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HomeMy WebLinkAbout09112013 Agenda PacketQTY LF HOME Of PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 11, 2013 -6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION - Pastor Karen Leedahl, Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE - Led by Council Member Jim Hill 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. 13.120 A. Proclamation - Constitution Week - September 17-23, 2013 - Accepted by Holly 5 Hamilton, Daughters of the American Revolution 13.121 B. Proclamation - National Estuaries Day - Hands Across the Lagoon - Accepted by 6 Holly Dill, Executive Director, Environmental Learning Center C. Brief Announcements 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. 7 -14 A. Approval of Minutes - August 19, 2013 Budget Workshop /Special Meeting 15-23 B. Approval of Minutes - August 28, 2013 Regular Meeting 13.122 C. Prior Approval for Council Travel Reimbursement - Advanced IEMO and Council 24 Member Adams Attendance at FLC Legislative Policy Committee Meetings (City Clerk Transmittal) 13.123 D. Police Department Forfeiture Fund Distributions in the Amount of $344.07 to 25-26 Creative Product Sourcing, Inc. for DARE (Police Transmittal, DARE Invoice) 1 of 95 13.124 E. Barber Street Bridge Guardrail Replacement to Meet FDOT Standards - Based 27-28 on No Bids Received from Bid Invitation Accept Proposal from Southeast Attenuators of West Palm Beach in the Amount of $58,267.38 and Appropriate $6,767.48 from DST Funds to Cover Overage (PW Transmittal, Guardrail Estimate) 13.125 F. Resolution No. R-1 3 18 - City Council Meeting Rules of Procedure (City Attorney/ 29-34 Clerk Transmittal, R-1 3 18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. R-12-01; 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. 13.126 G. Golf Course Cart Bids - Award Bid for Purchase of 87 Carts to Yamaha Golf Car 3530 Company and Approve Resolution No. R-1 3 19 Accepting Financial Proposal from Seacoast National Bank and Authorize Mayor to Execute Necessary Closing Documents (Administrative Services Transmittal, R-13-19, Proposal Evaluation, Seacoast Loan Schedule, All Bids and Loan Schedules) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING A PROPOSAL OF SEACOAST NATIONAL BANK AND APPROVING A LOAN AGREEMENT WITH SEACOAST NATIONAL BANK IN THE AGGREGATE PRINCIPAL AMOUNT OF $299,050 TO PURCHASE GOLF CARTS FOR THE CITY OF SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE REPAYMENT OF SUCH LOAN FROM GOLF COURSE REVENUES; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID LOAN DOCUMENTS TO SEACOAST NATIONAL BANK BY THE MAYOR; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. 13.127 H. Resolution No. R-1 3 26 - Approving Final Plat for Collier Club Phase IIIB 51-62 (Community Development Director Transmittal, R-1 3 26, Final Plat [4 pgs], Neel - Schaffer Certification, Area Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB, PHASE IIIB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 13.076 A. Natural Resources Board 63-68 (City Clerk Transmittal, Application, Ad, Roster) i. Interview Unless Waived, Submit Nominations for One Alternate Member Position with a Term to Expire July 1, 2015 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS 13.119 A. IRC Cell Tower Location - "Russell Tower" (City Manager Transmittal, P & Z 69-78 Report Will Be Provided Under Separate Cover) 2 2 of 95 11. PUBLIC INPUT 12. NEW BUSINESS 13.128 A. Fertilizer Ordinance 79-95 i. Presentation by Dr. Laurie Trenholm, Professor of Environmental Horticulture, University of Florida ii. First Reading of Ordinance No. 0-13-10 and Set Public Hearing for October 9, 2013 - Revising 0-12-06 to Restrict Fertilizing June 1 -September 30 (City Attorney Transmittal, 0-13-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 50 "HEALTH AND SANITATION" BY PROVIDING AN AMENDMENT TO SECTION 50- 5 "FLORIDA-FRIENDLY FERTILIZER USE" BY AMENDING THE "PROHIBITED APPLICATION PERIOD" TO PROHIBIT THE APPLICATION OF CERTAIN FERTILIZER BETWEEN JUNE 1 AND SEPTEMBER 30 AND BY AMENDING SECTION 50-5 (h) REGULATING FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Adams B. Council Member Coy C. Council Member Hill D. Mayor McPartlan E. Vice Mayor Wright 17. ADJOURN (All meetings shall adjourn at 10 :00 p.m. 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 Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 5893330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: 9116113 Special City Council Meeting- 1St FY 14 Budget Hearing 6 pm 9125113 CRA Budget Hearing - 6 pm 9125113 Regular City Council Meeting 6 :30 pm 1019113 Regular City Council Meeting 6 :30 pm 10123113 Regular City Council Meeting 6 :30 pm 11/13/13 Regular City Council Meeting 6 :30 pm 12111/13 Regular City Council Meeting 6 :30 pm 3 3 of 95 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-12 -01 Regular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except forindividuals giving oraccepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 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. 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. 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. Public Input Heading on Agenda 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. 4 4 of 95 Z Constitution Week September 17 -23, 2013 WHEREAS, September 17, 2013 marks the two hundred, twenty sixth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper accord to officially recognize this magnificent document, its memorable anniversary and the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a Proclamation each year by the President of the United States of America designating the week of September 17th as Constitution Week. NOW, THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim September 17 -23, 2013 as CONSTITUTION WEEK in the City of Sebastian and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 11th day of September, 2013. Mayor Bob McPartlan City of Sebastian CR Lf HOME OF PELICAN ISLAND 06-/3,/ 21 e. T � WHEREAS, the City Council of the City of Sebastian recognizes the environmental, economic and overall quality of life benefits that the Indian River Lagoon provides to Florida and the Treasure Coast; and WHEREAS, the central and northern segments of the Indian River Lagoon have lost more than 47,000 acres of vital seagrass habitat since 2011 from harmful algae blooms, and numerous manatees, dolphins and pelicans have died in the Indian River Lagoon within the past year, resulting in the formal declaration of an "Unusual Mortality Event "; and WHEREAS, residents are becoming increasingly concerned about the status of the Indian River Lagoon's water quality and overall health; and WHEREAS, National Estuaries Day will be celebrated on September 28, 2013, to recognize the importance that estuarine ecosystems serve as natural barriers to buffer against storms and floods, absorb and store carbon, and provide critical habitat for commercial and recreational fisheries; and WHEREAS, the Indian River Lagoon National Estuary Program and Marine Resources Council are working cooperatively with local and state governments, organizations and stakeholders to organize a Hands Across The Lagoon event on National Estuaries Day on September 28, 2013, so as to give all of our residents an opportunity to demonstrate their support for a restored and vibrant Indian River Lagoon by joining hands along selected causeway bridges; and WHEREAS, the Environmental Learning Center, Indian River Land Trust and Pelican Island Audubon Society have partnered to organize supporters in Indian River County to meet and join "Hands Across the Lagoon" on the Wabasso Causeway on September 28th from 9 am to 10 am to commemorate National Estuaries Day, followed by a celebration hosted by the Environmental Learning Center from 10 am to Noon at the ELC. NOW, THEREFORE, I, Bob McPartlan, Mayor of the City of Sebastian and on behalf of Sebastian City Council, do hereby encourage everyone to join hands in support of our fragile Indian River Lagoon and celebrate National Estuaries Day on September 28, 2013. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 11th day of September, 2013. Bob McPartlan, Mayor cm Cf SE STL'NN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES FY 2013-2014 BUDGET WORKSHOP /SPECIAL MEETING MONDAY, AUGUST 19, 2013 - 6 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Budget Workshop /Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Clerk, Sally Maio Administrative Services Director, Debra Krueger Finance Director, Ken Killgore Chief of Police, Michelle Morris Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 4. FY2013/2014 RECOMMENDED BUDGET A. Budget Advisory Board Recommendation - Chairman Herlihy Ed Herlihy, Chairman, Budget Advisory Board, said the board met several times and on July 1 st the City Manager presented the proposed budget, said this year is very close to last year in many respects with some positive exceptions. He said property values have leveled off and valuation is about the same with a small uptick, which also bodes well for next year, and that Sebastian building permits are up and ahead of forecast. Mr. Herlihy said the Budget Board wanted to bring several key areas to Council's attention, including 1) the very important $250K overall MIS systems upgrade, and the need to continue funding in succeeding years to keep us up to date; 2) the issue of Police Department vehicles and the preferred program of two vehicle programs, agreed to by the City's Fleet Manager, Greg Schmidt, to assign a vehicle to each officer because it has been shown that when each officer is assigned his or her own vehicle they take better care of them and the vehicles last longer, than if they use the "hot" system which is using the vehicle during the officer's shift and then turning it over to the next officer; 3) support for elimination of furlough days; 4) small changes in employee benefits package and claims experience better; 7 of 95 City Council Budget Workshop /Special Meeting August 19, 2013 Page Two 5) recommendation for the Building Department to start paying back to the general fund the seed money that was given them with projected added revenues; 6) watch the Golf Course as we go into the "season" and see if things improve because we are going to need capital improvements in the future; 7) noted the continued expansion on the east side of the Airport will materially improve the airport and offer business prospects and Mr. Griffin is actively marketing the airport; and 8) strongly urging the Council not to use any of the $4.4M in reserve funds because we may need if for a rainy day. The Mayor and City Council Members thanked Mr. Herlihy and members of the Board for their service. B. Budget Presentation /Overview — City Manager The City Manager thanked the Administrative Services Department, under the direction of Debra Krueger, including Ken Killgore and Nancy Veidt and the department head team who provided good, honest estimates and all employees who work for the City in hard times with no increases and furloughs who made Sebastian proud. He said Council made it clear what they wanted and we have a good team here. He said he was proud to report that the bond rating has gone up on the stormwater to AA, the other bonds remain at AA, and reserve funds are healthy. He then gave a Power Point presentation entitled "Catching the Can'; so named because he believes this year we see the first sign that we catch up to the can we have been kicking down the road for the past several years. (Power Point presentation is attached to these minutes as reference). Overview — Executive Summary — General Fund The City Manager opened with a review of the general fund for FY 14 which is proposed at $9.75M with a budget surplus of $212K and which will probably increase the budget to $9.9M. He exhibited various charts and graphs depicting the percentage of general fund revenues and expenses and expenditure trends with the elimination of furlough days and said operating expenses been kept flat., though capital expenses are still low. NPw RPVPnl1P He showed an anticipated growth in new revenue in the amount of $324,500 from Utility Service taxes, State shared revenue, and a return of business tax revenues to the general fund in the amount of $100K for FY 14 to continue on into future years until paid. General Fund Services The City Manager presented new programs to include new personnel, information technology, operations, and capital purchases. He said Council had provided direction to staff in its negotiations for collective bargaining and staff had created an Employees First Campaign, a formula to share increased revenues with employees on a 50/50 basis which amounts to approximately $195K for personnel COLA, bonuses, etc., but if during negotiations, furloughs are eliminated that number could go as far as $275K if Council agrees. 2 8 of 95 City Council Budget Workshop /Special Meeting August 19, 2013 Page Three He then explained the recently completed network assessment which revealed four weaknesses in the City's systems which will be addressed in the FY 14 budget including bandwidth, security, personnel changes, and developing a plan for hardware /software. He said some of the issues have and are currently being addressed such as bandwidth and security issues. He also noted a request for an IT Manager upgrade and an additional IT person. He briefly addressed a proposed $100K increase for the swale /ditch maintenance program, and listed other major capital purchases in the amount of $77.5K. Setting the Ad Valorem Rate The City Manager said assessed value has increased, cited the current millage of 3.7166 mills and the roll forward rate of 3.7398 mills, so this is the first time we see our assessed value greater than last year and still have a roll forward rate. He said State law would allow approval with only a majority vote up to 6.2358 mills which would generate $4.9M. (formula for taxing options as depicted in a PP slide and set out below): FY 13 ASSESSED VALUE FY 14 ASSESSED VALUE $822.696,904 $825,100,342 CURRENT RATE ROLL FORWARD RATE $3.7100 MILLS $'3.7393 MILLS CURRENT REVENUE POTENTIAL REVENUE $2,929,240 $2,946,425 CURRENT - ROLL FORWARD $17,185 MAJORITY VOTE RATE MAJORrrY REVENUE $G.2385 $'- ',89u.017 CURRENT -MAJORITY VOTE $1,960,777 He said he provided this chart to explain that we are not maxed out in our millage which reflects good fiscal policy, but again recommended the millage remain the same at 3.7166, further explained by charts showing that we may have reached the "bottom" and staying with the current millage would give us a consistent 3% annual growth from 2002 to 2014 and beyond. The City Manager then showed a chart with information requested by Mr. Wright which showed costs for public safety as a percent of valorem taxes, stated the costs for public safety should match 100% of ad valorem revenues, said his position is this chart demonstrates that public safety is where it should be though in the last three years the costs have increased to 160% of ad valorem, and this shows that as we have cut, we have not cut public safety expenses, and in later years as revenues increase it will equal out. Mr. Wright said he was very pleased as Council that we were able to maintain public safety level of service, that we sacrificed in other areas to achieve this and it is important to acknowledge that there are corrections that need to be made, and it is a long term objective to bring it back to 100% of ad valorem while maintaining quality service. He said we need to recapture funds for other City operations and maintenance of City property. 3 9 of 95 City Council Budget Workshop /Special Meeting August 19, 2013 Page Four The City Manager again recommended staying at 3.7166 mills. Future Budget Sustainability The City Manager provided the chart below showing general fund projections at 3% out to FY 22 and said there may or may not be need for a slight increase in taxes by FY 17, with sustained budgets for FY 14, 15 and 16 at 3 %. Mr. Wright asked if we add back the furlough days, will overtime be reduced. The City Manager said there will be a subtle decrease in Police Department overtime, said he had talked to the Chief and Deputy Chief and their argument is that the OT increase from the floating holiday is the issue so one of staff proposals to PBA is to go back and pay back the benefit for the floating holiday. Mr. Wright said he would like to see a portion of the business tax revenues used to fund economic development to bring jobs, noting we tried to create jobs but still struggle with unemployment, and asked how we can allocate that resource. The City Manager said on the positive side we do fund $25K annually for economic development to the airport (later he corrected to $20K), keeping it outside the general fund, and in a perfect world we could use those business tax revenues to increase that amount. Mr. Wright said capital outlay being a small percentage is somewhat of a misnomer because it ignores the stormwater funds which are a constant expenditure in the $500K range each year which comes from a special fund. The City Manager said $500K is transferred from the stormwater special fund to the general fund and that wraps into the $2.3M in general fund operating costs. 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The City Manager said there will be a subtle decrease in Police Department overtime, said he had talked to the Chief and Deputy Chief and their argument is that the OT increase from the floating holiday is the issue so one of staff proposals to PBA is to go back and pay back the benefit for the floating holiday. Mr. Wright said he would like to see a portion of the business tax revenues used to fund economic development to bring jobs, noting we tried to create jobs but still struggle with unemployment, and asked how we can allocate that resource. The City Manager said on the positive side we do fund $25K annually for economic development to the airport (later he corrected to $20K), keeping it outside the general fund, and in a perfect world we could use those business tax revenues to increase that amount. Mr. Wright said capital outlay being a small percentage is somewhat of a misnomer because it ignores the stormwater funds which are a constant expenditure in the $500K range each year which comes from a special fund. The City Manager said $500K is transferred from the stormwater special fund to the general fund and that wraps into the $2.3M in general fund operating costs. Mr. Wright said people need to realize we are spending a substantial amount in the area of $500K per year to keep those stormwater programs operating, and that needs to be highlighted. The City Manager said the stormwater fund is about $980K, plus $500K from DST on '/4 round, plus equipment purchased from stormwater fund of about $80K, plus bond monies of about $850K. 4 10 of 95 City Council Budget Workshop /Special Meeting August 19, 2013 Page Five Mr. Wright said on the $250K in MIS computer expenditures, we are still waiting for a complete breakdown and the consultants' analysis report. The Administrative Services Director said we will not be receiving anything else from EvolvTec, noting their report was incomplete and their numbers were off by 35 computers, so City staff is putting together the numbers and going directly to Dell to seek pricing. In response to Mr. Wright, she said, as to whether to lease or purchase, staff is looking into whether we can lease servers because of the sensitivity of their hard drive data content. Mr. Wright said computers soon become obsolete and it is critical that we not fall behind the way we have in the past, and that he was waiting to see a report as to what we are spending before we spend it, and how our system can be maintained up to date and never ever fall behind as bad as we were. The City Manager addressed his issues of concern, stating that we got there because of massive cuts to personnel raises and IT, and weakness in IT should not come as a surprise, that each year Council was advised of the weaknesses but we were able to get along with it and keep taxes low, and because the public did not see the problem we concentrated on those things the public could see. He said we had one crash and taxpayers were still getting quality service, but city staff has been dealing with computer issues. He said staff has proposed a plan, we spent $2K to get an assessment report which pinpointed four major areas of concern, and we have a committee and plan in place to start revamping the system, and are looking at a long term CIP plan from the general fund from FY 14 to 17. Mr. Wright said we need to be committed to the plan, and what we have done over the last five years during loss of revenues, as a City Council we decided to spend money on personnel and postponed IT and going forward we shouldn't have to get to a point where we get behind again. Mayor McPartlan said we are starting to catch the can. Mr. Adams asked in regard to the slide on general fund expenses going up if we get rid of furlough days, are they incremental or flat increases. The City Manager responded for FY 14 it is the incremental of $212K or $275K, however we end the furlough days or we collectively agree to that, and what type of COLAs we agree to in FY 15 and out. He referred to the chart previously shown with the incremental jump and the long term chart showing 3% growth to explain further. Mr. Adams asked if the MIS position would be to Director or Manager and the City Manager responded Manager. Mr. Adams reiterated Mr. Wright's statement that we not end up in later years with MIS where we are now, and asked if there will be a spending plan spread out for replacement every five years. The City Manager responded that for the next several years we will struggle with those plans, and what will limit our ability to continue to catch the can will be when we start itemizing our priorities, and though we want to stay on top of IT in FY 15-16 there may be a new problem, COLA increases, roads, capital purchases, recapturing positions we have cut, and we will be back discussing those things. 5 11 of 95 City Council Budget Workshop /Special Meeting August 19, 2013 Page Six Ms. Coy said the City Manager and staff have done a great job, kept Council on track, but we have taken so many staff people away and have promised the Police Chief new officers, and she expressed concern for the loss of an environmental specialist. She asked when the City Manager saw us being able to bring people back into the system, to be able to look into grants, the lagoon, stormwater and said we messed up on a couple of things this year by not having that position. The City Manager said his professional guess is you will be able to do that when growth is substantially above the 3% envelope, maybe FY 16 and 17. Ms. Coy went on to say the lagoon is issue of the day at least on her plate, that we have nobody on staff other than the City Manager to deal with environmental issues, someone who could be out there looking for grant money, that we had good grant writers we had to let go, and noted that she and he had talked about part time staff. The City Manager said in that position he would be hesitant to hire part time, in comparison to other communities in the region, that the City ranks at the bottom at cost per capita, and at the top in quality of life, that we are doing more for less, and to address things that are on the horizon, including capital purchases like IT, road repair, replacing personnel, we have to go back to the millage rate, and the charts show how much the City has saved in taxes, noting Council has essentially left $2M in taxes on the table by keeping the millage low. Mr. Wright said we are still economically in a difficult situation, are considered a poor city in terms of valuation of homes, and unfortunately that ends up with the amount of money that goes to the City, noting ours is one of the lowest tax rates in the State. He said we are all concerned for our residents and wonder where they are going to get the money to pay if we increase taxes. He said it is possible we could get grants from SJRWMD for funds on the lagoon but we need to decide what we are going to spend money on. The City Manager said it is staff's job to work with Council's directive and advise them accordingly and staff has done a good job on that. The City Manager said his guess is the tax rate to get all our wants would be around 4.5 mills, equating to $600K in new revenue for street resurfacing, more positions and MIS upgrades. Mr. Hill said staff and Council have done a fantastic job of providing an exceptional level of service, cutting taxes, and find ourselves in a position most cities would like to be in, and that is directly attributable to Council's vision and staff's ability to take that vision and make it happen, and said let's be careful in saying we are way behind or talk of increasing millage rates. He said he enjoyed hearing the City Manager saying customers did not see a reduction in services when the MIS issue arose, because the customer is the one we are here to serve, we are lowering taxes while increasing level of service. He said we are committing to IT level of services in our FY 14 budget, our work is exceptional and we are sound, congratulated staff on the budget, and said it is not a political decision to pave two roads but rather we made a sound decisions to serve our customers. Ms. Coy said she did not disagree however she was truly concerned about our lagoon, our lifeblood, and if we don't take care of it where will we be, that septic alone will be a huge cost. She agreed we have done a great job and citizens are proud, but they are crying for a dead lagoon and we need to address it, and the day will come when we have to make tough choices and maybe bump up millage so we can do the right thing. 6 12 of 95 City Council Budget Workshop /Special Meeting August 19, 2013 Page Seven Mr. Hill said the lagoon is important to all of them, and City of Sebastian has been in the forefront in spending millions to keep the lagoon clean, and finally the County and others are getting on board. He said we spent millions of dollars over the years, for projects such as the Collier Creek project and we need to wrap our arms around people from the County and State and Federal government to get things done, that perhaps there may someday be a time when we have to bump millage, but our City has been at the forefront. Ms. Coy said we will never be done, and we have done wonderful things, and yes we need to get others involved, but she would like to see an environmental specialist back here to address those things because we can't stop, and maybe grants will come back to pay for those things. Mayor McPartlan said going forward we can look into that, level and quality of service is excellent, maybe other things will come along like the Affordable Health Care Plan that can cost us in the future, but we have a good financial plan in place. Enterprise Funds GnIf Course The City Manager said the Golf Course is pretty much status quo, there is a steady revenue trend but we may look at modest increase in fees in FY 14 to go toward CIP, that the trends show strong in season and off a little in the off season and the goals for FY 13-14 are to move forward with cart paths, turf equipment, irrigation and possible IGM green rebuild. Mr. Wright said if the economy improves we may see some increases in future years, but FY 13-14 is pretty well flat and consistent. Airport The City Manager said the Airport Drive East project is going forward, enterprise fund is our economic development generator, cited increased jobs creation, Industrial Drive East, and corrected his comment about economic development funding in the amount of $20K rather than $25K as previously stated. Building Department The City Manager said there are new revenues and a positive growth trend, that a new position is requested. Special Revenues - Caaital Improvements Proaram The City Manager listed proposed projects and forecasts for 1) Discretionary Sales Tax (DST) 2) Local Option Gas Taxes (LOGT), 3) Recreation Impact Fees, 4) Community Redevelopment incremental tax revenue funds, and 5) Stormwater Utility Fund which are all individually detailed in the attached Power Point presentation. Mr. Wright said there was a good argument for seeking County matching funds for the sewer connection program, because when we sold the utility to the County it was agreed we would not collect a utility tax on their system, perhaps because it would have created serious relationship problems, and there is an established number the City may be losing for not getting service taxes which is typical of other utilities operating in the City. 7 13 of 95 City Council Budget Workshop /Special Meeting August 19, 2013 Page Seven C. Department Questions (See Recommended Annual Budget Document) Mr. Hill said he greatly appreciated the hard work of staff and the Budget committee, said the budget takes into consideration Council concerns, and we are in a great fiscal position and moving in the right direction. Mr. Wright said we already made our decision on the millage rate going forward and echoed Mr. Hill's comments, said the budget has a lot of different aspects and is a positive budget, keeping taxes down, and maintaining quality of life, and this was a terrific presentation and great job by City and Budget Committee. Mr. Adams asked about an idea he had brought to the City Manager about "managerizing" the Golf Course in order to save money, whereby a third party takes over management of the Course with a performance bond put up. Ms. Coy asked if the City would lose control of pricing and Mr. Adams said yes, they would determine pricing and bear all expenses. The City Manager said it would be Greg Gardner and himself who would have to review this but they haven't had the time to really analyze it, and his initial reaction was not favorable for a few reasons, one being the financial structure where the golf course is tied to the lease of the land from the airport which will be there for perpetuity, and the fact that if we go to management we would lose our ability to manage rates and it is very controversial when we raise them though we could put in language to control. Mr. Adams asked if during the off season when there is lower revenue, could staff seek specials or additional tournaments, and the City Manager responded that they have offered specials and it seems to be controversial for annual users who are permanent residents here, and essentially most of the revenues are made during the winter season. Mr. Adams asked how long slip -4ining lasts and the City Manager responded generally fifteen to twenty years. 5. PUBLIC COMMENTS None. 6. CITY COUNCIL COMMENTS /DIRECTION 7. Being no further business, Mayor McPartlan thanked the City Manager for a tremendous job, said next year things will be even better and adjourned the Budget Workshop /Special Meeting at 7:43 p.m. Approved at the September 11, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest. Sally A. Maio, MMC, City Clerk 8 14 of 95 CFY OF SEBAS TiV HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 28, 2013 —6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Vice Mayor Don Wright called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend David Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Andrea Coy. 4. ROLL CALL City Council Present: Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Council Absent: Mayor Bob McPartlan (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joe Griffin Police Chief, Michelle Morris Deputy Police Chief, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Adams requested removal of consent agenda item 7E for discussion. Ms. Coy noted that procedurally, consent agenda items are moved when we get to the consent agenda, and this item is reserved for adding, removing and moving items on the whole agenda. 15 of 95 Regular City Council Meeting August 28, 2014 Page Two 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. 13.066 A. Certificate of Appreciation for Ted Dyer - Planning and Zoning Commission 4 Service Mr. Dyer was not in attendance and the certificate will be mailed to him. B. Brief Announcements Mr. Hill announced that Sebastian River Little League registration is ongoing for baseball and softball for ages 4-16 at Barber Street Sports Complex Monday through Friday, 6 pm to 8 pm and Saturday gam to noon, ending September 14th at a cost of $30 per person. Ms. Coy announced that Indian River County State College registration is starting on -4ine and at the Mueller Center and listed the many courses offered at the Sebastian campus. Mr. Wright said since the Sebastian campus opened there have been 5000 registered. 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. 5-95 A. Approval of Minutes - August 14, 2013 Regular Meeting 13.115 B. Award Bid for Annual Swale and Mowing Contract to Conlon Landscaping (PW 16 -54 Transmittal, Bid Tabulation, Contract) 13.116 C. Award Bid for Nuisance Abatement /Lot Mowing on Rotation Basis Starting with 55-65 Lowest Bidder in Each of Three Categories (PW Transmittal, Matrix, Price Proposals, Insurance Certificates, Proposed Agreement) 13.117 D. Award Bid for Annual 1/4 Round Repair and Cleaning to Conlon Landscaping 66 -401 (PW Transmittal, Bid Tabulation, Contract) 13.118 E. Approve Police Department Records Management Systems /CAD /Mobile 102 -118 Contract (PD Transmittal, Capers Contract, Tech Improvement Plan, References, Sole Source Form) Mr. Wright noted item 7E had been pulled for discussion by Mr. Adams. MOTION by Ms. Coy and SECOND by Mr. Hill to approve consent agenda items A through D. Roll Call: Ayes: Wright, Adams, Coy, Hill Nays: None Passed: 4-0 McPartlan Absent 2 16 of 95 Regular City Council Meeting August 28, 2014 Page Three Item 7E - Police Department Records Management Systems Mr. Adams asked how requests for support from Capers will be addressed. Chief Morris introduced Kim Harmon, Police Department Accreditation Manager, who responded that IT support will be 24-7, 365 days per year, virtually, on -site and by phone. She further responded to his questions, that reporting will be easier than those from the canned program they have been using which creates problems, because the new form will be created just for this agency, that once approved the system they will be on -site in two weeks, that Sebastian will be the first Florida client for Capers, they are based in Illinois, they have been in business since 2012 and that she had spoken to a user in New Mexico which advises that the system has been flawless. Mr. Adams asked whether the database in the system would be proprietary and Chief Morris confirmed that all data produced is property of the Police Department. She said they changed companies before and have been with the current company since 2003 and can still access data from the former system. Mr. Adams asked about the invoice for $18,000 and Chief Morris said that is annual maintenance for the current Tritech system and if closed out we will not have to honor the full year cost. She said the proposed maintenance contract with Capers will be five years for $22K per year and they may need to renegotiate the price at the end of five years. She said since they are the start up for Florida they will get some kind of discount each year if they bring in other agencies. Kim Harmon said she had contacted six other agencies and hears this company is phenomenal, that they make good on their promises, the system is user friendly, they will provide adequate training for all personnel, and she feels very comfortable with them. Mr. Wright congratulated them for achieving this promotional incentive received which seems enormous. MOTION by Mr. Adams and SECOND by Ms. Coy to approve item 7E. Roll Call: Ayes: Adams, Coy, Hill, Wright Nays: None Passed: 4-0 McPartlan Absent 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. Mr. Wright reported on the Tourist Development Committee meeting, noting that tourism tax revenues are up by 7.1 % attributable to the Sports venue in Vero Beach, and that in June they were up 29.2 %. He also reported on the Economic Development Council meeting, reporting there have been discussions with outside consultants in terms of evaluating the potential for attracting jobs for all of Indian River County and develop a marketing program and a branding program to bring identity to Indian River County and ultimately a motion was made by EDC to present an RFP to the County Commission to solicit proposals with qualified companies to perform the service. Ms. Coy asked if there would be municipal participation for financing, and he said there was discussion but no action on that, so we are looking at the County initially but there would need to be involvement by the cities in interviewing to see what each City has to offer. 3 17 of 95 Regular City Council Meeting August 28, 2014 Page Four 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 13.095 A. Jane Schnee - Open Burn Request (City Manager Transmittal, Prescribed Burn 119 -124 Plan The City Manager gave a brief update on City Council action on June 12th in regard to Ms. Schnee's petition for a conservation burn for her scrub property on Barber Street under the City's Code Section 42-48, with assistance of representatives of Fish and Wildlife and Division of Forestry, which resulted in a 2-2 vote and Council's request for her to come back with more information. He said she has come back with a burn plan and information from the fire department that they would participate. He noted staff recommendation at that time was not to approve the request based on provisions of the code, however, staff did not provide a recommendation this time. He said that Pierre Paquette, owner of Palm Lake Club who was opposed to the burn, petitioned the City Council to table this item to have an opportunity to come and state his side. He said Council will hear from a lot of residents tonight who share that view. Mr. Wright said there are a number of people from Park Place tonight, asked Jane Schnee to come forward first to discuss her petition and then hear public comments for and against the request. Ms. Schnee said she had provided a prescribed burn plan and Brian Burkeen, Assistant Fire Chief had agreed to be there and help, noted she had several environmental agency representatives at the last meeting who described what a prescribed burn is but did not ask them to come tonight, that it does not produce much smoke, and the two main reasons for the burn are to prevent serious damage and health effects from wildfires and to improve the habitat. She invited someone she met today named Regina, who is an expert in prescribed burns, to speak. Mr. Wright said he would call for public input. Ms. Schnee cited the 19 firefighters and 50 homes burned in Arizona and said newspaper reports said this could have been prevented if there had been prescribed burns, but the government is cutting back. Regina Chesser, owner of Chesser Ag Pro Services, confirmed that American Land Lease owns Park Place and has paid her company to do prescribed burns in Grant. She explained that small parcels like Ms. Schnee's property are where wildfires are started as they did in 1998, said she understands and explained the importance and benefits of controlled burns but also understands people's concerns. She said controlled burns can be controlled but wildfires cannot, if the State were conducting this burn they would not need the City's approval, if there is no burn there will not be scrub jay habitat and the property will become a fire hazard. Ms. Coy asked if she was speaking as a representative of Ms. Schnee and she said she was not, and Ms. Coy noted we have exceeded the five minute public input time and we have many to hear from. In response to Ms. Coy, Ms. Chesser said the burn her company, Chesser Ag Pro Services, was conducting in Grant was on 15-20 acres and the whole piece was 300 acres, and abutted Barefoot Bay. 4 18 of 95 Regular City Council Meeting August 28, 2014 Page Five The following members of the public addressed City Council in opposition to the burn permit request. Most expressed concern for fire damage, smoke, health concerns for adjacent residents, lingering effects of smoke and scorched land, and liability issues. Jim Joseph, Palm Lake Club, Sebastian Bob Algor, Park Place, Sebastian Jack Harley, Park Place, Sebastian Sally Gerber, Palm Lake Club, Sebastian Elizabeth Watson, Park Place, Sebastian Joel Roth, Park Place, Sebastian - agreed with other issues and cited zoning issues noting this is multi -family and not a bird sanctuary and should have been rezoned - he read a letter from fellow resident Cindy Fox (see attached) Michael Goodfellow, Park Place, Sebastian - agreed with all concerns and submitted an 85 signature petition opposing permit (see attached John Smythe, Park Place, Sebastian - former fire commander in PA - no scrub jays will return to burned area for at least five years - methods available for mulching, flailing, prisoners to clear property Others who addressed the issue but not in opposition: Ben Hocker, Sebastian - questioned the time frame for the fire and if only two hours doesn't seem like a dilemma George Millar, Rolling Hill Drive, Sebastian - consider merits of controlled burn versus wildfires Ms. Schnee asked to speak and Mr. Wright said she had her opportunity earlier. She wanted to clarify that she would not be burning the entire property. MOTION by Mr. Hill and SECOND by Ms. Coy to deny the open burn permit. Ms. Coy explained to Ms. Schnee that she changed her position while driving on I-95 through Palm Bay and said she went through a scorched area from fire two years ago that smelled very strong still, which made her think of the residents who would have to deal with this. She said she would like to work with Jane to help her maintain her habitat and verified with the City Manager that the City has a "topper ". Mr. Wright said he still had very few concerns that fire personnel could not control the fire, but the health issues of the surrounding residents is a greater concern to him, and though we want to respect peoples' right to do what they want to do, we have to consider the rights of others who will be affected. He said the only way we could go forward is for Ms. Schnee to convince the neighborhood to approve of her going forward and he did not see that happening. Mr. Adams commended her for trying to protect habitat but we have to be mindful of other residents, and would be happier to look at other alternative methods. 5 19 of 95 Regular City Council Meeting August 28, 2014 Page Six Mr. Hill agreed controlled burns are important in controlling land; however, this location concerns him with proximity to our most sensitive citizens and makes that paramount. Roll Call: Ayes: Coy, Hill, Wright, Adams Nay: None Passed: 4-0 McPartlan Absent Mr. Wright called recess at 7:47 pm and reconvened the meeting at 7:59 p.m. 11. PUBLIC INPUT Honey Minuse, Indian River Neighborhood Association, cited the newly adopted County fertilizer ordinance and recommended City Council considered amending their ordinance to comply with the more stringent provisions the County imposed. She referred them to the Harbor Branch and ORCA reports utilized by the County. Glenn Herran, Indian River County Taxpayers' Association, invited the November general election candidates and the public to a candidate forum luncheon on September 11, 2013 at Cap'n Butchers, 1732 Indian River Drive, Sebastian at noon with a cost of $18. He read their mission statement. He said anyone with questions can call John Kistler at 538-7044. Jane Schnee said she had read that the City is considering straightening Barber Street where it passes scrub jay habitat and cautioned that straightening and removing a stop sign may adversely impact scrub jays and other wildlife crossing Barber by increasing already fast traffic. Mr. Wright said the straightening of Barber will come back for consideration and deliberation by Council. 12. NEW BUSINESS 13.079 A. Presidential Streets (City Manager Transmittal, Coolidge Plan, Grant 125 -464 Agreement S0659 with Addenda) i. Project Update by City Manager ii. Approve State of Florida TDML Grant Agreement S0659 and Authorize Execution by City Manager The City Manager reiterated the requested action to approve the TDML grant agreement for $90K from FDEP which will help mitigate stormwater pollution in the riverfront area, and asked Frank Watanabe to give a quick update of the Presidential Streets project which encompasses streetscape, surface, and drainage improvements along Martin, Washington and Cleveland and to which Council recently authorized adding Coolidge Street to the design. He said he designed an additional 40 parking spaces on Coolidge which may have some permitting issues. Frank Watanabe, Neel -Schaffer, exhibited the design on the overhead, detailed the improvements which were permitted by SJRWMD a year ago, and now adding Coolidge adds 40 more parking spaces, noting 20 on Washington, and 26 on Cleveland. He said the problem we had was by adding Coolidge to the project drainage system, the additional water from that exceeded the overall capacity at the 30" outfall pipe and to increase the pipe size would require we go to other agencies for approval, so SJRWMD said to go with the approved project to add the swale between Coolidge and 6 20 of 95 Regular City Council Meeting August 28, 2014 Page Seven Cleveland and we would be good to go with the current Presidential Streets project, then make Coolidge a separate project by adding another baffle box to this location and tie into the FDOT drainage system and in the future modify the drainage outlet under Mulligans and have it a joint project with FDOT. He recommended getting this permitted by SJRWMD and combine the two projects and release for advertisement. Mr. Hill said it was phenomenal to have 40 more spots. Mr. Watanabe said as soon as we get the okay from the City Manager we proceed to permit, and go to ad in September. The City Manager said September -October bid let, contract back to Council in November and construction in late December January and completion around June. Mr. Watanabe said the TMDL grant has a time limit and the project has to be out to bid before October. The City Manager said if Coolidge can be linked in easily we will move forward, and if not they will move on the original plan. Mr. Wright said the design is such that the linkage is just a matter of connecting the construction after approval so it is not like you are dealing with a separate design in conflict. Mr. Watanabe said if something should happen to Coolidge, we can still move forward with the Presidential Street project and not forfeit the grant. Mr. Hill asked if this puts us over capacity for stormwater, how could that affect future paving of Cavcorp, and Mr. Watanabe said he did not do that engineering and had concerns about pulling off that large area, that two pipes in that location are not large enough so there has to be some retainage and the sensitivity of the lagoon would be a hard challenge to do any type of modification. The City Manager said retention areas we looked at when we were going to create impervious surface haven't changed that much so we could probably move forward with that, but it comes down to where we can put the water and other details. He said we have areas we can move water to, so there is potential to pave Cavcorp. MOTION by Mr. Hill and SECOND by Ms. Coy to approve the Florida Department of Environmental Protection TDML Grant Agreement. Roll Call: Ayes: Hill, Wright, Adams, Coy Nays: None Passed: 4-0 McPartlan Absent 13.010 B. Resolution No. R-1 3 17 - Fiscal Year 2012-13 -3rd Quarter Budget Amendment 165 -184 (Administrative Services Transmittal, Quarterly Financial Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-1 3 17 by title. The City Manager briefly reviewed the changes. 7 21 of 95 Regular City Council Meeting August 28, 2014 Page Eight MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R-1 3 17. Roll Call: Ayes: Wright, Adams, Coy, Hill Nays: Nay Passed: 4-0 McPartlan Absent 13. CITY ATTORNEY MATTERS The City Attorney said he had provided an outline of 2013 Legislative changes. 14. CITY MANAGER MATTERS 13.119 A. Indian River County Communications Tower Petition - 145' Monopole Russell 185 -490 Tower (City Manager Transmittal, IRC Community Development Department Letter, Location Photos, Maps) The City Manager reported that Indian River County had submitted notification to the City of a request for a cell phone tower just outside of city limits near the Southwest corner and staff recommends that this go before Planning and Zoning Commission at their September 5th meeting for review against our code and forward their recommendation to County Planning and Zoning on September 26th. The City Manager said staff did not recommend approval and cited several requests that have come to the City and been denied. After some discussion it was decided that the P & Z recommendation would come back to Council on September 11" before going to the County. Mr. Wright said maybe we can get someone from the City on the County agenda. Mr. Hill also suggested Council members can contact County Commissioners which he has done. The City Manager said he had been requested by Council members to get the County fertilizer ordinance and would get that on the September 11th agenda. Ms. Coy said she would like to review what the County had done. Mr. Hill said it didn't look too scary. Mr. Wright said he would not see us hiring an enforcement officer, that the County is in a 45 day process of submitting to the State, and that we need to make sure we have the scientific and technical information which he did not think we have available as yet. 15. CITY CLERK MATTERS Briefly reported that candidate qualifying for the November 5, 2013 General Election for three Council seats closes on Friday, September 6th at 4:30 pm and there are currently four fully qualified candidates. 16. CITY COUNCIL MATTERS A. Vice Mayor Wright Mr. Wright reiterated on the fertilizer, that we make sure we are careful of regulations we have to follow to go beyond what we were allowed to do when we approved the State model ordinance. 8 22 of 95 Regular City Council Meeting August 28, 2014 Page Nine B. Council Member Adams Mr. Adams reported he is attending a joint TCRPC /South FL RPC meeting on Seven50 and asked for Council direction. Mr. Wright said he would not want to see high rise development, and that Council had not actively made any decisions as yet and high density residential housing would not fit in Sebastian. Ms. Coy said Seven50 allows for home rule and perhaps what might tie into us is transportation and said MPO is considering readdressing Seven50 again. Mr. Hill suggested bringing up the issue of the lagoon and the fifty year life of the lagoon and how traffic and transit will affect its qualify and life. C. Council Member Coy Ms. Coy congratulated Mr. Adams who was appointed to the FLC Legislative Policy Committee and that Council will support getting him to the meetings. Ms. Coy discussed a new coalition of non -profits called North County Hunger Relief Coalition formed to feed hungry in the area which cooks on Wednesdays at St. Sebastian Catholic Church to deliver hot meals to 140 people who cannot get out but they do not serve lunches at the church. D. Council Member Hill Mr. Hill again reported on the on -doing Little League registrations ending September 14, 2013 and said they also need volunteers for coaching and umpiring. E. Mayor McPartlan - Absent 17. Being no further business, Vice Mayor Wright adjourned the meeting at 8:33 pm. Approved at the September 11, 2013 Regular Council Meeting. By. Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 9 23 of 95 City Clerk's Office Subject: Authorization for registration and Agenda No: 7C - travel to Upcoming Legislative Policy Committee Meetings and Advanced IEMO to Department Ori ity Cler 's Office be held next fiscal year City Attorney: V, .� For Agenda of: 9/11/2013 Ap�ro4,for Submittal by: Submitted: 8/30/2013 nager SUMMARY STATEMENT In accordance with Code Section 2 -35 and the "Council and Charter Officer Travel Policy and Procedures" adopted by R- 04 -39, authorization is requested for Council Member Adams to attend upcoming Legislative Policy Committee meetings that will be held beyond 75 miles of the City. Code Section 2 -34 provides that travel within 75 miles of City is to be paid from Council Members' monthly expense allowance. Authorization is also requested for any eligible member to attend the Advanced Institute for Elected Municipal Officials to be held October 25 -26, 2013 in Altamonte Springs, Florida. Though this travel will occur in the next fiscal year, we are assuming that travel and training funds will remain the same as this year and this is merely authorization to attend and pre- register. RECOMMENDED ACTION At Council's discretion, move to authorize travel for Council Member Adams to attend the upcoming Legislative Policy Committee meetings and registration for any interested Members to attend the Advanced Institute for Elected Municipal Officials in Altamonte Springs, FL, October 25 -26, 2013. MY OF HOME OF PELFCAN ISLAND AGENDA TRANSMITTAL Subject: Forfeiture Fund distributions Agenda No. 76 ' 13 . /Z 3 Department Origin: Police De Approved or Submittal by: City Manager Administrative 'ce : City Attorney: City Clerk: A f ed inner Date Submitted: 09/04/13 For Agenda of: 09/11/13 Exhibits: DARE invoice EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $344.07- DARE REQUIRED: $344.7 SUMMARY The Sebastian Police Department actively participates in the DARE and request funds from the Law Enforcement Forfeiture Account to purchase for the above item. DARE (Drug Abuse Resistance Education) is a program we teach to all our 5"' grade students in preparing them for middle school. We teach them to resist drugs, alcohol, cigarettes and the peer pressure often leading them to this dangerous path. This program has been a huge national success and an even larger success locally. Florida Statute 932.7055 (5) (b) requires the approval of the local governing body and a certification from the chief of police to expend these funds. RECOMMENDED ACTION Approve the expenditures of Forfeiture Funds in the amount of $344.07 to Creative Product Sourcing, Inc. 25 of 95 Creative Product Sourcing, Inc. - DARE 3130 Wilshire Blvd. #555 Santa Monica, CA 90403 Ph: (888) 811 -3273 Fx: (949) 348 -2690 I Bill To City of Sebastian Police Department Ashley Penn 1201 Main Street Sebastian FL 32958 Ship To Invoice Date Invoice # 8/14/2013 63797 26 of 95 S.O. No. P.O. No. Terms Project 55910 Net 30 Item Description Order... Prev. Inv... Backor... Invoiced U/M Rate Amount WB17 -CA D233 -CA PP10 -CA Fed Ex English Elementary Keepin' It Real (100 pack) Pop Up Name Card - Pack of 100 Neon Pencil Assortment of 4 colors- Packs of 144 Shipping & Handling FedEx Ground Tracking Number(s): 745564532343180 ,745564532343197, 745564532343203 AC- COUNT. PO.*: PROJECT C CUNT: � DATE: DEPT HEAD: 2 2 1 1 0 0 0 0 0 0 0 0 2 2 1 1 PK PK PK ea 129.00 16.00 27.36 26.71 258.00T 32.00T 27.36T 26.71 Subtotal $344.07 Sales Tax (0.0 %) $0.00 Total $344.07 Payments /Credits $0.00 Balance Due $344.07 26 of 95 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Barber Street Bridge Guardrail Agenda No. %E' /3. 2`4 replacement Department Origin: Public Works Ap rove4for Submittal by: Department Head: Finance Director: City Attorney: City Clerk: Al i ne Date Submitted: September 3, 2013 For Agenda of. September 11, 2013 Exhibits: Guardrail estimate EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: $6767.48 DST $58,267.38 $51,499.90 SUMMARY The Public Works Roads and Maintenance Division solicited sealed bids for the replacement of the guardrail on the Barber Bridge to meet current FDOT standards. The bid required contractors to submit bids by August 20th, 2013. There was a mandatory pre -bid meeting on August 8th, 2013 at 10 am at City Hall. No contractors attended this meeting. Based on the fact no one attended the pre -bid meeting no contractors were expected to submit bids. In past situations when no one attends the pre -bid or submits bids, the city can then contact contractors to request a fee proposal. For this situation, Neel- Schaffer contacted Southeast Attenuators to submit a fee proposal which is attached. The proposal which is in comparison to a previous fee estimate they submitted, five years ago, is still within the same price range. City Council will need to allocate additional funds to accept this proposal because the balance is $6767.48 less than the proposal due to engineering costs paid from the budget. At this time, Neel- Schaffer believes this fee proposal to be a fair price to do this maintenance work. Staff recommends that City Council approve this proposal. RECOMMENDED ACTION Move to approve the proposal for bridge guardrail replacement in the amount of $58, 267.38 to Southeast Attenuators of West Palm Beach, Florida and allocate funds for same. 27 of 95 Job bou J =DFVUL ATTENUATORS :We�7760 Nogwr Road - Wed Palm Boach, FI. 33411 Phones (561) 792 -OW Faic (561) 7928798 Estimate Date Estimate # 8/26/2013 995 PROJECT RETRO FIT THRIE BEAM FDOT DOE CERTIFIED Miscellaneous Asphalt Patch Work around posts, all Concrete work, Excavation, Backfill, S DESCRIPTION BARBER STREET Palm B�aeh County FIN PROJECT NO NS: 11571.000 OWNER INFO. SWB-)E Certified COUNTY INDIAN RIVER CAL DAYS Item Description 4 Unit Price U/M Total * ** *WITHOUT MOT* * * ** e 536 -1 -5 536 -8 536 -85 -22 536 -1 -1 rHRIE BEAM RETRO FIT INDEX (471) kNC ASSY, TYPE BRIDGE END ANCHORAGE ASSEMBLY FLARED jUARDRAIL (ROADWAY) 22� 4t 41 176 168.62 2,224.53 2,070.72 17.88 L.F EA EA L.F 37,939.50 8,898.12 8,282.88 3,146.88 T Comments: The follom ng to be performed by others: Maintenance of Traffic Miscellaneous Asphalt Patch Work around posts, all Concrete work, Excavation, Backfill, S aping, Grading and Dewatering for any End Anchorage Assembly. Cost for any bonds nee are not included in this price. Notes: No material or red or work scheduled without SIGNED QUOTE AND NOTICE TO OWNER INFO. SUBMITTED BW COMPANY: ACCEPTANCE S; PRINTED SIGNA' $58,267.38 28 of 95 Subject: Resolution R -13 -18 Rules of Agenda No. 7r - 13 / Z S Procedure ' Department Origin: r r Submittal by: City Manager City Attorney/City Cler _ Date Submitted: September 3, 2013 r For Agenda of. September 11. 2013 E bits: Resolution No. R -13 -18 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY This agenda item was prepared and placed on the agenda by the City Clerk and the City Attorney. This Resolution contains a revised set of City Council Rules of Procedure. The new rules are substantially similar to the existing rules, except: • The rules have been reorganized in a more logical format. • Duplicative language and unnecessary explanations have been deleted. • A new rule suggested by recent State legislation has been added permitting the chair to require large numbers of individuals, groups or factions to speak through representatives. Section 8 B 1. RECOMMENDED ACTION Move to Adopt Resolution No. R- 13 -18. 29 of 95 RESOLUTION NO. R -13 -18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. R- 12 -01; 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 achieve compliance with recently enacted State Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. 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 for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. B. Special Meetings: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. C. 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. D. 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. 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. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points 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, and the result shall be determined by majority vote. 30 of 95 SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set 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. 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. 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. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, 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 appropriate. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re- noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. matter. C. Deferring Decision on Merits. City Council may defer action on the merits of any 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. 31 of 95 2 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. The Chair may require a large number of individuals, groups, or factions to speak through one or more representatives rather than permitting all members of each group or faction to address the City Council individually. 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 call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. 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. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution 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 or by the City Council's failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to 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- 12 -01. 3 32 of 95 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 Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2013. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney Bob McPartlan, Mayor 33 of 95 M EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES * 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. 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 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. 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. 9. PUBLIC HEARINGS Procedures for Public Hearings: Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Staff presentation, comments and preliminary recommendation Applicant presentation Public input. Staff final comments and recommendation Chair closes hearing Council Deliberation and Action 10. UNFINISHED BUSINESS 11. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CITY COUNCIL MATTERS No public input under this heading 17. 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 may be suspended by the affirmative vote of at least three Council members. 5 34 of 95 Subject: Approval of Resolution R -13 -19 Agenda No. — /3 , i 2,fo EZGO Department Origin: 87 New Carts Administrative Se a :` I 1 App ed Submittal by: City Manager City Attorney: 1 New Utility Cart City Clerk: 8,499 Date Submitted: Septe er 4, 2013 Al A i n , ity Manager For Agenda of: September 11, 2013 Exhibits: Resolution R- 13 -19, Proposal Evaluation, Seacoast National Bank Loan Schedule, Yamaha Bid and Loan Schedules, EZGO Bid and Loan Schedule, Club Car Bid and Loan Schedule. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $331,503 Total for 4 Years $62,935.00 for FY 2014 REQUIRED: None $57,076 During FY 2014 103,200 Net Purchase Price SUMMARY This agenda item seeks City Council approval of a purchase of 87 golf carts (one to be used as a ranger cart) and a utility cart from Yamaha Golf Car Company and the authorization to finance the purchase through a bank note with Seacoast National Bank. The current fleet of 86 Club Car carts will be traded -in. The City initially received bids from three companies that are the primary suppliers of golf carts in the region. However, the vendors proposed multiple alternatives and Staff concluded that an equitable comparison could not be made. Consequently, we rejected those bids and repeated the bid process with specific terms that we expected to be addressed with their bid. We received new bids from the same three companies, which are summarized below: Each company also offered a financing plan but after checking with Seacoast National Bank, which is our main depository bank, we obtained a rate proposal that when combined with the lower net price from Yamaha will result in a lower total cost. It will also result in a budget savings next fiscal year of $5,978. This is summarized below: Yamaha Yamaha EZGO Club Car 87 New Carts $326,250 $323,814 $325,424 1 New Utility Cart 7,200 8,499 No Charge Total Purchase Price $333,450 $332,313 $325,424 Trade -in of 86 Used Carts - 137,600 - 132,698 - 103,200 Payoff to Club Car on 86 Carts 103,200 103,200 103,200 Net Purchase Price $299,050 $302,815 $325,424 Each company also offered a financing plan but after checking with Seacoast National Bank, which is our main depository bank, we obtained a rate proposal that when combined with the lower net price from Yamaha will result in a lower total cost. It will also result in a budget savings next fiscal year of $5,978. This is summarized below: Yamaha EZGO Club Car Seacoast Interest Rate 4.20% 3.95% 2.89% 3.85% Total Cost Over 4 Years $333,972 $335,946 $350,137 $331,503 FY 2014 Budget Savings $5,242 $4,748 $1,201 $5,859 It is imperative SMGC have quality, functioning and reliable golf carts, due to the heavy annual customer traffic demand (60,000 + rounds per year, the majority of which entails cart rentals). The cart rental fee is a key source of revenue for SMGC, averaging $625,000 for the last three (3) fiscal years. SMGC golf staff is comfortable with the selection of Yamaha; several golf courses in the immediate area are utilizing Yamaha, which include Sandridge Golf Club, The Club at Pointe West, Indian River Club & the Majors. In discussions with golf staff at each mentioned golf facility, all were pleased with the performance, reliability and service of Yamaha. Entering into a four (4) year financing is important as well for SMGC, again, mainly due to the heavy use. After four years of heavy, consistent use of an electric golf cart, it would be extremely common for key parts to be replaced including batteries, tires and most wires and fuses. For this reason, it would not be cost - effective to defer replacement beyond four (4) years. The utility cart is also an important vehicle for golf course use; this cart will be used exclusively for picking range balls, with range balls representing a consistent revenue source of $41,340 over the last three (3) years. RECOMMENDED ACTION Staff is requesting that the City Council award the bid to Yamaha Golf Car Company and to adopt Resolution R -13 -19 accepting the financing proposal from Seacoast National Bank and authorizing the Mayor to execute the necessary closing documents for the loan. 35 of 95 RESOLUTION NO. R -13 -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ACCEPTING A PROPOSAL OF SEACOAST NATIONAL BANK AND APPROVING A LOAN AGREEMENT WITH SEACOAST NATIONAL BANK IN THE AGGREGATE PRINCIPAL AMOUNT OF $299,050 TO PURCHASE GOLF CARTS FOR THE CITY OF SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE REPAYMENT OF SUCH LOAN FROM GOLF COURSE REVENUES; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID LOAN DOCUMENTS TO SEACOAST NATIONAL BANK BY THE MAYOR; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City operates a municipal golf course and requires certain equipment to be acquired for the purpose of maintaining those facilities; and WHEREAS, the City desires to replace the current fleet of golf carts at this time to avoid excessive repair costs; and WHEREAS, the City approved funds in the golf course budget for the required payments of the equipment financing; and WHEREAS, the City has determined to use the services of Seacoast National Bank for an equipment loan; and WHEREAS, the City wishes to execute a loan agreement with Seacoast National Bank to repay the loan in forty -eight (48) equal monthly payments with a final balloon payment at the end of the loan period and agrees to a first lien on said equipment until the loan is fully paid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City accepts the proposal from Seacoast National Bank for a loan agreement requiring repayment over forty -eight months with a final balloon payment at the end of the loan period and agrees to a first lien on said equipment until the loan is fully paid. Section 2. The Mayor is hereby authorized on behalf of the City to execute and deliver the necessary closing documents for the equipment loan, following final review and approval by the City Attorney, City Manager, City Clerk and Finance Director. Section 3. If any clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. 36 of 95 Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Andrea B. Coy Councilmember Jim Hill Councilmember Jerome Adams The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of September, 2013. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 37 of 95 Golf Cart Proposal Evaluation August 29, 2013 YAMAHA WITH SEACOAST BANK FINANCING: 322,500.00 7,200.00 3,750.00 333,450.00 88.00 3,789.20 86 Carts Utility Cart Another Cart vs. Ranger Cart Total # Units Average 103,200.00 To Clubcar 333,450.00 Total for 86 Carts plus Utility and 1 for Ranger 34,400.00 Annual Cost to Budget End of Term Total Pricing Old Cart Payoff Annual Payments (Currently $62,935) Payout Costs YAMAHA: 48.00 # months 5,859.16 Budget Savings (1 st Yr.) 228,303.36 322,500.00 86 Carts 333,450.00 Total for 86 Carts plus Utility and 1 for Ranger 7,200.00 Utility Cart 34,400.00 Trade -in net of Clubcar payoff 3,750.00 Another Cart vs. Ranger Cart 299,050.00 Amount Financed 333,450.00 Total 88.00 # Units 4.20% Interest Rate 3,78 .20 Average 103,200.00 To Clubcar 4,807.76 per month 57,693.12 12 Payments 48.00 # months 5,241.88 Budget Savings (1 st Yr.) 230,772.48 103,200.00 333,972.48 EZGO: 320,092.00 86 Carts 332,313.00 Total for 86 Carts plus Utility and 1 for Ranger 8,499.00 Utility Cart 29,498.00 Trade -in net of Clubcar payoff 3,722.00 Another Cart vs. Ranger Cart 302,815.00 Amount Financed 332,313.00 Total 88.00 # Units 3.95% Interest Rate 3,776.28 Average 103,200.00 To Clubcar 4,848.88 per month 58,186.56 12 Payments 48.00 # months 4,748.44 Budget Savings (1st Yr.) 2 2, 46.24 103,200.00 335,946.24 CLUBCAR: 325,424.00 86 Carts 325,424.00 Total for 86 Carts plus Utility and 1 for Ranger - Utility Cart - Trade -in - Another Cart vs. Ranger Cart 325,424.00 Amount Financed 25,424.00 Total 88.00 # Units 2.89% Interest Rate 3,698.00 Average 5,144.52 per month 61,734.24 12 Payments 48.00 # months 1,200.76 Budget Savings (1 st Yr.) 24 6, 9 .96 103,200.00 350,136.96 YAMAHA WITH SEACOAST BANK FINANCING: 322,500.00 7,200.00 3,750.00 333,450.00 88.00 3,789.20 86 Carts Utility Cart Another Cart vs. Ranger Cart Total # Units Average 103,200.00 To Clubcar 333,450.00 Total for 86 Carts plus Utility and 1 for Ranger 34,400.00 Trade -in net of Clubcar payoff 299,050.00 Amount Financed 3.85% Interest Rate 4,756.32 per month 57,075.84 12 Payments 48.00 # months 5,859.16 Budget Savings (1 st Yr.) 228,303.36 103,200.00 331,503.36 38 of 95 -5-e-A Co AsI 1-11, 08/30/2013 11:35:01 AM Pagel Compound Period ......... : Exact Days Nominal Annual Rate.... : 3.850 % CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 09/30/2013 299,050.00 1 2 Payment 10/31/2013 4,756.32 48 Monthly 09/30/2017 3 Payment 10/31/2017 103,200.00 1 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Balance Loan 09/30/2013 299,050.00 1 1 0/31 /2013 4,756.32 991.43 3,764.89 295,285.11 2 11/30/2013 4,756.32 947.37 3,808.95 291,476.16 3 12/31/2013 4,756.32 966.32 3,790.00 287,686.16 2013 Totals 14,268.96 2,905.12 11,363.84 4 01/31/2014 4,756.32 953.76 3,802.56 283,883.60 5 02/28/2014 4,756.32 850.07 3,906.25 279,977.35 6 03/31/2014 4,756.32 928.20 3,828.12 276,149.23 7 04/30/2014 4,756.32 885.98 3,870.34 272,278.89 8 05/31/2014 4,756.32 902.68 3,853.64 268,425.25 9 06/30/2014 4,756.32 861.20 3,895.12 264,530.13 10 07/31/2014 4,756.32 876.99 3,879.33 260,650.80 11 08/31 /2014 4,756.32 864.13 3,892.19 256,758.61 12 09/30/2014 4,756.32 823.77 3,932.55 252,826.06 13 10/31/2014 4,756.32 838.19 3,918.13 248,907.93 14 11/30/2014 4,756.32 798.58 3,957.74 244,950.19 15 12/31/2014 4,756.32 812.08 3,944.24 241,005.95 2014 Totals 57,075.84 10,395.63 46,680.21 16 01/31/2015 4,756.32 799.00 3,957.32 237,048.63 17 02/28/2015 4,756.32 709.83 4,046.49 233,002.14 18 03/31/2015 4,756.32 772.47 3,983.85 229,018.29 19 04/30/2015 4,756.32 734.77 4,021.55 224,996.74 20 05/31/2015 4,756.32 745.93 4,010.39 220,986.35 21 06/30/2015 4,756.32 709.00 4,047.32 216,939.03 22 07/31/2015 4,756.32 719.21 4,037.11 212,901.92 23 08/31 /2015 4,756.32 705.83 4,050.49 208,851.43 24 09/30/2015 4,756.32 670.07 4,086.25 204,765.18 25 10/31/2015 4,756.32 678.85 4,077.47 200, 687.71 26 11/30/2015 4,756.32 643.87 4,112.45 196,575.26 27 12/31/2015 4,756.32 651.70 4,104.62 192,470.64 2015 Totals 57,075.84 8,540.53 48,535.31 28 01/31/2016 4,756.32 638.09 4,118.23 188,352.41 29 02/29/2016 4,756.32 584.15 4,172.17 184,180.24 30 03/31/2016 4,756.32 610.61 4,145.71 180,034.53 39 of 95 08/30/2013 11:35:01 AM Page 2 Date Payment Interest Principal Balance 31 04/30/2016 4,756.32 577.61 4,178.71 32 05/31/2016 4,756.32 583.01 4,173.31 33 06/30/2016 4,756.32 550.81 4,205.51 34 07/31/2016. 4,756.32 555.23 4,201.09 35 08/31/2016 4,756.32 541.30 4,215.02 36 09/30/2016 4,756.32 510.32 4,246.00 37 10/31/2016 4,756.32 513.25 4,243.07 38 11/30/2016 4,756.32 483.08 4,273.24 39 12/31/2016 4,756.32 485.02 4,271.30 2016 Totals 57,075.84 6,632.48 50,443.36 40 01/3112017 4,756.32 470.86 4,285.46 41 02/28/2017 4,756.32 412.46 4,343.86 42 03131/2017 4,756.32 442.25 4,314.07 43 04/30/2017 4,756.32 414.14 4,342.18 44 05/31/2017 4,756.32 413.55 4,342.77 45 06/30/2017 4,756.32 386.28 4,370.04 46 07/31/2017 4,756.32 384.67 4,371.65 47 08/31/2017 4,756.32 370.17 4,386.15 48 09/30/2017 4,756.32 344.16 4,412.16 49 10/31/2017 103,200.00 341.06 102,858.94 2017 Totals 146,006.88 3,979.60 142,027.28 Grand Totals 331,503.36 32,453.36 299,050.00 175,855.82 171,682.51 167,477.00 163,275.91 159,060.89 154,814.89 150, 571.82 146,298.58 142,027.28 137,741.82 133,397.96 129,083.89 124,741.71 120,398.94 116, 028.90 111,657.25 107,271.10 102,858.94 0.00 40 of 95 t r. Description Unit Price 86 New golf carts, as specified herein $ '5 v 1 Carryall/Utility Cart $ ,' 1 Ranger Cart ( ©o $ 34q-31, 141<V7. 86 Trade -in amount for used Club Car carts $ 11600, Payable on or before September 15, 2013. Net Total = $ Total $ 325,101 . " $� v $"� $ 1 PO . chi or s' Monthly payment on 48 month lease with $103,200 balloon payment Ce() u $� at completion of term. C��l Interest rate of Lease. % For new carts, state manufacturer /model bid: Xi'm1-0�- ��11�� ROb6L Delivery time after receipt of order '�0-4S' calendar days. Prompt Payment Discount: % days; net -- ' days (payment will be made within 45 days after receipt of merchandise and a proper invoice, unless payment discount is offered.) If awarded the contract resulting from this bid, will your company agree to extend the same prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not required for contract award.) X Yes No If awarded the contract resulting from this bid, will your company agree to sell additional items at the awarded contract price? Yes X No State the time period applicable for such additional purchases: Name, address & telephone number of company submitting bid: Name• T�[���imd 6Vt' � 00Af1i�I� 16 p.,e,, CeL" e,454 M� 41 of 95 (OYAMAHA Sebastian County Initialed By: AMORTIZATION SCHEDULE FOR MUNICIPALITY CONDITIONAL SALE CONTRACT PURCHASER: Sebastian Countv EQUIPMENT SCHEDULE # 106541 Yield: 4.200 % Due Principal Mon # Date Pavment Interest Adiustment Balance Totals: 217,764.46 32,515.96 185,246.52 42 of 95 Total Financed ........... 288.100.00 1 10/01/13 4.536.76 976.26 3.560.50 284.539.50 2 11/01/13 4.536.76 964.19 3.572.57 280.966.93 3 12/01/13 4.536.76 952.09 3.584.67 277.382.26 4 01/01/14 4.536.76 939.94 3.596.82 273.785.43 5 02101/14 4.536.76 927.75 3.609.01 270.176.42 6 03/01/14 4.536.76 915.52 3.621.24 266.555.19 7 04/01/14 4.536.76 903.25 3.633.51 262.921.68 8 05/01/14 4.536.76 890.94 3.645.82 259.275.85 9 06/01/14 4.536.76 878.58 3.658.18 255.617.68 10 07/01/14 4.536.76 866.19 3.670.57 251.947.11 11 08/01/14 4.536.76 853.75 3.683.01 248.264.09 12 09/01/14 4.536.76 84127 3.695.49 244.568.60 13 10/01/14 4.536.76 828.75 3.708.01 240.860.59 14 11/01/14 4.536.76 816.18 3.720.58 237.140.01 15 12101/14 4.536.76 803.57 3.733.19 233.406.83 16 01/01/15 4.536.76 790.92 3.745.84 229.660.99 17 02/01/15 4.536.76 778.23 3.758.53 225.902.46 18 03/01/15 4.536.76 765.49 3.771.27 222.131.19 19 04/01/15 4.536.76 752.71 3.784.05 218.347.15 20 05/01/15 4.536.76 739.89 3.796.87 214.550.28 21 06/01/15 4.536.76 727.03 3.809.73 210.740.55 22 07/01/15 4.536.76 714.12 3.822.64 206.917.90 23 08/01/15 4.536.76 701.16 3.835.60 203.082.31 24 09/01/15 4.536.76 688.17 3.848.59 199.233.71 25 10/01/15 4.536.76 675.12 3.861.64 195.372.08 26 11/01/15 4.536.76 662.04 3.874.72 191.497.36 27 12/01/15 4.536.76 648.91 3.887.85. 187.609.50 28 01/01/16 4.536.76 635.73 3.901.03 183.708.48 29 02/01/16 4.536.76 622.52 3.914.24 179.794.23 30 03/01/16 4.536.76 609.25 3.927.51 175.866.73 31 04/01/16 4.536.76 595.94 3.940.82 171.925.91 32 05/01/16 4.536.76 582.59 3.954.17 167.971.74 33 06/01 /16 4.536.76 569.19 3.967.57 164.004.17 34 07/01/16. 4.536.76 555.75 3.981.01 160.023.15 35 08/01/16 4.536.76 542.26 3.994.50 156.028.65 36 09/01/16 4.536.76 528.72 4.008.04 152.020.61 37 10/01/16 4.536.76 515.14 4.021.62 147.998.99 38 11/01/16 4.536.76 501.51 4.035.25 143.963.74 39 12/01/16 4.536.76 487.84 4.048.92 139.914.81 40 01/01/17 4.536.76 474.12 4.062.64 135.852.17 41 02101/17 4.536.76 460.35 4.076.41 131.775.76 42 03/01/17 4.536.76 446.54 4.090.22 127.685.53 43 04101/17 4.536.76 432.68 4.104.08 123.581.45 44 05/01/17 4.536.76 418.77 4.117.99 119.463.46 45 06/01/17 4.536.76 404.81 4.131.95 115.331.51 46 07/01/17 4.536.76 390.81 4.145.95 111.185.57 47 08/01/17 4.536.76 376.76 4.160.00 107.025.57 48 09/01/17 4,536.76 362.67 4,174.09 102,851.48 Totals: 217,764.46 32,515.96 185,246.52 42 of 95 W Sebastian County Initialed By: AMORTIZATION SCHEDULE FOR MUNICIPALITY CONDITIONAL SALE CONTRACT PURCHASER: Sebastian County EQUIPMENT SCHEDULE # 106543 Yield: 4.200% Due Principal Mon # Date Pavment Interest Adiustment Balance Totals: 6,706.56 702.53 6,004.03 43 of 95 Total Financed ........... 7.200.00 1 10/01/13 139.72 24.27 115.45 7.084.55 2 11/01/13 139.72 23.88 115.84 6.968.72 3 12/01/13 139.72 23.49 116.23 6.852.49 4 01/01/14 139.72 23.10 116.62 6.735.87 5 02101/14 139.72 22.71 117.01 6.618.86 6 03/01/14 139.72 22.31 117.41 6.501.46 7 04/01/14 139.72 21.92 117.80 6.383.66 8 05/01/14 139.72 21.52 118.20 6.265.46 9 06/01/14 139.72 21.12 118.60 6.146.86 10 07/01/14 139.72 20.72 119.00 6.027.86 11 08101/14 139.72 20.32 119.40 5.908.47 12 09/01/14 139.72 19.92 119.80 5388.67 13 10/01/14 139.72 19.52 120.20 5.668.46 14 11/01/14 139.72 19.11 120.61 5.547.85 15 12/01/14 139.72 18.70 121.02 5.426.84 16 01/01/15 139.72 18.30 121.42 5.305.41 17 02/01/15 139.72 17.89 121.83 5.183.58 18 03/01/15 139.72 17.48 122.24 5.061.33 19 04/01/15 139.72 17.06 122.66 4.938.68 20 05/01/15 139.72 16.65 123.07 4.815.61 21 06/01/15 139.72 16.24 123.48 4.692.12 22 07/01/15 139.72 15.82 123.90 4.568.22 23 08101/15 139.72 15.40 124.32 4.443.90 24 09/01/15 139.72 14.98 124.74 4.319.16 25 10/01/15 139.72 14.56 125.16 4.194.01 26 11/01/15 139.72 14.14 125.58 4.068.42 27 12101/15 139.72 13.72 126.00 3.942.42 28 01/01/16 139.72 13.29 126.43 3.815.99 29 02/01/16 139.72 12.87 126.85 3.689.14 30 03/01/16 139.72 12.44 127.28 3.561.85 31 04/01/16 139.72 12.01 127.71 3.434.14 32 05/01/16 139.72 11.58 128.14 3.306.00 33 06/01/16 139.72 11.15 128.57 3.177.43 34 07/01/16 139.72 10.71 129.01 3.048.42 35 08/01/16 139.72 10.28 129.44 2.918.98 36 09/01/16 139.72 9.84 129.88 2.789.10 37 10/01/16 139.72 9.40 130.32 2.658.78 38 11/01/16 139.72 8.96 130.76 2.528.02 39 12/01/16 139.72 8.52 131.20 2.396.83 40 01/01/17 139.72 8.08 131.64 2.265.19 41 02/01/17 139.72 7.64 132.08 2.133.10 42 03/01/17 139.72 7.19 132.53 2.000.58 43 04/01/17 139.72 6.74 132.98 1.867.60 44 05/01/17 139.72 6.30 133.42 1.734.18 45 06/01/17 139.72 5.85 133.87 1.600.30 46 07/01/17 139.72 5.40 134.32 1.465.98 47 08/01/17 139.72 4.94 134.78 1.331.20 48 09/01/17 139.72 4.49 135.23 1,195.97 Totals: 6,706.56 702.53 6,004.03 43 of 95 Sebastian County AMORTIZATION SCHEDULE FOR MUNICIPALITY CONDITIONAL SALE CONTRACT PURCHASER: Sebastian County EQUIPMENT SCHEDULE # 106542 Yield: 4.200% Initialed By: Due Principal Date Pavment Interest Adiustme Totals: 3,163.20 427.36 2,735.84 3.613.59 3.559.93 3.506.08 3.452.05 3.397.84 3.343.45 3.288.87 3.234.10 3.179.16 3.124.02 3.068.70 3.013.19 2.957.49 2.901.61 2.845.53 2.789.27 2.732.81 2.676.17 2.619.33 2.562.30 2.505.08 2.447.66 2.390.05 2.332.24 2.274.24 2.216.04 2.157.64 2.099.05 2.040.26 1.981.26 1.922.07 1.862.68 1.803.09 1.743.29 1.683.30 1.623.10 1.562.69 1.502.09 1.441.27 1.380.25 1.319.03 1.257.59 1,195.95 44 of 95 Total Fi 10/01/13 65.90 13.31 52.59 11/01/13 65.90 13.14 52.76 12101/13 65.90 12.96 52.94 01/01/14 65.90 12.78 53.12 02101/14 65.90 12.60 53.30 03/01/14 65.90 12.42 53.48 04/01/14 65.90 12.24 53.66 05/01/14 65.90 12.05 53.85 06/01/14 65.90 11.87 54.03 07/01/14 65.90 11.69 54.21 08/01/14 65.90 11.51 54.39 09/01/14 65.90 11.32 54.58 10/01/14 65.90 11.14 54.76 11/01/14 65.90 10.95 54.95 12101/14 65.90 10.77 55.13 01/01/15 65.90 10.58 55.32 02/01/15 65.90 10.39 55.51 03/01/15 65.90 10.20 55.70 04/01/15 65.90 10.01 55.89 05/01/15 65.90 9.83 56.07 06/01/15 65.90 9.64 56.26 07/01/15 65.90 9.44 56.46 08/01/15 65.90 9.25 56.65 09/01/15 65.90 9.06 56.84 10/01/15 65.90 8.87 57.03 11/01/15 65.90 8.68 57.22 12101/15 65.90 8.48 57.42 01/01/16 65.90 8.29 57.61 02101/16 65.90 8.09 57.81 03/01/16 65.90 7.90 58.00 04/01/16 65.90 7.70 58.20 05/01/16 65.90 7.50 58.40 06/01/16 65.90 7.31 58.59 07/01/16 65.90 7.11 58.79 08/01/16 65.90 6.91 58.99 09/01/16 65.90 6.71 59.19 10/01/16 65.90 6.51 59.39 11/01/16 65.90 6.31 59.59 12101/16 65.90 6.11 59.79 01/01/17 65.90 5.90 60.00 02/01/17 65.90 5.70 60.20 03101/17 65.90 5.50 60.40 04/01/17 65.90 5.29 60.61 05/01/17 65.90 5.09 60.81 06/01/17 65.90 4.88 61.02 07/01/17 65.90 4.67 61.23 08/01/17 65.90 4.47 61.43 09/01/17 65.90 4.26 61.64 Totals: 3,163.20 427.36 2,735.84 3.613.59 3.559.93 3.506.08 3.452.05 3.397.84 3.343.45 3.288.87 3.234.10 3.179.16 3.124.02 3.068.70 3.013.19 2.957.49 2.901.61 2.845.53 2.789.27 2.732.81 2.676.17 2.619.33 2.562.30 2.505.08 2.447.66 2.390.05 2.332.24 2.274.24 2.216.04 2.157.64 2.099.05 2.040.26 1.981.26 1.922.07 1.862.68 1.803.09 1.743.29 1.683.30 1.623.10 1.562.69 1.502.09 1.441.27 1.380.25 1.319.03 1.257.59 1,195.95 44 of 95 SECTION III BID PROPOSAL SHEET QtY-. Description 86 New golf carts, as specified herein 1 Carryall/Utility Cart C.V&4"^P' _ 1 Ranger Cart RA344- 86 Trade -in amount for used Club Car carts Payable on or before September 15, 2013. Unit Price Total $ 32-01o9L $ �, W�q $ 8;49 $ %��-! $-1�'_ Net Total $ $ Z02— o08 Monthly payment on 48 month lease with $103,200 balloon payment $ Z, 5,98. Vy at completion of term. Interest rate of Lease. % For new carts, state manufacturer /model bid: ' Z' �� 75C7' a LEGery L F-der- Delivery time after receipt of order 2'�3 - q2- calendar days. Prompt Payment Discount: --- % days; net3t� days (payment will be made within 45 days after receipt of merchandise and a proper invoice, unless payment discount is offered.) If awarded the contract resulting from this bid, will your company agree to extend the same prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not required for contract award.) X Yes No If awarded the contract resulting from this bid, will your company agree to sell additional items at the awarded contract price? Yes__X_No State the time period applicable for such additional purchases: U P `1'0 Name, address & telephone number of company submitting bid: Name: f • :& • G o j>W i 510 coG 'f'e,,yxa" 16 45 of 95 Mortgage /Loan Calculator with Amortization Schedule 0:,�Z C® Page 1 of 2 Loan Amortization Calculator Almost any data field on this form may be calculated. Enter the appropriate numbers in each slot, leaving blank (or zero) the value that you wish to determine, and then click "Calculate" to update the page. Principal 302815.00; Annual Interest Rate 3.95001. Balloon Payment 103200.001 Payments per Year --- - - - - -- 12] Number of Regular Payments 48, Payment Amount 4848.88] F. Show Amortization Schedule Calculate This loan calculator is written and maintained by Bret Whissel. See Bret's Blog for help, a spreadsheet, derivations, calculator news, and more information. Summary Principal borrowed: $302,815.00 Annual Payments: 12 Regular Payment amount: $4,848.88 Total Payments: 49 (4.08 years) Final Balloon Payment: $103,200.00 Annual interest rate: 3.95% Interest -only payment: $996.77 Periodic interest rate: 0.3292% *Total Repaid: $335,946.24 *Total interest paid as a *Total Interest Paid: $33,131.24 percentage of Principal: 10.941% *These results are estimates which do not account for accumulated error of payments being rounded to the nearest cent. See the amortization schedule for more accurate values. 46 of 95 http: / /bretwhissel.neVcgi- bin /amortize 8/30/2013 Mortgage /Loan Calculator with Amortization Schedule Pmt Principal Interest Cum Prin Cum Int Prin Bal 1 3,852.11 996.77 3,852.11 996.77 298,962.89 2 3,864.79 984.09 7,716.90 1,980.86 295,098.10 3 3,877.52 971.36 11,594.42 2,'952.22 291,220.58 4 3,890.28. 958.60 15,484.70 3,910.82 287,330.30 5 3,903.08 945.80 19,387.78 4,856.62 283,427.22 6 3,915.93 932.95 23,303.71 5,789.57 279,511.29 7 3,928.82 920.06 27,232.53 6,709.63 275,582.47 8 3,941.75 907.13 31,174.28 7,616.76 271,640.72 9 3,954.73 894.15 35,129.01 8,510.91 267,685.99 10 3,967.75 881.13 39,096.76 9,392.04 263,718.24 11 3,980.81 868.07 43,077.57 10,260.11 259,737.43 12 3,993.91 854.97 47,071.48 11,115.08 255,743.52 13 4,007.06 841.82 51,078.54 11,956.90 251,736.46 14 4,020.25 828.63 55,098.79 12,785.53 247,716.21 15 4,033.48 815.40 59,132.27 13,600.93 243,682.73 16 4,046.76 802.12 63,179.03 14,403.05 239,635.97 17 4,060.08 788.80 67,239.11 15,191.85 235,575.89 18 4,073.44 775.44 71,312.55 15,967.29 231,502.45 19 4,086.85 762.03 75,399.40 16,729.32 227,415.60 20 4,100.30 748.58 79,499.70 17,477.90 223,315.30 21 4,113.80 735.08 83,613.50 18,212.98 219,201.50 22 4,127.34 721.54 87,740.84 18,934.52 215,074.16 23 4,140.93 707.95 91,881.77 19,642.47 210,933.23 24 4,154.56 694.32 96,036.33 20,336.79 206,778.67 25 4,168.23 680.65 100,204.56 21,017.44 202,610.44 26 4,181.95 666.93 104,386.51 21,684.37 198,428.49 27 4,195.72 653.16 108,582.23 22,337.53 194,232.77 28 4,209.53 639.35 112,791.76 22,976.88 190,023.24 29 4,223.39 625.49 117,015.15 23,602.37 185,799.85 30 4,237.29 611.59 121,252.44 24,213.96 181,562.56 31 4,251.24 597.64 125,503.68 24,811.60 177,311.32 32 4,265.23 583.65 129,768.91 25,395.25 173,046.09 33 4,279.27 569.61 134,048.18 25,964.86 168,766.82 34 4,293.36 555.52 138,341.54 26,520.38 164,473.46 35 4,307.49 541.39 142,649.03 27,061.77 160,165.97 36 4,321.67 527.21 146,970.70 27,588.98 155,844.30 37 4,335.89 512.99 151,306.59 28,101.97 151,508.41 38 4,350.16 498.72 155,656.75 28,600.69 147,158.25 39 4,364.48 484.40 160,021.23 29,085.09 142,793.77 40 4,378.85 470.03 164,400.08. 29,555.12 138,414.92 41 4,393.26 455.62 168,793.34 30,010.74 134,021.66 42 4,407.73 441.15 173,201.07 30,451.89 129,613.93 43 4,422.23 426.65 177,623.30 30,878.54 125,191.70 44 4,436.79 412.09 182,060.09 31,290.63 120,754.91 45 4,451.40 397.48 186,511.49 31,688.11 116,303.51 46 4,466.05 382.83 190,977.54 32,070.94 111,837.46 47 4,480.75 368.13 195,458.29 32,439.07 107,356.71 48 4,495.50 353.38 199,953.79 32,792.45 102,861.21 49 *102,861.21 338.58 302,815.00 33,131.03 0.00 *The final payment has been adjusted to account for payments having been rounded to the nearest cent. Page 2 of 2 47 of 95 http: / /bretwhissel.neticgi- bin /amortize 8/30/2013 SECTION III BID PROPOSAL SHEET Qty, Description Unit Price Total 86 New golf carts, as specified herein $ '1 S $-19,—q 2 1 Carryall/Utility Cart $ G $ O 1 Ranger Cart $ 0 $ O 86 Trade -in amount for used Club Car carts $ (1 Q O $ l03 00 Payable on or before September 15, 2013. Net Total $ 3, -7 m $ 3,2 5�, Y a N _- 1 Monthly payment on 48 month lease with $103,200 balloon payment $ 51 at completion of term. j n e d e Interest rate of Lease. = °—t—% For new carts, state manufacturer /model bid: IPr P c e j e n f 6 )- A c e Delivery time after receipt of order calendar days. Prompt Payment Discount: ' % ' days; net r days (payment will be made within 45 days after receipt of merchandise and a proper invoice, unless payment discount is offered.) If awarded the contract resulting from this bid, will your company agree to extend the same prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not required for contract award.) Yes Z No If awarded the contract resulting from this bid, will your company agree to sell additional items at the awarded contract price? Yes No ✓ J State the time period applicable for such additional purchases: Name, / addressii& telephone number of company submitting bid: Name: .tU� t of �LC 16 48 of 95 Mortgage /Loan Calculator with Amortization Schedule CL U 6 CA 1Z, Page 1 of 2 Loan Amortization Calculator Almost any data field on this form may be calculated. Enter the appropriate numbers in each slot, leaving blank (or zero) the value that you wish to determine, and then click "Calculate" to update the page. Principal 325424.00 Annual Interest Rate _2_8900; Balloon Payment 103200.00! Payments per Year 121 Number of Regular Payments �— 48 Payment Amount 5161.40:. F Show Amortization Schedule Calculate This loan calculator is written and maintained by Bret Whissel. See Bret's Bloa for help, a spreadsheet, derivations, calculator news, and more information. Summary Principal borrowed: $325,424.00 Annual Payments: 12 Regular Payment amount: $5,161.40 Total Payments: 49 (4.08 years) Final Balloon Payment: $103,200.00 Annual interest rate: 2.89% Interest -only payment: $783.73 Periodic interest rate: 0.2408% *Total Repaid: $350,947.20 *Total interest paid as a *Total Interest Paid: $25,523.20 percentage of Principal: 7.843% *These results are estimates which do not account for accumulated error ofpayments being rounded to the nearest cent. See the amortization schedule for more accurate values. 49 of 95 http: / /bretwhissel.neticgi- bin /amortize 8/30/2013 Mortgage /Loan Calculator with Amortization Schedule Pmt Principal Interest Cum Prin Cum Int Prin Bal 1 4,377.67 783.73 4,377.67 783.73 321,-046.33 2 4,388.21 773.19 8,765.88 1,556.92 316,658.12 3 4,398.78 762.62 13,164.66 2,319.54 312,259.34 4 4,409.38 .752.02 17,574..04 3,071.56 .307,849.96 5 4,419.99 741.41 21,994.03 3,812.97 303,429.97 6 4,430.64 730.76 26,424.67 4,543.73 298,999.33 7 4,441.31 720.09 30,865.98 5,263.82 294,558.02 8 4,452.01 709.39 35,317.99 5,973.21 290,106.01 9 4,462.73 698.67 39,780.72 6,671.88 285,643.28 10 4,473.48 687.92 44,254.20 7,359.80 281,169.80 11 4,484.25 677.15 48,738.45 8,036.95 276,685.55 12 4,495.05 666.35 53,233.50 8',703.30 272,190:50 13 4,505.87 655.53 57,739.37 9,358.83 267,684.63 14 4,516.73 644.67 62,256.10 10,003.50 263,167.90 15 4,527.60 633.80 66,783.70 10,637.30 258,640.30 16 4,538.51 622.89 71,322.21 11,260.19 254,101.79 17 4,549.44 611.96 75,871.65 11,872.15 249,552.35 18 4,560.39 601.01 80,432.04 12,473.16 244,991.96 19 4,571.38 590.02 85,003.42 13,063.18 240,420.58 20 4,582.39 579.01 89,585.81 13,642.19 235,838.19 21 4,593.42 567.98 94,179.23 14,210.17 231,244.77 22 4,604.49 556.91 98,783.72 14,767.08 226,640.28 23 4,615.57 545.83 103,399.29 15,312.91 222,024.71 24 4,626.69 534.71 108,025.98 15,847.62 217,398.02 25 4,637.83 523.57 112,663.81 16,371.19 212,760.19 26 4,649.00 512.40 117,312.81 16,883.59 208,111.19 27 4,660.20 501.20 121,973.01 17,384.79 203,450.99 28 4,671.42 489.98 126,644.43 17,874.77 198,779.57 29 4,682.67 478.73 131,327.10 18,353.50 194,096.90 30 4,693.95 467.45 136,021.05 18,820.95 189,402.95 31 4,705.25 456.15 140,726.30 19,277.10 184,697.70 32 4,716.59 444.81 145,442.89 19,721.91 179,981.11 33 4,727.95 433.45 150,170.84 20,155.36 175,253.16 34 4,739.33 422.07 154,910.17 20,577.43 170,513.83 35 4,750.75 410.65 159,660.92 20,988.08 165,763.08 36 4,762.19 399.21 164,423.11 21,387.29 161,000.89 37 4,773.66 387.74 169,196.77 21,775.03 156,227.23 38 4,785.15 376.25 173,981.92 22,151.28 151,442.08 39 4,796.68 364.72 178,778.60 22,516.00 146,645.40 40 4,808.23 353.17 183,586.83 22,869.17 141,837.17 41 4,819.81 341.59 188,406.64 23,210.76 137,017.36 42 4,831.42 329.98 193,238.06 23,540.74 132,185.94 43 4,843.05 318.35 198,081.11 23,859.09 127,342.89 44 4,854.72 306.68 202,935.83 24,165.77 122,488.17 45 4,866.41 294.99 207,802.24 24,460.76 117,621.76 46 4,878.13 283.27 212,680.37 24,744.03 112,743.63 47 4,889.88 271.52 217,570.25 25,015.55 107,853.75 48 4,901.65 259.75 222,471.90 25,275.30 102,952.10 49 *102,952.10 247.94 325,424.00 25,523.24 0.00 *The final payment has been adjusted to account for payments having been rounded to the nearest cent. Page 2 of 2 50 of 95 http: //bretwhissel.neVcgi- bin /amortize 8/30/2013 �OF HOME OF PELICAN ISLAND Subject: Resolution R -13 -26 Approving Agenda No. — / Final Plat for Collier Club Phase IIIB Department Origin: Com ty D elopment Comm Dev Director: City Attorney: Appfrove 'r Submittal by: City Manager City Clerk: Date Submitted: September 5, 2013 Al' " ><n r For Agenda of. September 11, 2013 Exhibits: Resolution R- 13 -26; Collier Club Phase IIIB Final Plat; Application; Neel- Schaffer certification letter; Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY In 1997 City Council approved the conceptual plan for Collier Club, a residential planned unit development located southwest of the Sebastian Municipal Golf Course. Designed as a phased development, the platting process has been finalized for Phase IA, IB, IIA, IIB and IIIA. Application has now been made to plat the final phase of the development, Collier Club Phase IIIB. Collier Club Phase IIIB is designed to plat the remaining portion of the subdivision. At this time, 24 residential lots will be platted, along with the requisite streets, utilities and stormwater. Tracts identified as "future development" will be replatted at a later date. Frank Watanabe, P.E., Neel- Schaffer, engineer for the project, has certified that Collier Club Phase IIIB has been built in substantial conformance with their design documents. Staff has verified that the final plat for Collier Club Phase IIIB is in accordance with the preliminary plat. The final plat has been reviewed by Steve Cartechine, Indian River Survey, Inc., as (consulting) City Surveyor, Aaron Bowles, MBV Engineering, Inc., as (consulting) City Engineer, Indian River County Utility staff and Clerk of the Court staff. All have found the plat to be acceptable. (Note: To meet time restraints of the developer, the (consulting) City Engineer and (consulting) City Surveyor did not have time to sign the mylar. Representatives from MBV Engineering, Inc. will have the final mylar signed by September 116'.) RECOMMENDED ACTION Move to approve Resolution R- 13 -26, approving the final plat for Collier Club Phase IIIB. 51 of 95 RESOLUTION NO. R -13 -26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB, PHASE IIIB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Stephen R. Melchiori, on behalf of Collier Club, LLC, has filed an application for approval of a final plat for a subdivision known as Collier Club, Phase IIIB; and WHEREAS, the final plat complies 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. FINAL PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the final plat for Collier Club, Phase IIIB prepared by David M. Jones, bearing the latest revision date of August 25, 2013. 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 Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 11`h day of September, 2013. 52 of 95 ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 2 CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor 53 of 95 City yr Sebastian Development Order Application Permit Application No. Applicant if not owner, written authorization notarized from owner is required) Name: COLLIER CLUB, LLC Address: 621 17TH STREET, VERO BEACH, FL 32960 Phone Number: ( ) - FAX Number: ( ) - 772 567 5552 772 567 5772 E -Mail: BGSPA @BELLSOUTH.NET Owner If different from applicant) Name: Address: Phone Number: ( ) - FAX Number: E -Mail: Title of permit or action requested: FINAL PLAT APPROVAL COLLIER CLUB PHASE 1116 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" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): COLLIER CLUB PHASE FIIB B. Site Information Address: Lot: Block: Unit: Subdivision: Indian River County Parcel #: 30- 38 -22- 00001 - 0020 - 00000.0 Zoning Classification: RS -10 Future Land Use: L -D Existing Use: PUD -R Proposed Use: PUD -R C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): FINAL PLAT FOR 24 LOTS AND THE BALANCE OF THE VACANT LAND DATE RECEIVE FEE PAID: $ AM D RECEIVED BY: 54 of 95 Permit Application No. D. Project Personnel: Agent: Name: ONSITE MANAGEMENT GR. Address 1999 POINTE WEST DR., VERO BEACH, FL 32966 Phone Number: ( 772 ) 794 - 4577 FAX Number: ( 772) 794 - 9916 E -Mail: STEVE @ONSITEMGMT.COM A torne : Name: BARRY G. SEGAL Address 621 17TH STREET, VERO BEACH, FL 32960 Phone Number: ( 772) 567 - 5552 FAX Number: ( 772) 567- 5772 E -Mail: BGSPA @BELLSOUTH.NET Engineer: Name: NEEL - SCHAFFER Address 2925 B, 20TH STREET, VERO BEACH, FL 32960 Phone Number: ( 772) 770 4707 FAX Number: ( 772) 770-4640 E -Mail: FWATANABE @NEEL- SCHAFFER.COM Surveyor: Name: DAVID M. JONES Address 2266 CORTEZ AVENUE, VERO BEACH, FL 32960 Phone Number: ( ) -9875 FAX Number: 772 .567 E -Mail: DAVIDMJONEPSM @MSN.COM I, c251 -!;Al _ r1 C9_C W l QfU , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AAA THE OWNER f I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICA THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACLU N T T E.BEST OF MY KNOWLEDGE AND BELIEF. 5 h / 1 SIG URE DATE SWORN TO AND .SUBSCRIBED BEFORE ME BY S+e V e- WHO IS PERSONALLY KNOWN TAE OR PRODUCED AS IDENTIFICATION, THIS 31 t" DAY OF rY\ AA_ , 20 13 _ NOTARY'S SIGNATURE \ rA PRINTED NAME OF NOTARY notd COMMISSION NO. /EXPIRATION Mqn„ SEAL: DEBRA A. SNOW # * MY COMMISSION # EE 882394 EXPIRES: May 22, 2017 ��or Bon<NA IAN IudRI NoNry 8mbee 55 of 95 Permit Application No. The following is required for all comprehensive plain amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE C_ irl CULcoiC.tt_ BOARD /COMMISSION OF THE CITY OF SEBASTIAN 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 I/WE MAY HAVE, DUE TO THE QUASI - JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR 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. SIGNATURE Sworn to and subscribed before me by who is personally known to me or produced as identification, this day of , 20 Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: DATE APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE REVIE T ITY'S CONSULTING ENGINEER WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACK OLL-bGM DATE N BY THE CITY'S CONSULTING SURVEYOR WILL BE THE 3/ /S DATE 56 of 95 NEED- 5CHAFFER X,&luElo►is you cao build upon September 5, 2013 Dorri Bosworth City Planner City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: City of Sebastian — Collier Club Phase IIIB Dear Dorri: engineers planners surveyors environmental scientists landscape architects This is to certify that the street improvements for the above reference project Collier Club Phase III B has been completed in substantial accordance with the City of Sebastian approved design plans. As -built drawings by David Jones Surveying will be provided to you under a separate submittal. This letter will service as the certificate of completion by the Engineer of. Record (EOR) Neel- Schaffer that the improvements for the project was constructed in accordance with the approved engineering design plans. Sincerely, NEEL- SCHAFFER, INC. Frank Watanabe, P.E. Vero Beach Office Manager/ Senior Project Manager i ]'rank Watanabe PE 66735 2925 20`" Street, Suite B • Vero Beach, F1. 32960 . 7'72-'770 -4707 fax: 772 - 7704640 57 of 95 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print i Back Indian River County GIS IWIP1 1 No selection made. 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N v V r60'sbI N N� p � r 3_6 .91 ,LQ s w ba m_ Ib1OY8 w 'o �F> �rr No N a m m 9£-1 ,I m> 0) f e -vada p n z n - D W N �n n O pdN .`4q• zD cn N £ s W 3- no -I D C7 Cl) W > d O D z 3D �y ,�, ms "'�!� P`o C69��SS� m n��� Ul z Fl N �D , n W W �y 1 i aff or HOME Of PEUCM M AKD City of Sebastian Subject: Fill One Vacant Alternate Agenda No: ?A- 0'1(o Member Position on the Natural Resources Board Department Origin: City Clerk's Office A ro for Submittal by: Date Submitted: 9/4/13 For Agenda of: 9/11/13 A i r, City Manager City Attorney: Exhibits: Application, Ad, List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Mr. Millar has responded to the advertised alternate member vacancies on the Natural Resources Board. No other applications have been received. RECOMMENDED ACTION Interview, unless waived, and submit nomination for the vacant alternate member position with an expiration term of July 1, 2015. 63 of 95 NA M 'Is cnrOr HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: e C. I/w, "//C/-J/ll HOME ADDRESS: HOME PHONE: E -MAIL: BUSINESS ADDRESS: BUSINESS PHONE:��P2 E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 209 9) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) COMMUNITY REDEVELOPMENT FACADE, SIGN & LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board -meets once a month)* HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board —meets quarterly) NATURAL RESOURCES BOARD (permanent board —meets once a month) PLANNING AND ZONING COMMISSION (permanent board —meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutoryboard- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board —meets once a month) OTHER COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment 64 of 95 APPLICABLE EDUCATION AND/013 EXPERIENCE: a br_i9f ressUme is re ired HO WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE A PLY)NG FO iA-P �C/�� �EL°� / !.� ®1/CfA/ �B/-�' °`v! -Vk0� % rte/ o va °/G LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU 9ONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Co 4e of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or cornmitt pe i ailable if requeste piican nature Sulopgribed and sworn 7to� ^ before me this (—day of �✓ by I) - .WIGC� _.. . who is p sonally known to rrip =,or has produced as identificat SALLY A. MAIO _,. Commission # EE 20 Expires October 5, 14 Bonded Thru rM Fain Insumnm $00385 7019 Public, cAate of Florida�:4 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 \wp- form \applicat.wpd rev. 7/2007 65 of 95 August 22, 2013 Contact: Jeanette Williams 388 -8215 PRESS RELEASE NATURAL RESOURCES BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL TWO UNEXPIRED ALTERNATE MEMBER POSITIONS ON THE BOARD WITH TERMS TO EXPIRE 7/2014 AND 7/2015. BOARD MEMBERS MUST BE CITY RESIDENTS. THESE ARE VOLUNTEER POSITIONS. THIS COMMITTEE MEETS ON THE FIRST TUESDAY OF EACH MONTH AT 6:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL FILLED. E'L' " 66 of 95 NATURAL RESOURCES BOARD Albert Alvarez Reapptd 6/22/2011 Term 492 Quarry Lane expires Sebastian, FL 32958 Apptd 7/29/09 7/1/2014 alalvarez(a),aol.com Took Albury's position 532 -8767 Robin Graves —Chair Reapptd 6/27/12 Term 525 Michael Street expires Sebastian, FL 32958 Reapptd 7/8/09 7/1/2015 Mugwort2u(a)yahoo.com Apptd PP td 9/24/08 Took Cummin 's position Gilbert Gordian Jr. Apptd 11/16/11 Howe's Term 498 Quarry Lane position expires Sebastian, FL 32958 7/1/2016 chooboo1727(a)_att.net Apptd Alt 6/22/2011 581 -2760 Took Schuster's position Ann Lucier Apptd 6/22/2011 Term 425 Toledo Street Took Koerner's position expires Sebastian, FL 32958 7/1/2016 customveils(a)comcast. net 228 -8258 Hank Kriss Apptd 6/22/11 Term 1557 Damask Lane Took Gruden's position expires Sebastian, FL 32958 7/1/2014 hanknfl _gmail.com 589 -2413 Alan Northcott — Vice Chair Apptd 5/9/12 Term 924 S. Easy Street Took Bender's position expires Sebastian, FL 32958 7/1/2014 alannorthcott(a-)_msn.com Apptd Alt 11/16/11 Took 581 -2607 Gordian's position Jerry Deredita Apptd 7/10/13 Term 731 Glencove Street Took Spokas' position expires Sebastian, FL 32958 7/1/2016 jercder .gmail.com Apptd 10/10/12 559 -9123 Took Schnee's Alt position 67 of 95 Vacant Eberle's position Term expires Alternate 7/1/2015 Vacant Deredita's position Term expires Alternate 7/1/2014 Board Liaison — Dorri Bosworth 68 of 95 AGENDA TRANSMITTAL Subject: Agenda No. 16A - 13, 0 IRC Cell Tower Location Department Origin: City Manager "Russell Tower' City Attorney: City Clerk: A pro for Submittal by: • Date Submitted: 5 SEP 13 For Agenda Of: 11 SEP 13 City Manager Exh' its: P/Z Staff Report EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 $0 $0 SUMMARY At your last Regular Meeting, I informed Council about the potential of a cell tower being located just outside the southwestern edge of City limits. Council ordered that (1) staff research the matter; and, (2) the Planning and Zoning Commission review the issue. Time permitting Council also requested that the matter be formally reviewed at the September 11, 2013 meeting. Staff has moved forward on these directives and has until Friday, September 13th to submit an official City position on the matter which will be included in the IRC Planning and Zoning Commission packets for their meeting on September 26. Included for your review is the Sebastian P/Z Commission staff report. Due to Council Packet Preparation deadlines, the P/Z recommendation will be provided at your meeting on Wednesday. RECOMMENDATION Staff recommended denial of the tower location. 69 of 95 COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 www.cityofsebastion.org DATE: August 30, 2013 TO: Members of the Planning and Zoning Commission RE: Proposed 149' Monopole Communication Tower 892086 th Avenue — Adjacent to City Limits Tax Parcel ID No. 31- 38 -26- 00000 - 1000 - 00002.0 Indian River County Project #2012070049 SP- MI- 13 -03 -05 The City has been notified by Indian River County of a proposed stealth communication tower project, to be located on unincorporated county property, adjacent to city limits in the southwest sector. The 37 -acre parcel, known as the Russell property, is accessed by a road on CR 510 opposite from Treasure Coast Elementary School. The parcel is adjacent and southeast of Sebastian River Landing Subdivision Phase II, adjacent and southwest of Sebastian Highlands Unit 13, and directly south of Tract D, S/H Unit 13. In 2005 a portion of the tract was purchased by Marine Resources Council of East Florida, Inc. (MRC) for future development of an environmental educational center. Exhibit A indicates on an aerial the proposed location of the tower. Currently, the city properties noted above are all zoned residential, with land use designations allowing a maximum of 5 units per acre. The Russell property is zoned for agriculture, with a rural land use allowing 1 unit per acre. The tower is required to receive a special exception approval from the County's Planning and Zoning Commission because of the nature of the area. After reviewing the information given to us by the County, staff has concerns regarding how the proposed tower will affect existing residents in the area and future development of the MRC parcel. 70 of 95 Russell Communication Tower Page 2 of 3 In 2002, the City adopted LDC Article 23, Telecommunications Facilities Standards, which in Section 1 states that its purpose is to provide "for the appropriate location and development of telecommunications facilities in the City of Sebastian, including prohibition of new telecommunication facilities in areas zoned for residential use, " to minimize "adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging and promoting use of alternative telecommunication tower structures as a primary option rather than construction of additional single -use towers ", and avoid "potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of telecommunications tower structures and antennas." In reviewing the site maps provided (Exhibit B, C, & D), staff considered the proposed setback of the tower with regards to development of the adjacent MRC parcel, and compared the setback requirement of the city's code. The setback required by the city would be the existing setback of the zoning district or a setback equal to the height of the tower, whichever is greater. In this case, the tower would be required to be located 149 feet from a property line, with the intention that if the tower were to fall, or fail by a structural event, it would not end up on the adjacent property, minimizing off -site damage. The proposed setback of the tower structure on the Russell property, not including the ground equipment area, is 61 feet, which is the requirement of the county code, calculated at this distance because the tower structure is using "breakpoint" design technology. In the County's TRC's comments dated 12/28/12 (Technical Review Committee), County staff wrote "Since the property is near the municipal boundary of the City of Sebastian, and could be annexed in the future, please coordinate with the City of Sebastian regarding the City's tower regulations and whether the tower could be conforming if annexed." The applicant has not contacted city staff, and if annexed, based on the setback requirement of the city and the residential zoning in the area, the tower would be non - conforming if located within city limits. The City also noted that County staff, in its various TRC comment documents, has concerns as to how the 149' flag pole tower is designed to blend into its surroundings and be aesthetically compatible with existing and proposed uses of the site. Currently, the site is an orange grove, with possible future plans for a greenway or a passive recreation area. The City was given two photo simulations, created by the applicant, imposing the flag tower at its proposed location as seen from the Treasure Coast Elementary School and from the Sebastian River High School. Staff s position is that the photo depicts a structure that appears "out of place" and aesthetically displeasing. 71 of 95 Russell Communication Tower Page 3 of 3 In conclusion, staff agrees with some of the County's concerns as outlined in the above two paragraphs. Additionally, the City feels development of the NIRC property, whether as an educational center or with single - family homes, may be hindered because of the siting of the tower and the proposed setback. We feel that the tower should be placed within an industrial or commercial area, closer to I -95, or at least as an alternative - design mounted structure on one of the area's existing commercial buildings. The proximity to the residentially -zoned areas, along with the out -of -place design of the stealth structure, setback and future development concerns, would have had staff recommend denial of this project if the location was within the City's jurisdiction. As such, we would request the Sebastian Planning and Zoning Commission accept our position, and make a motion to forward our comments to the Indian River County Community Development Department staff, and the IRC Planning and Zonin Commission for consideration at its review of the application at their September 26 meeting. D. Bosworth, Planner Community Development Department 72 of 95 Indian River County, Florida Property Appraiser - Printer Friendly Map , Print I Back Indian Diver County GIS Page 1 of 1 ParceUD OwnerName PropertyAddress 31382600000100000002.0 RUSSELL JOHN M (LE) 8920 86TH AV VERO BEACH, FL 32967 Notes Ag: Project Location 73 of 95 rm x W http : / /www.ircpa.org/PrintMap.aspx 8/29/2013 �ED �ILa \ t ot Sim /,vli a i LL ul; a1 w� 2! , ? M I� S.W. CORNER OF N.E. 1/4 OF N.E. 1/4 OF SECTION 2831-38 FND 1/27 IR (CARTER) c I S89 °5317 -E, 512.20' I I jt$ PARCEL #31882600001000400005.0 Ig I MARINE RESOURCES COUNCIL OF EAST FLORIDA INC t 1 9120 86TH AVE, VERO BEACH, FL 32867 t ! 9�i ! Nt ! S89 °53'17'E, 633331' t8! ---r ------ -- - - -- t � I PARCEL #31382600001000400005.0 4;4 1N ! MARINE RESOURCES COUNCIL OF EAST FLORIDA INC C 9120 89M AVE, VERO BEACH, FL 32967 ~ POINT OF BEGINNING (PRESERVATION) S.W. CORNER OF'SEBASTIAN HIGHLANDS, UNIT 13' FND 1/2' 10 (CARTER) S89653'18 -E, 734.97' - -' - - -r. (` N89 °53'17"W, 598.20' P$ R,'Q��O�S�Ryp�'2�SQ'ypA{�t���S' 9 I ! y y yl &.UTILip ' *SEl V'.�. .Y y u Y 0 Y Y ly y y 330-0' y 41 y y 4• ./.� 30.01 t�F " y y PROPOSED lw t y y 4 LANDSCAPE BUFFER SEE DETAI N63-3818-E, i t��jj y y y W y y . /��,5f1, a � roryyljo !y ��0� W y y y y '""*-N37 °124O'E, 48.63' L3 RAO- 99.77' DEL- 90 °02'1 ^ 3• ARC-158.78' / �\ N r 41� \ o ~� a 2g s Rf - ^�- '�` - - - -- �SS9 °53'18 y��N50 °00 51'E 119.08' y y l�lq 41.35' W y 11 7 55&48 M3'E 50'x50' SCI TOWERS, LLC LEASE AREA 6139' PRESERVATION TRACT (CROSS- HATCHED) 3ASACRES !y w Q I i ! NOTE -THIS LINE (AS LOCATED & DESCRIBED) - THE APPROX. j _ 1 I y WESTERLY EDGE OF THE MAINTAINED GROVE. 3o I y r PARCEL #31362600000100000002.0 t Iy j "-N19- S5'36 -E' 108.08' JOHN M. RUSSELL I t } I y 8920 86TH AVE, VERO BEACH, FL 32867 I J ! t (LANDS OF O.R. 2047, PAGE 8381 —11 -A I i I S89 °54'23E, 63.48' 1 I ) �OFDPIN/ICELR�3 382Tf00000100000DO2.0 1{ f (BEING WEST 1/4 CORNER OF SECTION 28) i ! t 74 of 95 FTrhihit R —RE9 loi.nrTull *TM' �rnw=m i1IF -W OF, ' UECf TO AIL iJLSEMEMS, AL�'TRICTIC9IS, LJpARATKN� AND I OR RIGHTS OF WAY OF � m n f ca I2 p� a W a O � O d ~_ u V M h v w CL N DRAWN sY. RMP MCD BY- DATE. 418/13 DWG is DA 3-60 NOTES. FILES .Jos f= 93-60 SHEETS OFJ5 Of 95 i t X W f � I PARCEL 131382600001000400005.0 MARINE RESOURCES COUNOL OF EAST FLORIDA INC g 8120 86TH AVE, VERO BEACH, FL 37967 TRACT °D° OP I 'SEBASTIAN HIGHLANDS, UNIT 13° POINT OF BE�INNwo /FRMSEWATiONI PLAT BOOK 7, PAGE 82 POINT OF CO�AI ENCEMT:NT 1LEASEI N.W. CORNER 0F`S.W.114 OF N.E 1/4 OF SECTION 26 & SOUTH U NE OF - SEBASTIAN HIGHLANDS, UMT 13' CORNER OF 11 �SESASTLAN HIGHLANLTS UNIT 13' & NORTH LINE S W.1/4 OF N.E. 114 OF SfirtON IR iCASgIFR) 26 —�'- -- _ 589 °S3'18'E, 734.97I f tF-N-D TOP BEGINNING EASEMENT "' SET S/8" tR RLDO. _ -- SET a IR S88°63%8'E, b06.07' (PACKARD) - ----- - - - - - -- (PACKARD) j PROPOSED 26' ACCT POINT OF BEIGN IIINO ° 50'X50' SCI TOWERS, LLC ' LEASE A[i@A F— - -- & UTILITY EASEMENT - - -- LEASE PARCEL - - -- Lf188 °63`78°iIT, ��, � i °06'4rt'W 308A0' SET 5/8' Rt I ° N f ( $ 600 f BMW 1)° ) (PACKARD) ' W* o RT ROAD f PROPOSED TOWER 331.00' f N- 27'46'34.51 f 30.0, 1 I SET 5 /8' iR — — — J -80'30'eS8.86 (PA(7") SET 5/8' 1R PROPOSED 'IO' ° T;tes ssls',) Sam r. I ul LANDSCAPE BUFFER S 2 I I o e I a PARCEL 01382600000400000002.0 . O S I p JOHN M. RUSSELL I I a I z p 897x7Will AVE, VERO BEACH, FL 32887 I 11 m ee j j 6ANDS OF O.R. 2047, PAGE 83M ° LEASE, ACCESS / UTILITY EASEMENT & TOWER DETAIL I2 p� a W a O � O d ~_ u V M h v w CL N DRAWN sY. RMP MCD BY- DATE. 418/13 DWG is DA 3-60 NOTES. FILES .Jos f= 93-60 SHEETS OFJ5 Of 95 i t X W N 0 U 00 �L� 0 z - 00 p U O 0. � m0j o WXWOo a >WNC3 Q:>Mz Z QO")0 F O 'Xz m U .J m V \ 0. a ui 'j om 0 =o w0U) Um0 < Z O 0 0. a - a o < <}< .0 F- C9 WZ '0az M>goN a ato0 zw m -1 a NUN 0� W Q of 4. U Q O EXISTING Z�� , OOwl W I MARINE RESOURCES COUNCIL OF EAST FLORIDA INC w o I 9120 86TH AVENUE, VERO BEACH, FL 7 zl PARCEL NO. 31382600001000400004.0 vwi Q I 3.95 ACRES (PER PROPERTY APPRAISER WEB SITE) \ Q I ZONING: RE -40 w � I — ..— ...— ..— .._.. —.. —. I \ ::��3C -) �, IN ADDIT' to rte DESIGN, _ 20 0 - \ TOWER N e �AOO� CE aAO ��� ST' C 0 0 N , N 0��'�9tl,yy OSE SOUTH 30' n 90 O WEST �0 327' OQ� \ i MARINE RESOURCES COUNCIL OF EAST FLORIDA INC m0 I 9120 B6TH AVENUE, VERO BEACH, FL \ PARCEL NO. 31362600001000400005.0 U I 193 ACRES (PER PROPERTY APPRAISER WEB SITE) ZONING: RE -40 -� CITY OF SEBASTIAN CITY LIMITS \ 1329' +/- i ' NORTH PROPERTY LINE -------------- z�-i == rt ------------------------------- ------------ _ - - 327' —1 - -� IT I 1 994' I I WAYNE AND MP 30' SETBACK FROM NORTH PROPERTY LINE OR 510, SE PARCEL NO. 3138; TOWER FA ZONE ONE (MAX 57' 18.4 ACRES (PER PRONE ZONII FROM BASE OF TOWER) Al w Z PROPOSED 50' X 50' SCI TOWERS LLC I EASE AREA WITH 10' LANDSCAPE BUFFER OUTSIDE LEASE AREA. PROPOSED m LOCATION OF 149' STEALTH MONOPOLE COMMUNICATIONS TOWER (SEE ENLARGED LEASE AREA EXHIBIT) 0. a PROPOSED 25' INGRESS /EGRESS AND UTILITY EASEMENT (SEE SURVEY FOR LEGAL DESCRIPTION) 0 O U , Q F V) JOHN M. RUSSELL 0 8920 861H AVENUE, VERO BEACH, FL PARCEL NO. 31382600000100000002.0 37.01 ACRES (PER SURVEY) ZONING: A -1 1� N 60' EASEMENT FOR INGRESS AND EGRESS a EXISTING CBS BUILDINGS 0 TOWER TO PROPERTY LINE SE' POWER LINES SETBACK FROM SOUTH PRC SOUTH PROPERTY LINE I I I 1 i 76 of 95 Exhibit D REQUIRED PROPOSED DIRECTION SETBACK SETBACK R. NORTH 30' 57 EAST 30' 994' SOUTH 30' 1257' WEST 30' 327' POWER LINES SETBACK FROM SOUTH PRC SOUTH PROPERTY LINE I I I 1 i 76 of 95 Exhibit D P 3 77 of 95 W t X W rt ✓ y ley l�Yfi low, .s Subject: (Fertilizer Ordinance) Agenda No. 12-A- 13.1 ZS Proposed Ordinance 0 -13 -10 Amending the City's Ordinance 0 -12 -06 Department Orig' : City Ma4ager City Attorney: Ap ov for Submittal by: City Manager City Clerk: Date Submitted: 09/05/13 Agenda of: 09/11/13 Al i e Exhibits: - Proposed Ordinance 0 -13-10 Amending the City's Ordinance 0 -12 -06 - Indian River County Ordinance 2013 -012 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The proposed Ordinance 0 -13 -10 was prepared as a result of the discussion at the last Council Meeting and at the request of Councilmember Coy. This Ordinance amends Sebastian's original fertilizer ordinance by prohibiting the application of certain fertilizers between June I" and September 30`h and by incorporating the more specific regulation of fertilizer content and application rates, including a requirement for 50% slow release nitrogen. RECOMMENDED ACTION At Council's discretion consider passage on first reading of Ordinance 0 -13 -10 and set.public hearing for October 9, 2013. 79 of 95 ORDINANCE NO. 0-13-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 50 "HEALTH AND SANITATION" BY PROVIDING AN AMENDMENT TO SECTION 50 -5 "FLORIDA- FRIENDLY FERTILIZER USE" BY AMENDING THE "PROHIBITED APPLICATION PERIOD" TO PROHIBIT THE APPLICATION OF CERTAIN FERTILIZER BETWEEN JUNE 1 AND SEPTEMBER 30 AND BY AMENDING SECTION 50 -5 (h) REGULATING FERTILIZER CONTENT AND APPLICATION RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian finds that misuse of fertilizers has a secondary and cumulative environmental effect on the Indian River Lagoon, and other surface water bodies in the City of Sebastian; and WHEREAS, the regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is an important step in improving and maintaining water and habitat quality; and WHEREAS, this ordinance provides for the enactment of such regulations governing the use of fertilizers on lands within the City of Sebastian that contribute to adverse impacts on the Indian River Lagoon and other surface water bodies; and WHEREAS, in addition, the City of Sebastian is located within the watershed of the Indian River Lagoon which water body is listed as impaired by nutrients pursuant to Section 403.067, Florida Statutes; and WHEREAS, Section 403.9337(2), Florida Statutes, requires that each county and municipality located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to Section 403.067, Florida Statutes, shall, at a minimum, adopt the Florida Department of Environmental Protection's "Model Ordinance for Florida - Friendly Fertilizer Use on Urban Landscapes "; and WHEREAS, as a result of the impairment of the Indian River Lagoon caused by excessive nutrients and the mandates of Section 403.067, Florida Statutes, the City Council of the City of Sebastian desires to adopt more stringent provisions to the Florida Department of Environmental Protection's August 2010 model ordinance for "Florida- Friendly Fertilizer Use on Urban Landscapes ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: 80 of 95 SECTION 1. AMENDING SECTION 50 -5 FLORIDA - FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES. Section 50 -5 of the Code of Ordinances entitled is hereby amended to read as follows: "Section 50 -5. Florida - Friendly Fertilizer Use on Urban Landscapes. (a) Findings. As a result of impairment to the City of Sebastian's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and /or ground water within the aquifers or springs within the boundaries of the City of Sebastian, the City Council has determined that the use of fertilizers on lands within the City of Sebastian creates a contributing risk that adversely effects surface and /or ground water. , the Gity GGUI;Gi' of the City of Sebastian finds that management. Preten +inn of Water resO ernes by the Green Industries, 20080 mw be rem iFerl (b) Purpose and Intent. This Section regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibition Application Period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Sebastian's natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well -being of the City of Sebastian's residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. (c) Definitions. For this Chapter, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the City Manager, or any other City official designated by the City Manager. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. "Applicator" means any Person who applies fertilizer on turf and /or landscape plants in the City of Sebastian. "Board" or "Governing Board" means City Council of the City of Sebastian. "Best Management Practices" means turf and landscape practices or combinations of practices based on research, field- testing, and expert review, determined to be the most effective and practicable on- 81 0? 95 location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. MRSO -NM MRVa "Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize ", "Fertilizing ", or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Institutional Applicator" means any person, other than a private, non - commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and /or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and /or common ownership. "Landscape Plant" means any native or exotic tree, shrub or groundcover (excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, an /or any group of people acting as an organized entity. "Prohibited Application Period" means June 1 through September 30 or the time period during which a Flood Watch or Warning, or a Tropical Storm Water or Warning, or a Hurricane Watch or Warning is in effect for any portion of the City of Sebastian, issued by the National Weather Service, or if rainfall equal to or greater than 2 inches in a 24 -hour period is likely. "Sebastian Approved Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in the this Chapter that includes the most current version of the Florida Department of Environmental Protection's "Florida- friendly Best Management Practices for Protection of water Resources by the Green Industries, 2008" as revised and approved by the administrator. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purpose of this section, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release ", "Controlled Release ", "Timed Release ", Slowly Available" or "Water Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf", "Sod ", or "Lawn" means a piece of grass- covered soil held together by the roots of the grass. 3 82 of 95 "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway right -of -way, or other nonagricultural lands that are planted with tun` or horticultural plants. For the purposes of this section, agriculture has the same meaning as in section 570.02 F.S." (d) Applicability. This Section shall be applicable to and shall regulate all applicators of fertilizer and areas of application of fertilizer within the City of Sebastian unless such applicator is specifically exempted by the terms of this Section from the regulatory provision of this Section. This Section shall be prospective only, and shall not impair any existing contracts. (e) Timing of Fertilizer Application. No applicator shall apply fertilizers containing nitrogen and /or phosphorus to tun` and /or landscape plants during the Prohibited Application Period, or to saturated soils. (f) Fertilizer Free Zones. Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62 -340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of three (3) feet shall be maintained. If more stringent City of Sebastian Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted tun` and /or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning thirty (30) days after planting if need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. (g) Low Maintenance Zones. A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale /berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent City of Sebastian Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. (h) Fertilizer Content and Application Rates. G ode labeled Req Firemen +e fer 1 Fban Turf Fer+ilizerS , n errl nn ri +h +he - --rmw + r I7-lh tieR Preyen+1/an AaR fer that site 830195 , 1. No fertilizer containing phosphorous shall be applied to turf or landscape plants in the City of Sebastian unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences, approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5E- 1.003(2), Florida Administrative Code. Deficiency verification shall be no more than two years old. However, recent application of compost, manure, or top soil shall warrant more recent testing to verify current deficiencies. 2. The nitrogen content of fertilizer applied to turf or landscape plants within the City of Sebastian shall contain at least 50% slow release nitrogen per guaranteed analysis label. 3. Fertilizers applied to an urban lawn or turf within the City of Sebastian shall be applied in accordance with requirements and directions set forth on the label or tag for packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products, as provided by Rule 5E- 1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. All packaged and bulk fertilizer products sold in the City of Sebastian shall be sold in packages with labels or tags, or, if sold in bulk, be accompanied by printed information, which complies with the requirements of Rule 5E- 1.003(2), Florida Administrative Code. 4. Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro - seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (i) Application Practices. 1. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies, include wetlands. 2. Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces. 3. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. 4. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. 5. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. 0) Management of Grass Clipping and Vegetative Matter. In no case shall grass clippings, vegetative material, and /or vegetative debris be washed swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or 5 84 of 95 roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. (k) Exemptions. The provisions set forth in the Chapter shall not apply to: 1. Bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14, F.S.; 2. Other Properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; 3. Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. Training. 1. All commercial and institutional applicators or fertilizer within the City of Sebastian, shall abide by and successfully complete the six -hour training program in the "Florida- friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida- Friendly Landscapes" program, or an approved equivalent. 2. Private, non - commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. (m) Licensing of Commercial Applicators. 1. Prior to January 1, 2012, all commercial applicators of fertilizer with the City of Sebastian, shall abide by and successfully complete training and continuing education requirements in the "Florida - friendly Best Management Practices for Protection of Water Resources by the Green Industries ", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida- friendly Landscapes" program, or an approved equivalent program, prior to obtaining a City of Sebastian Local Business Tax Receipt for any category of occupation which may apply any fertilizer to turf and /or landscape plants. 2. After December 31, 2013, all commercial applicators of fertilizer within the City of Sebastian, shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E- 14.117(18) F.A.C. 3. All businesses applying fertilizer to turf and /or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi - family and condominium properties) must ensure that at lease one employee has a "Florida- friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Receipt. Owners for any category of occupation which may apply and fertilizer to turf and /or landscape plants shall provide proof of completion of the program to the City of Sebastian. (n) Enforcement. 85 0q 95 The provisions of this Section may be enforced pursuant to any method provided for by the Code or Ordinances or general law. SECTION 2. CONFLICT. All ordinance or parts of ordinance 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 of the City of Sebastian 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 by the City Council. 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 Bob McPartlan Vice -Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea B. Coy Councilmember Jim Hill The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2013. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor Approved as to form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg City Attorney 7 86 of 95 ORDINANCE NO. 2013 - ni*9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 3169, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA- FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science- based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator, requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well -being of Indian River County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quaHty, A -MJff" A M&a Page 1 of 9 87 of 95 ORDINANCE NO. 2013 - 012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findinns. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River County (the "Code"). Chapter 316 of the Code is hereby adopted, as follows (new language is indicated by underline Section 316.1. Title. This chapter shall be known as the "Indian River County Fertilizer and Landscape Management Ordinance." Section 316.2. Definitions. For the purposes of this chapter, the following terms shall have the following meanings "Admirristrator" shall mean the County Administrator, or an administrative official of the County desi nested by the Cou U Administrator to administer and enforce the provisions of this chapter. "Application" or "apply" shall mean the actual physical deposit of fertilizer to turf or landscape Ip ants. " Applicator" shall mean any Person who applies fertilizer on turf and/or landscape plants in Indian River County. "Board" shall mean the Indian River County Board of County Commissioners. "Best Management Practices" shall mean turf and landscape practices or combination of practices based on research. field - testing. and expert review. determined to be the most effective F..„�°� Page 2 of9 88 of 95 ORDINANCE NO. 2013 - 012 and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Chapter 85 -427" shall mean The Indian River County Environmental Control Act. Chapter 85- 427, Special Acts. Laws of Florida. "Code Enforcement OIcer shall mean any designated employee or agent of Indian River County whose duty it is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator," except as provided in §482.1562(9), Florida Statutes, shall mean any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Code" shall mean The Code of Indian River County. "Environmental Control Officer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85427, and Chapter 303 (Part 1) of this Code, and his or her designees. "Fertilize," "fertilizing," or "fertilization" shall mean the act of applying fertilizer to turf specialized turf. or landscape plants. "Fertilizer-" shall mean M substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity or provides other soil enrichments or provides other corrective measures to the soil. "Heavy rain" shall mean rainfall greater than 2 inches in a 24 hour period. "Institutional Fertilizer Applicator" shall mean any person, other than a private, non - commercial applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Fertilizer Applicators shall include, but shall not be limited to, ownem mana s¢ e rs or employees of public lands. schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape plant" shall mean any native or exotic tree, shrub, or groundcover (excluding A "Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering. mowing etc. ".Person" shall mean any natural person. business, corporat ion. limited liability company partnership, limited partnership, association, club, organization, and/or M Mu p of people acting as an organized entity. °°M Page 3 of9 89 of 95 ORDINANCE NO. 2013 - 012 "Restricted Season" shall mean June 1 through September 30. "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release Nitrogen" shall mean nitrogen in a form which delays its availability for plant pRtake and use after application, or which extends its availability to the plant longer than reference rapid or quick release product. "Turd" "sock" or "lawn" shall mean a piece of grass- covered soil held together by the roots of the grass. "Urban landscape" shall mean pervious areas on residential. commercial industrial. institutional. y rights -of- -way or other nonagricultural lands that are planted with turf or horticultural plants For the purposes of this section, agriculture has the same meaning as in 4570.02. Flori da Statutes. Section 316.3. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogqn and/or phosphorus to turf and/or landscape plants during the Restricted Season. to saturated soils or during a period in which a Flood Watch or Warning or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for gW portion of Indian River County, issued by the National Weather Service, or if heavy rain is likely. Section 316.4. Fertilizer -free zones. Fertilizer shall not be applied within ten feet of W pond, stream watercourse. lake. canal. or wetland as defined by the Florida Department of Environmental Protection LChVkr 62 -340 Florida Administrative Code) or from the top of a seawall. If more strinient Indian River County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regWations Newly planted turf and/or landscape plants may be fertilized in this zone only fora 60-day Reriod beginning thirty days after planting if needed to allow the plants to become well established Caution shall be used to prevent nutrients from being erectly deposited into the water. Section 316.5. Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended but not mandated, from M pond stren m. water course. lake wetland or from the top of a seawall A swalelberm_ystem is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent Indian River County Code relations appl% this provision e R� Page 4 of 9 90 of 95 ORDINANCE NO. 2013 - 012 does not relieve the requirement to adhere to the more strip gnt regWations. Notwithstanding the voluntary nature of the above sentences no mowed or cut vegetative material may be deposited or left remaining_in this zone or deposited in the water. Care should be taken to prevent the over - spray of aquatic weed products in this zone. Section 316.6. Fertilizer content and application rates. (a) No fertilizer containing R oWhorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florid Institute of Food and Agriculture Sciences gpproved testing methodology. In the case that a deficiency has been verified the application of a fertilizer containing_yhosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5E71.003(2), Florida Administrative Code Deficiency verification shall be no more than 2 years old. However, recent application of com»ost, manure, or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian Riv—er County shall contain at least 50% slow release nitrogen per guaranteed analysis label. f c) Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in accordance with requirements and directions set forth on the label or tag for packaged fertilizer products or in the primed information accompanying the delivery of bulk fertilizer products, as provided by Rule Sl -1 003(2) Florida Administrative Code Labeling Requirements For Urban Turf Fertilizers All packaged and bulk fertilizer products sold in Indian River County shall be sold in packag`s with labels or tags, or, if sold in bulk, be accompanied by printed information. which complies with the requirements of Rule SE-1.003(2). Florida Administrative Code. (4) Fertilizer containing nitro eg n or Qhosphorus shall not be applied before seeding or sodding a site and shall not be applied for the first 30 days after seeding or sodding, except when hydro- gqedLng for temporary or permanent erosion control in an ewer e�ncy situation (wildfire, etc.). or in accordance with the Stormwater Pollution Prevention Plan for that site. Section 316.7. Application practices. fa Spreader deflector shields are rewired when ferblizing_via rotary {broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected may from all impervious surfaces fertilizer -free zones and water bodies, including wetlands. fib) Fertilizer shall not be applied gpillecL or otherwise deposited on any impervious surfaces. {c) Any fertilizer applied, spilled or deRosited, either intentionally or accidentally on any impervious surface shall be immediately and completely removed to the g eatest extent practicable. Page S of9 91 of 95 ORDINANCE NO. 2013 - 012 (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Section 316.8. Management of crass clippings and vegetative materials. In no case shall grass clippings vegetative material and or vegetative debris be washed swept or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Section 316.9. Exemptions. The provisions set forth above in this chapter shall not apply to: (�) bona fide farm operations as defined in the Florida Right to Farm Act, § 823.14, Florida Statutes: (b) other properties not subject to or covered under the Florida Righht to Farm Act that have pastures used for grazing livestock: (c) any lands used for bona fide scientific research, including, but not limited to, research on the erects of fertilizer use on urban stormwater, water 09j% agronomics, or horticuhure.: (d) golf courses when landscapina is performed within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses", these provisions shall be followed when applying fertilizer to golf course practice and play areas: (e) athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green BMPs, while maintaining the health and function of their specialized turf areas: (b vegetable gardens owned by individual property owners or a comma, and trees grown f_or their edible fnzit. Section 316.10. Training. (a) Within the time period set forth in section 316.12 of this Chapter, all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six -hour training program in the "Florida-- friendly Best F Page 6 of 9 92 of 95 ORDINANCE NO. 2013 - 012 Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection tbrough the University of Florida Extension "Florida - Friendly Landscapes" program, or an approved equivalent. Neighborhoods program when applying fertilizers. Section 316.11. General education program. The Public Works Department shall have an employee who shall address issues pertainin to o this Chapter This employee shall implement a program to inform the eng_- eral public of the requirements of this chapter, which program shall include, among other things, informative postings on the County website, printing and distributing informative brochures and other print materials, and speaking engagements at community associations, civic organizations, etc. The program shall also include to the extent practioble us of =materials from the Be Floridian program and coordination and collaboration with University of Florida Institute of Food and Agriculture Sciences educational activities. Any claimed or alleged deficiency in the County's general education program shall not constitute a defense to any_ action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators. (a) No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River County shall abide by and successfully complete training and continuing education requirements in the "Florida friendly Best Management Practices for Protection of Water Resources b- the Green Industries. " offered by the Florida Department of Environmental Protection through the University of Florida Institute of Food and Agriculture Sciences "Florida friendly Landscapes" program, or an approved equivalent grogram prior to obtaining an Indian River County Local Business Tax Certificate for any categoa of occupation which ma►apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall pmvide proof of completion of the,Mggram to the Indian River County Tax Collector's Office witbin 180 days of the effective date of this ordinance. fib) After December 31 2013, all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at all times when appl ift fertilizer, evidence of certification by the Florida Department of Ag culttve and Consumer Services as a Commercial Fertilizer Applicator per Rule SE- 14.117 {181 Florida Administrative Code. (q) All businesses applying fertilizer to turf and/or landscape, Rlants (including but not limited to residential lawns, golf courses, commercial propertim and multi -family and condominium properties) must ensure that at least one employee has a "Florida - friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of 6 Ob -WA,g -two Page 7 of 9 93 of 95 ORDINANCE NO. 2013 - 012 occupation which mgy apply any fertilizer to turf and/or IandsM plants shall pmvide proof of completion of the program to the Indian River County Tax Collector's Office. Section 316.13. Enforcement. This chapter may be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues uertai_ning to this Chapter pursuant to Chapter 162, Florida Statutes and § 103.07 of this Code In additio, n. this chapter may be enforced by the Environmental Control Officer pursuant to Chanter 85-427 Special Acts. Laws of Florida, and §303.14 of this Code Penalties and remedies for violations shall be as set forth in §100.05 of this Code, and, to the extent applicable, Chapter 85 -427, Special Acts. Laws of Florida. Funds generated by penalties imposed under this section shall be used by Indian River County for the administration and enforcement of §403.9337 Florida Statutes. and the corresponding sections of this chanter, and to further water conservation and nonpomt pollution prevention activities. ection 316.14. References to state law. Any references in this chapter to Florida Statutes. rules or regulations shall refer to such statutes rules or regulations, as amended from time to time. Section 316.15. Applicability. This chapter shall be applicable to and shall re ate M and all applicators of fertilizer and areas of application of fertilizer within the area of Indian River County, unless such applicator is specifically exempted: provided. however that this chapter shall not apply within the limits of any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective only, and shall not impair any existing contracts. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re- lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. P & Page 8 of 9 94 of 95 ORDINANCE NO. 2013 - 012 Section 6. Directina County Attorney's Office to Post Summary on County Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Effective Date. This ordinance shall become effective 45 days after the filing of the ordinance with the Florida pepartment of State. This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for a public hearing to be held on the I e day of July, 2013, and on the 10th day of August, 2013 for an additional public hearing to be held on the 2e day of August, 2013, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted by the following vote: Chairman Joseph E. Flescher AYE Vice Chairman Wesley S. Davis AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AMY _ The Chairman thereupon declared the ordinance duly passed and adopted this 20s' day of August, 2013. °o °5101-4ER5. ;�5••'" •• :� BOARD OF COUNTY COMMISSIONERS :INDIAN RIVER COUNTY, FLORIDA 'rte :spa a y,• Q h 19. Flescher, Chairman ATTEST: Jeffrey R. Smith, CldiiM.WK °° Approved as to form and legal sufficiency: By= Dep Clerk Dy emgold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. R A�wolLdnwadi+rsem..n. m- -m sr ywlA&s Page 9 of 9 95 of 95 C 1 � 1,4 (ye MUNICIPAL AIRPORT AGENDA TRANSMITTAL City of Sebastian, Florida Subject: FAA Grant Agreement for Main Agenda No. Street Access Road Improvements Department Origin: Comm, t Dqv- •pment Director: J. Griffin -ormitegill Finance Director: K. -1:or- r4L, Approved for Submittal by: Admin. Services: D. Vier .0 . , A Al Minner City Manager City Clerk: S. Maio _,4`i City Attorney: R. A. Ginsburg. ;; /� Date Submitted: 10 September 2013 For Agenda of: 11 September 2013 Exhibits: FAA Correspondence& Grant Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A $1,475,000 REQUIRED: -0- SUMMARY On 10 October 2012, Council approved a FDOT Joint Participation Agreement (JPA) as part of the State's participation in the Main Street Access Road Improvements project. The JPA amount is $600,000. That action was the first step in the funding of the project. The City/Airport has Council approved CIP funding of$275,000. The third tranche of said project funding has recently been released by the FAA. The attached Grant Agreement represents $600,000 toward the project. Acceptance of this grant will complete the grant funding as approved by Council in the CIP. RECOMMENDATION Approve Resolution R-13-27. Orlando Airports District Office 5950 Hazeltine National Dr.,Suite 400 U.S.Department Orlando,FL 32822-5003 of Transportation Federal Aviation Phone:(407)812-6331 Administration Fax:(407)812-6978 September 10, 2013 Mr.Joe Griffin Airport Director 1225 Main Street Sebastian, FL 32958 Dear Mr. Griffin: RE: Sebastian Municipal Airport; Sebastian, FL AIP Number 3-12-0145-010-2013 °4 s Grant Offer We are enclosing the original and one copy of a Gr ., o, e, • AIP Project No°3,1'-0145-010-2013 for Sebastian Municipal Airport, in response to your Ap•,i«- ion o�a •eral Assistance=,,•,August 5, 2013. Your acceptance of this Offer will constitute a Gran greemen, ;which the governmen-will participate in the allowable costs of the j roect amountin , 0600,000(Fed share). p �_ Once the authorized official has executed the Agreement and ,`e official's signature has been notarized and sealed/stamped, the attorney for the City ofSebastian..must certify that the Sponsor's acceptance complies with local and state law;.and constitutes a legai and binding obligation on the part of the Sponsor. Please note that the Agem`ent=rs�.s not legal unless the attorney signs it AFTER the Sponsor. If the terms of this Offer are s tisfactory, please exeu to the dod`ument as soon as possible, but not later than September 17, 2013. T;_o�,assist us in admini�ive reportting requirements, you are requested to notify this office by emailing a,PDF of signature pag- the gran immediately upon executing the grant. Only the original execute *rant needs to be retu ad to this office. The remaining copy is for your file. Please note at this grfint offer rrayu be funded all or,in part with funds from the Small Airport Fund. Please allow approximately 30 days after=returning final executed grant to this office before attempting any drawdowns from the letter,oftredit account. If a drawdown is necessary before this time, please contact thWtrlando Airports Dist Office prior to initiating the draw. Sincerely, "Original Singed B "-. Bart Vernace, P.E. Manager 2 Enclosures cc: w/enclosure(grant) Laurie McDermott, FDOT/4 Cr GRANT AGREEMENT U.S.Department of Transportation Federal Aviation Administration 1 Date of Offer. September 10,2013 Project Number. 3.12-0145010-2013 Recipient: City of Sebastian(Herein called Sponsor) Airport: Sebastian Municipal Airport OFFER THE FEDERAL AVIATION ADMINISTRATION,FOR AND ON BEHALF OF THE UNITED STATES,HEREBY OFFERS AND AGREES to pay,as the United States'share,ninety percent(90%)of the allowable costs incurred in accomplishing the project consisting of the following: Improve Access Road' as more particularly described in the Project Application dated August 5,2013. A The maximum obligation of the United States payable under this Offer shall be$600,000 for airportelopment This offer is made in accordance with and for the purpose of carrying out the appl�Cablaa proVi,s r o?te Federal Aviation Act of 1958,as amended,codified at Title 49 of the United States Code. Acceptance and execution`O1iMs Bill, . °comprise a Grant Agreement,as provided by Title 49 of the United States Code,constituting the contrac OA?jans and rights of, States and the Sponsor. UNITED STATES OF AMERICA �riglnal Singed o,• FEDERAL AVIATION ADMINISTRATION �� Airports District Ofifc `' ors C.- ACCEPT�Er te. i . , d The Sponsor agrees to accomplish the•i ,-a in comphan '.k temkt o ditions contained herein and in the document'Terms and Conditions of Accepting Airport Irri `ement Program Gr. • ted Aprl 2013.The Sponsor specifically acknowledges that knowingly and willfully providing false inf�mrmation to the Federal G ent is a vN tion of 18 U.S.C.Section 1001(False Statements) and could subject the Sponsor's r :14 ed Official Representativ fines,imprisonment or both if the U.S.Department of Justice determines the official acted outside the'4'.• of his/her duties. F t { = Executed this d f .7"_' 20 e (Seal) ma Naneof'Sponsor Attests; Signature of Sponsor's Designated Official Representative Title .. . Title T h44P CERTIFICATE OF SPONSOR'S ATTORNEY I, ,acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter Into the foregoing Grant Agreement under the laws of the State of Florida.Further, I have examined the foregoing Grant Agreement,and the actions taken by said Sponsor relating thereto,and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof Is in all respects due and proper and in accordance with the laws of the said State and the applicable provisions of the Federal Aviation Act of 1958,as amended,codified at Title 49 of the United States Code.In addition,for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal impediments that will prevent full performance by the Sponsor.Further,it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Signature of Sponsor's Attorney Date RESOLUTION NO. R-13-27 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A U.S. DEPARTMENT OF TRANSPORTATION FAA GRANT AGREEMENT TO PROVIDE FUNDING FOR MAIN STREET ACCESS ROAD IMPROVEMENTS AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Federal Aviation Administration has agreed to provide funding for Main Street Access Road Improvements 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 U.S. Department of Transportation FAA Grant Agreement for AIP Project Number 3-12-0145-010-2013 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 to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Council Member Andrea B. Coy Council Member Jerome Adams Council Member Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of September 2013. CITY OF SEBASTIAN, FLORIDA By: Mayor Bob McPartlan ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Robert A. Ginsburg, City Attorney 2