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Home My WebLink About2009 Request for boundary modification CHIYOF 5EBSTIAN • Tr HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 • FAX(772) 388-8248 Ken Reecy, Community Program Manager Florida Communities Trust 2555 Shumard Oak Boulevard Sadowski Building, Suite 310 Tallahassee, Florida 32399-2100 October 15, 2009 Dear Mr. Reecy, The City of Sebastian is requesting a modification to our approved project boundaries pursuant to 9K-9.009 of the FAC. Please consider this letter a written request for boundary modification. Attached please find Resolution No. R-09-41 passed unanimously by the Sebastian City Council on October 14, 2009, to fulfill the commitments made in this request. The City formally requests that the Sebastian Entertainment parcel be removed from the City's approved boundaries. Two appraisals had been conducted, an offer was made to the owner of the parcel and the offer was rejected. The City further requests that the boundary be modified to include the Dabrowski property, located to the south of Hurricane Harbor, at 1532 Indian River Drive. This property includes a working commercial dock and several aquaculture ventures. Additionally, there is a fish house that could be improved pursuant to the original application for Stan Mayfield Working Waterfronts Grant (SMWWG) funding by the Fisherman's Landing Sebastian, Inc. (FLS) group. The FLS application was not considered for funding, since at the time of application the group had not received certification from the Internal Revenue Service as a non- for-profit pursuant to the regulations of 501c3. This corporation has since received its 501c3 status certification from the IRS. The FLS grant had been submitted as a companion project to the City's application. Furthermore, since future rounds of the SMWWG program have not been funded by the State legislature, Fisherman's Landing Sebastian, Inc. has not been able to reapply for funding consideration. This request complies with the intent and purpose of the project and furthers the goals of the SMWWG program by funding the "a" activities in addition to the "b" activities outlined in the grant application: CfUYOF BAST u HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE (772)589-5518 • FAX(772) 388-8248 a) Acquisition of a parcel(s) of land directly used for the purpose of commercial harvest of marine organisms or saltwater products by state- licensed commercial fisherman, aquaculturists or business entities, including piers, wharves, docks or other facilities operated to provide waterfront access to licensed commercial fisherman, aquaculturists or business entities. b) Acquisition of a parcel(s) 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 seafood and aquaculture industries. While approving this project would certainly further the overall goals of the program, if the request is not approved, the City will proceed with the activities approved in the grant contract for use to promote and educate the public about Sebastian's commercial fishing and aquaculture heritage. All criteria verified in the original FLS application is still applicable. Since the time of application, the FLS group has made substantial repairs to the dock at the Dabrowski property. Please let us know if we can provide any additional information. In addition to the Resolution attached, please find a willing seller statement from the estate's trustee, Herbert V. Morrison. Mr. Morrison's contact information is on the form and his email is hvmcpa@earthlink.net . Sincerely, ,---- / , a /// #, / Rebecca Grohall, AICP Growth Management Director c: Al Minner, City Manager Robert Ginsburg, City Attorney Enc: Resolution No. R-09-41 Willing Seller Statement for 1532 Indian River Drive CIY of 5EBST1AN HOME OF PELICAN ISLAND CERTIFICATION I, Sally A. Maio, MMC, do hereby certify the attached copy is true and correct of Resolution No. R-09-41 adopted by Sebastian City Council at their October 14th, 2009 Regular City Council Meeting. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING A BOUNDARY MODIFICATION AND INCREASING FUNDING ALLOCATION FOR THE APPROVED STAN MAYFIELD WORKING WATERFRONT GRANT; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. I hereby affix the seal of the City of Sebastian, this 15th day of October, 2009. 1 Sally A. ) .io, MMC City Clerk City of Sebastian RESOLUTION NO R-09-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING A BOUNDARY MODIFICATION AND INCREASING FUNDING ALLOCATION FOR THE APPROVED STAN MAYFIELD WORKING WATERFRONT GRANT; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the Florida Communities Trust, has been authorized to provide funding opportunities to local governments or non-profit entities to preserve and promote Sebastian's heritage commercial fishing industry through the Stan Mayfield Working Waterfronts grant program. WHEREAS the City has acknowledged that the purpose of the Stan Mayfield Working Waterfronts program is to further the protection and continuation of working waterfronts in the State of Florida. "Working Waterfront" is defined in the Florida Statute as: (a) A parcel or parcels of land directly used for the purposes of the commercial harvest of marine organisms or saltwater products by state-licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks, or other facilities operated to provide waterfront access to licensed commercial fishermen, aquaculturists, or business entities; or (b) 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. WHEREAS the City was awarded up to $3,163,500.00 from Florida Communities Trust on April 13, 2009, to be utilized to acquire the two parcels of land outlined in the original application fulfilling the goals of the program as outlined in part (b) above. WHEREAS the State conducted two appraisals and sent a written offer for the Sebastian Entertainment parcel, which was rejected by the property owner and no longer being considered for acquisition. WHEREAS the City now requests a boundary modification to start the acquisition process for the parcel commonly known as Dabrowski/ Offshore Marina containing a commercial dock and historic fish house. This parcel would be considered for purchase instead of the Sebastian Entertainment parcel. WHEREAS the City will commit funding to the amended project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN FLORIDA as follows: Section 1. APPROVAL. The City Council hereby expresses its support and request approval of boundary modification. Section 2. AUTHORIZATION. Authorizes the City Manager to transmit a letter with this resolution to the Florida Communities Trust program. Section 3. 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. This resolution was moved for adoption by Council Member coy . The motion was seconded by Council Member Hill and, upon being put to a vote,the vote was as follows: Mayor Richard H. Gillmor aye Vice Mayor Jim Hill aye Councilmember Andrea Coy aye Councilmember Dale I. Simchick aye Councilmember Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of October, 2009. CITY 0 SEBASTIAN, FLORIDA Mayor Richard H. Gillmor ATTEST: Approved as to Form and Legality for Reliance by the City of Sebastian only: -1 . Wit � Sally A. Mai o, MMC Robert A.Ginsburg City Cler, City Attorney Willing Owner Statement Fee Simple Acquisition (Exhibit W) TO: City of Sebastian Florida Communities Trust RE: 1532 Indian River Drive, Sebastian, FL 32958 LEGAL DESCRIPTION: MIDDLETONS SUB OF CITY OF SEBASTIAN BLK1S13FTOF LOT I&ALL LOT 2 PBI 2-56 TAX PARCEL#: 31390600001001000002,0 I do hereby state that as the property owner(s) of the above-referenced property, I am willing to entertain a purchase offer from the City of Sebastian and Florida Communities Trust. By: LA A4 1 04rN7 71a251-5"C' ;,;ato 0 48L&k t) BY- Print Name Owner Address itt4 Signature of Property Owner AR1 U 3Q`1'CaF�� -1 iLL`z 1 City, State, Zip •r•te a� � ` 1 u ( Z; ) gc -7-714 9 Print Name Telephone Number Signature of Property Owner 10////09 Date Signed by Owner A second signature line is provided for your use if your property is jointly owned (for example, by both husband and wife). Please return this form to: Rebecca Grohall,AICP City of Sebastian 1225 Main St. Sebastian, FL 32958 (772) 388-8228 phone (772)388-8248 fax rgrohall@cityofsebastian.org 2/2'd 80288822LLT:Ol Sb9ZS988172 dd3 Od NOSImOW f1H:W0Jd 8S:02 6002-'I-13O