-Schaffer; LPA Group, Inc.; & KSM
Engineering & Testing (City Manager Transmittal, Score Sheet, Agreement, Fee
Schedules)
The City Manager explained this item was to continue the professional relationships for
smaller scale, miscellaneous services the City may need from time to time. He said a
selection committee of himself, City Engineer, Airport Director, Public Works Director,
and Finance Director reviewed over 30 applications and recommend award to Schulke,
Bittle & Stoddard, LLC; Neel-Schaffer; and the LPA Group; and in addition a testing
contract to KSM Testing. He underscored this is not a major expense item, there is no
guarantee they will receive work but this puts on the shelf that we can get professional
assistance when we need it and with Council's acceptance, it will complete the CCNA
process.
8:03 pm Ms. Simchick asked Council to look at the following pages:
circle pages 180-181 -LPA Group scored 374.5; Kimley Horn's scored 356
circle page 212 - $125 an hour for Schulke project engineer
circle page 226 - $171 an hour for LPA engineer
circle page 239 - $100 an hour for KSM
She said she spoke to the City Manager earlier to let him know she would be in favor of
negotiating with Kimley-Horn for aviation services but the City Manager advised her that
in the interest of continuing projects with the LPA Group, Kimley-Horn could be added as
a fourth engineer to pick from in the pool.
Ms. Simchick asked Council if they wanted to award contracts to Schulke, Bittle &
Stoddard, and Neel-Schafer and have the City Manager renegotiate with the LPA Group
and Kimley-Horn or add Kimley-Horn as the fourth firm to expand our opportunities
Ms. Coy said she was not upset that Kimley-Horn was not on the list based on previous
experience.
The City Manager said when we use these companies a rate will be negotiated, there
are a few projects in the hopper with the LPA Group, and he would stick with the
Committee's recommendation but is not married to the hourly fees. He assured Council
that major projects will go to the CCNA process given the current competitive economy.
Regular City Council Meeting
May 27, 2009
Page Nine
In response to Mr. Wolff, the City Manager said the firms are rotated except for the
Airport work. Mr. Wolff commented that he would have like to see one more testing firm
for transparency sake.
Ms. Simchick said another aviation engineer would give the City options.
Mr. Hill said the City Manager must be comfortable to work within his budget, if it doesn't
work out it would be on him, and Council should allow him to work with the firms.
In response to Ms. Simchick, the City Manager said he was comfortable with adding
Kimley-Horn as the fifth firm (fourth engineer).
MOTION by Ms. Simchick and SECOND by Mayor Gillmor to approve the staff
recommendation to proceed to execute the contracts with the engineers of suggestion
by staff for the professional services and agreement for retain engineer services with the
four engineers as mentioned and to enter negotiations with Kimley-Horn at a later date.
Ms. Coy said she was very opposed to adding Kimley-Horn to the list because of bad
experiences, especially environmental experiences.
Damien Gilliams said he noticed a certain firm was absent that has done gratis work for
the City at the ballpark and suggested the City be conscientious and have the firms put
some freebies in the contract.
Ms. Simchick said she would MODIFY HER MOTION in respect to Ms. Coy to pass staff
recommendation for the four firms. Mayor Gillmor AGREED TO SECOND the
modification.
Result of the roll call:
Ayes: Coy, Simchick, Wolff, Gillmor, Hill
Nays: 0
Passed 5-0
MOTION by Ms. Simchick and SECOND by Mayor Gillmor to have the City Manager
negotiate to bring back to Council for review, negotiations for the fifth company located
in Vero Beach, Kimley-Horn that rated next in passing.
Result of the roll call:
Ayes: Simchick, Wolff, Gillmor, Hill
Nays: Coy
Passed 4-1
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13. CITY ATTORNEY MATTERS - none.
14. CITY MANAGER MATTERS -none.
15. CITY CLERK MATTERS -none.
9
Regular City Council Meeting
May 27, 2009
Page Ten
16. CITY COUNCIL MATTERS
A. Council Member Coy
Ms. Coy thanked everyone that participated in Monday's Memorial Day
Ceremony, especially Parks and Recreation. She asked for more bleachers next
year, and resolution of the microphone issue. She reminded everyone to thank
veterans all year long.
B. Council Member Simchick
Ms. Simchick noted two boy scouts had passed out Monday during the
ceremony, and the City should consider additional tree canopy at the park.
She said the Main Street project came in under budget in the third quarter. The
City Manager said it was originally $2 M but came in at $1.2 M or $1.25 M and
there are allocations to give back to CRA and transfer to other projects.
Ms. Simchick said she has received phone calls that the City was very short-
sighted in not purchasing the property opposite Coldwell-Banker and she would
like Council to consider bringing it back at a later date for the public.
B. Council Member Wolff -None
C. Mayor Gillmor
Mayor Gill displayed a picture of City's Public Works compound and said if the
City were a business coming to town we would not be allowed to proceed without
screening or landscaping. He said it is located in the CRA district and it should
be screened or landscaped, and administered by the City Manager if it comes in
under $20,000 or come back to Council if it is over.
Ms. Coy said the Mayor is absolutely right, it is an eyesore and prevalent coming
east bound on 512 and there is a property for sale that abuts this. She said she
is not sure landscape is the right solution. Ms. Simchick suggested putting the
issue on a CRA agenda.
The City Manager said he has tried to bring this up and appreciated the
discussion, said to landscape it properly would cost approximately $40-50,000 or
the compound could be moved to a new location. He said if it goes to the Airport,
he would like bring over Airport employees. He said it could also be moved
behind Friendship Park, and offered to bring back firm landscaping numbers and
relocation numbers to the next meeting, noting some numbers may need to be
shifted in the CIP planning as opposed to previously scheduled (year) 2012.
Mayor Gillmor asked if it was moved, would the buildings be knocked down. The
City Manager said if it was relocated, he would suggest knocking the buildings
down, leveling it out and marking the property for commercial development.
10
Regular City Council Meeting
May 27, 2009
Page Eleven
Mr. Wolff asked if architectural embellishments were ever considered to make it
more appealing.
Ms. Simchick asked if the LoPresti lease is up at maintenance building
suggesting some City vehicles could be moved there. The City Manager said
there isn't enough room for employee vehicles and Airport trucks.
Mayor Gillmor confirmed some hard numbers would be on the next agenda.
D. Vice Mayor Hill
Mr. Hill said he would like to revisit the economic development plan on a future
agenda.
17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:36
p.m.
Approved at fhe June 10, 2009 Regular City Council Meeting.
LiL~
Ri .Gillmor, Mayor
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VI. PRE-CLOSING REQUIREMENTS
Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real
estate transaction(s) to acquire the Project Site and final disbursement of the FCT Award, the
Recipient shall submit to FCT:
a. Supporting documentation that the conditions imposed as part of this
Agreement have been satisfied.
b. A signed statement by the Recipient that the Recipient is not aware of any
pending criminal, civil or regulatory violations imposed on the Project Site
by any governmental agency or body.
c. A signed statement by the Recipient that all activities under this Agreement
comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicable adopted and
approved comprehensive plan.
d. Additional documentation as may be requested by FCT to provide Reasonable
Assurance, as set forth in paragraph VII.4. below.
2. FCT shall approve the terms under which the interest in land is acquired pursuant to
Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executes the
purchase agreement for acquisition of the Project Site, further described in paragraph VI. l .a. above.
3. All real property shall beobtainedthrough aVoluntarily-Negotiated Transaction, as
defined in Rule 9K-9.002(42). The use of orthreat ofcondemnation isnotconsidered aVoluntarily-
Negotiated Transaction.
4. Any invoices requested, along with proof of payment, shall be submitted to FCT and
be in a detail sufficient for a proper audit thereof.
L
5. Interest in the Project Site shall be titled in the Recipient. ~
7. The transfer of interest to the Recipient for the Project Site shall not occur until the ~
requirements for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule
Chapter 9K-14, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient , ~
has complied with all Purchase Agreement requirements.
8. The deed transferring interest of the Project Site to the Recipient shall set forth the
executory interest of the Board of Trustees of the Internal Improvement Trust Fund. ~
~.
VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT
1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate
transaction(s) and final disbursement of the FCT Award, the Recipient shall submit to FCT and have ` L
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approved a Management Plan that complies with Rule 9K-9.010, F.A.C. and addresses the criteria
and conditions set forth in Articles VII, VIII, IX, X and XI herein. The Recipient is strongly urged
to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs
prior to the closing date of the real estate transaction(s) associated with the Project Site and the
disbursement of the FCT Award.
2. The Management Plan explains how the Project Site will be managed to further the
purposes of the project and meet the terms and conditions of this Agreement. The Management Pian
shall include the following:
a. An introduction containing the prof ect name, location and other background
information relevant to management.
b. The stated purpose for acquiring the Project Site as proposed in the
Application and a prioritized list of management objectives.
c. A detailed description of all proposed uses including existing and proposed
physical improvements and the impact on natural resources.
d. A scaled site plan drawing showing the Project Site boundary, existing and
proposed physical improvements.
e. A description of proposed educational displays and programs to be offered, if
applicable.
f. A schedule for implementing the development and management activities of
the Management Plan.
g. Cost estimates and funding sources to implement the Management Plan.
3. If the Recipient is not the proposed managing entity, the Management Plan shall
include a signed agreement between the Recipient and the managing entity stating the managing
entity's willingness to manage the site, the manner in which the site will be managed to further the
purpose(s) of the project and the identification of the source of funding for management.
In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the
interlocal agreement that sets forth the relationship among the partners and the fiscal and
management responsibilities and obligations incurred by each partner for the Project Site as a part of
its Project Plan.
4. To ensure that future management funds will be available for the management of the
site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F1a.Stat., the Recipient(s)
shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-9.002(19},
F.A.C., that it has the financial resources, background, qualifications and competence to manage the
Project Site in perpetuity in a reasonable and professional manner. Where the Recipient is a Non-
profit Working Waterfront Organization and does not include at least one Local Government partner,
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