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02-27-2019 CC Agenda w CRA
CRY OF SEBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, FEBRUARY 27, 2019 - 6:00 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 on Back of Agenda 1. CALL TO ORDER 2, INVOCATION 3. PLEDGE OF ALLEGIANCE — Led by Council Member lovino 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. 19.010 A. Presentation of Sebastian Clambake Foundation Proceeds to 2018 Beneficiaries by Teddy Hulse, Foundation Board Member 19.026 B. Proclamation — Children's Week — March 24-29 - Marsha Powers, CEO of the Early Learning Coalition 19.027 C. Proclamation - March For Meals Month - Karen Diegl, President/CEO of the Senior Resource Association Brief Announcements March 2nd - Craft Club Show — 10 am — 3 pm March 9�h — Pelican Island Wildlife Festival — 10 am — 4 pm March 15-17t''- Shrimpfest & Craft Brew Hullabaloo - Fri 3-9, Sat 10-9, Sun 10-5 7. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aaencv pgs 5-6 A. Approval of Minutes — January 23, 2019 CRA Meeting pgs 7-35 B. Facade, Sian and Landscaping Program i. Consider Grant Request for 1004 U.S. Highway 1 — Arthur & Amy Priep (Transmittal, Summary, Application, Grant Criteria) pgs 36-52 C. Fiscal Year 2018 CRA Annual Report in Accordance with F. S. 163-356(3)(c) Accept and Forward to City Council (Transmittal, Report) 8. Adiourn Communitv Redevelopment Aciencv Meeting and Reconvene as Citv Council 1 of 82 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member 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. pgs 53-57 A. Approval of Minutes — February 13, 2019 Regular City Council Meeting 19.028 B. Fiscal Year 2018 CRA Annual Report in Accordance with F.S.163.356(3)(c) pg 58 Acceptance by City Council (Transmittal, See Pages 37-52 for Report) 19.030 C. Resolution No. R-19-06 —Adopting a Revised City of Sebastian Public Broadcast pgs 59-69 Policy (Transmittal, R-19-06, Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A REVISED "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY", PROVIDING FOR LIVE BROADCASTS OF CITY BOARD AND COMMITTEE MEETINGS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 11. PUBLIC HEARINGS Procedures for legislative public hearings: ■ Mayor opens hearing ■ Attorney reads ordinance or resolution ■ Staff presentation ■ Public input ■ Staff summation • Mayor closes hearing • Council deliberation and action 19.013 A. Resolution R-19-03 — Stormwater Utility Credit Fee Policy (Transmittal, R-19-03, pgs 70-77 Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR METHODOLOGY, APPLICATION, DETERMINATION AND DEADLINE FOR REQUESTING STORMWATER FEE CREDITS PURSUANT TO SECTION 102-124 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 2127119) 19.013 B. Second Reading and Public Hearing of Ordinance No. 0-19-02 Stormwater Utility pgs 78-82 Fee Credit Policy (Transmittal, 0-19-02) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 102, ARTICLE V OF THE CODE OF ORDINANCES, PROVIDING FOR CLARIFICATION, UTILITY FEE CREDITS AND ESTABLISHMENT OF FEES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 2127119) 12. UNFINISHED BUSINESS 2 of 82 13. Public Input 14. New Business 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Vice Mayor Kinchen B. Council Member Dodd C. Council Member lovino D. Council Member McPartlan E. Mayor Hill 19. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hourby a majority vote of City Council) Ci _� HEARING LOOP INSTALLED. SWITCH HEARING AID TO T -COIL. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. 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 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meefina Dates: March 13, 2019 Regular City Council Meeting April 10, 2019 Regular City Council Meeting April 24, 2019 Regular City Council Meeting May 8, 2019 Regular City Council Meeting May 22, 2019 Regular City Council Meeting 3ofd PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular Citv Council Meetinqs 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 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); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinqs. 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 Headinq 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. 4of8� Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting January 23. 2019 Page Five Vice Mayor Kinchen announced the upcoming events and Mayor Hill recessed the City Council Meeting and convened the Stormwater Utility Fee Credit Policy Workshop at 7:01 p.m. 7. Recess Citv Council Meeting and Convene Stormwater Utilitv Fee Credit Policv Workshop 18.048119.013 A. Review and Consider Recommended Changes to the Stormwater Utilitv Fee Credit Program (Transmittal. Proposed 0-19-02, Proposed R-19-03. Policv, Application) The City Manager said this is to ensure the credit policy was being administered fairly and equitable based upon data that is measurable to include up to a 90% credit if property does not drain into the system at all. He thanked the Community Development staff for their hard work on the revised policy. Mayor Hill asked if the 30 days should be changed to 45 or 90 on section 102-128(a)(3). The Community Development Director advised that staff would like to keep the 30 days which is consistent with other documents. The City Manager said in the same section, 102 should be 124. Council Member Dodd explained that the only way property owners may receive a credit is to make a change to their property that will reduce the amount of impact on City's maintenance of stormwater structures; or if there are physical features to the property that allows the City to take advantage of the fact that we don't have to provide the stormwater treatment; this is done during when the site plan or an application is submitted; a 90% reduction does require the 10% administration fee. He favored the revised procedure. Council Member Dodd noted the tax collector would require the whole amount during the appeal process instead of a good -faith estimate and the City Manager agreed that the language would be changed to collect the full amount and refund an overpayment if someone was successful with their appeal. It was the consensus of Council to move forward with the Stormwater Utility Fee Credit Program, Mayor Hill adjourned the workshop and reconvened as the Community Redevelopment Agency at 7:10 p.m. 8. Adiourn Stormwater Workshop and Reconvene as Communitv Redevelopment Agency 4--- A. Anoroval of Minutes i. Nov. 28, 2018 CRA Meeting ii. Dec. 12, 2018 CRA Workshop MOTION by Mr. McPartlan and SECOND by Vice Chairperson Kinchen to approve both sets of minutes passed with a unanimous vote of 5-0. C. N. Kirrie asked to speak on the stormwater credit policy and Chairman Hill asked him to return during the first reading of the ordinance. 5of82 Regular City Council, Stormwater Utility Fee Credit Policy Workshop & CRA Meeting .January 23. 2019 Page Six B. Septic to Sewer Proaram Grant I. Consider Changes to Grant Program (Transmittal, SSP Jan 2019) The City Manager said these changes took into consideration the two different quotes: $5,000 for a gravity system and $10,000 for a lift station; and a 75125 split along with a clarification of active septic systems. He asked the Board if they would like to move forward with the changes. MOTION by Mr. Dodd and SECOND by Mr. McPartlan to approve the program changes. ROLL_ CALL: Vice Chairperson Kinchen — aye Mr. Dodd — aye Mr. lovino — aye Mr. McPartlan -- aye Chairman Hill — aye Motion carried. 5-0 9. Adjourn Community Redevelopment Agency and Convene City Council Meetinq Mayor Hill recovened the City Council meeting at 7:15 p,m. 10. CONSENT AGENDA A. Approval of Minutes — January 9, 2019 Regular City Council Meeting 19.014 B. Authorize Mayor to Execute Sovereign Submerged Lands Lease Renewal for Yacht Club Ramp and Piers (Transmittal, Lease) 19.015 C. Authorize the Purchase of One (1) 2019 Ford Explorer 42 SUV from Bartow Ford Company in the Amount of $28,132.95 for the Leisure Services Director Under Charlotte County's Bid No. 2018000509 (Transmittal, Quote, Bid) 19.016 D. Approve Alcoholic Beverages al Yacht Club for Blanchette Event on February 2, 2019 from 12:00 pm to 4:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member lovino and SECOND by Vice Mayor Kinchen to approve consent agenda items A -D. ROLL CALL: Council Member Dodd - aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Motion carried. 5-0 11. 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. 19.017 A. Parks and Recreation Advisory Committee (Transmittal, Application, Ad, List) I. Interview, Unless Waived, Submit Nominations for One Alternate Member Position — Term to Expire May 31, 2021 6 6of82 pn �r SEBAST_I HOME OF PELICAN ISLAND CRA MEETING DATE: AGENDA ITEM TITLE: CRA AGENDA TRANSMITTAL February 27, 2019 Fagade, Sign & Landscaping (FSL) Grant RECOMMENDATION: Consider grant request from Arthur and Amy Priep, 50% of the costs, up to $15,000, for exterior fagade improvements, including landscaping, and signage. BACKGROUND: In accordance with the Fagade, Sign, and Landscaping Grant Program, eligible signage and landscaping improvements may be considered for 50% of the costs, up to $7,500. Eligible exterior facade improvements (including signage and/or landscaping) may also be considered for 50% of the costs, up to $15,000. Mr. Arthur Priep, owner of the building located at 1004 U.S. Highway 1 and the adjacent property, has applied for grant monies to update the sign, exterior of the buildings, and landscaping. The property is currently unoccupied by any business however, these improvements would improve the overall appearance of the property. The proposed improvements are: 1) removal and replacement of the sign; 2) installing Dutch Lap Vinyl Siding, new entry doors to the men's and women's restroom, and installation of Bahama Shutters over the two windows on Building # 1; 3) on Building # 2, install Dutch Lap Vinyl Siding, split shake style shingles around the upper fascia of the building to match Building # 1; 4) fresh paint on both buildings. They would also like to add a new dumpster enclosure and add landscaping around the property per the proposed landscape plan enclosed. Although this property is currently unoccupied with a business, the proposed improvements to this blighted site and building meet all other intentions of the grant (See Attached FSL Grant Ranking Criteria). ATTACHMENTS: 1. FSL Grant Funds Summary to Date 2. Application and backup material 3. FSL Grant Ranking Criteria If Asenda Item Requires Exnenditure of Funds: Total Cost: $15,000 Amount Available: $86,726 If Cost Requires Appropriation: NIA Administrative Services Department/CFO Review: City Manager Authorization: Date: February 27, 2019 7of82 anti SE HOME OF PELICAN ISLAND SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY FaVade, Sign, & Landscape Grant Account Summary To Date CRA Budget Addition 2017/18 $40,000 1. Sebastian River Properties, LLC Less funds disbursed 1004 U.S. Highway 1 Less funds awarded, but not yet disbursed Available Funds Remaining aON L $15,000 $15,000 $40,000 Pending SIS,UU0 inclusive through February 2019 FAPADE SIGNAGE AND LANDSCAPING GRANT FACADE SIGN AND LANDSCAPING GRANT 1. Project Location Address of Property to be improved: 100'-1 U.5. 4(j -)u = 1 - S'F_i3A 5n P' 4 Assessor Parcel Number(s): 31- kyr') — Name of Business (es) in Project: T13.0. Building Street Frontage Measurement of Project: 203.5` vktx 1 l'?q•or MAcznk1 AUF., 2. Applicant Information Name: AiZtrl�tZT{�nQrci,-P-Sr-QASf�/�r� P_ZrUC-4Z PaLLM Mailing Address: -3901 C Ak1_P L_ 01Z. City: N1 e-e—o State: 1=(- Zip: -3z`t'7!' Phone: (In -�) -- ('G -r 91 Email: =u 1 _ Q r7 -r C� C(?rg cfR 1.lEX- Do you Own, Rent or Lease the subject property? OLull *If you are not the owner, the owner will need to co-sign this application. 3.Busine sses or Services Offered on Site: RLL 1_-)1Z0Fas5;1Or`t#A- 6fEsZ,RCE T-LfP �3Vsi►ti�SS i� M��-� "�_az" -����.r+..t6 wfrtkavt _ �/' •'11..3 t'` i -a [ -�74i� SP^?D0 4. Description of Proposed Improvements: T Msw 5ioitt6 oKi SLOG fr1 z 1 1J&�-) -c�c i)E oF3LU)6-4�z) PAtt-j-C I iZE0(A-cE q I)prrNr tzl 4 [S�) [ O .5160 rbZ O -An POA -OCE CE 4 W t T- c `6 U7G's. r�j3 ).l�tiv �vM���e Erz E ►"CCasu� -+ PA'Nr i o MAT -I �ct��,`.s. J �,trGLo C7f�lt� 5ilNt() �Ik�DSC � f �- f)1)1laf7 cE �p�zrk -l�s7C�i►�C� MlvLTL 4 � Ate() ppc'hS $ MVLrctt 5. Please identify ways in Which this protect supports the Overlay District Concepts T (`)( )rr�c fu (a _l_GfJ - 01� 4 L210( LA)t� I M 6'><?LX) k=�r2�i-aT� � I N C -L- L) 0 t"G '�s Lc kJ '� orttr� 1q P-urt cra-c 4,S PeLrc, To 4t _6 r 4 Lo A'1 1 'SZ, 1_.t h}�� �j' ri C1✓ [ l�tTt �i l9 I�1 4 T7'"6 �t Approved by CRA 6/12/06, rev. 06/20/07, 09/23/09, 03/12114, 12/10/14, 4/26/17, 9/13/17 and rev 9/24/18 Page 5 9 of 82 FAPADE SIGNAGE AND LANDSCAPING GRANT 6. Submittals Applications must include the following materials, if applicable, for consideration by the City: Current Photo(s) of project site Assessor parcel number and proof of paid property taxes Applicant Information Listing of businesses or services offered on site Description of proposed improvements Identification of project's support of the Overlay District Current Occupational License Rendering or sketch of proposed improvements Architectural plans - elevation drawing, dimensions, measurements, etc Calor and material samples Sign/Awning design drawings and/or plans Documentation of cost estimates -- copies of vendor bids, estimates, etc Signature of Property Owner and Applicant Applications lacking sufficient materials to describe the project will NOT be reviewed. Approved by CRA 6112106, rev. 06120107, 09123109, 03112114, 12110114, 4126117, 9113117 and rev 9124118 Page 6 10 of 82 FAPADE SIGNAGE AND LANDSCAPING GRANT 7. Estimated Costs and Timing Please provide copies of two (2) vendor bids/estimates or other documentation of cost estimates for all proposed fagade work. 0 a. Window or Door Replacement b. Exterior paint or siding Z c. Signage d. Exterior Lighting e. Fagade/Exterior Architectural Improv. f. Architectural/Design Fees Vg. Landscape/Hardscape Improvements h. Awnings or Shutters i. Building Permit/Planning Fees j. Other Proposed Improvements (specify) 3 cc. r -)UM P5; F -d r -M rev 1,ojLE- U i 3 L _i N i 71►�, i i�1l��,i lrt2 I�M(MLW--4 6kLP F-) TOTAL ESTIMATED COST $ 1 ?crCD. coo (Trcn, t' q -0 t 5"L)ja=5� $ t'ir,�xlo ©o (f 'j"n 5r,1 q 3-�3�zr�-r $ 4r���rb� (r�sw �s�e D+a�u� sm�rrfj $ 1 LSdC,0 $ �Scx�•o� (�ir�v c��s� } $ f Sre�. po [St uTwZ i''�,tvnau[�� $ Estimated Days/Months for Completion (e-) woij-tl5 O oe AF, d,nir (,S5U-CO 8. Signatures Sig i)Sture(s) This Section for City Use Amount Received: Date Reviewed: a� I Lkl I Ci Recommendation to CRA: Action by CRA: MAP OF CRA BOUNDARY Signe Applic si nat re(, RECEIVED FEB 14 2019 City of Sebastian Community Development Dept. Approved by CRA 8/12106, rev. 06/20/07, 09123/09, 03112114, 12110/14, 4/26/17, 9/13/97 and rev 9/24/18 Page 7 11 of 82 OFFICE 1 RETAIL BUILDING 1004 US.HWY. 1 SEBASTIAN, FL sup" MCS•" we�nMry OD N 8'-D" 1'-U" OFFICE I RETAIL SPACE FOR LEASE 000-000-0000 12" WIDE ALUMINUM SIGN EXTRUSION 2' RETAINER SYSTEM SATIN ACRYLIC ENAMEL FINISH 3118' THICK PAN FORMED ACRYLIC FACES OUTSIDE SURFACE APPLIED VINYL DECORATION INTERNAL WHITE "L.E.D." ILLUMINATION FABRICATED ALUMINUM POLE COVER AND EMBELLISHMENT WITH INTERNAL ALUMINUM ANGLE FRAME CONSTRUCTION FINISHED IN ACRYLIC ENAMELS COLORS TBD SIGN INSTALLED ON (2) VERTICAL STEEL SUPPORT POLES WITH DIRECT BURIAL CONCRETE FOUNDATION DISCONNECT JUNCTION BOX ON SIDE OF POLE COVER COLOR SCHEDULE: �IEXTERIOR METAL SURFACES I I rAWNET DESERTSANR LLQ❑__111 ACCENT CAMEO ❑ -F! DESERTSAND ■ CAP BRANDY YVOOD FACE DECORATION ■ RED --RE. p - ( INTERNALLY ILLUMINATED DOUBLE SIDED FREESTANDING SIGN SCALE 318'- 1'-0" celebrnIJng 50 yeas Of Qualify Underwriters Manufacturing and Service W Laboratories, Inc. E147646 I R I ORIGINAL DESIGN NO. 00000 ART-RAFF SIGN COMPANY IS NOT RESPONSIHILEART-KRAFT CUSTOMER 1W4BUILDING DESIGNNO. 36814 I REVISION CUSTOMER APPROVAL DATE www.Art-Kraff.com SALES RSP. DON I DESIGNER WAYNE I SCALE 3�8- = 1'-0' f RATE 2 -11 - 19 _ -_ _ _ _ _ - ,� ArtKrafFSigns 2675 Xllby Clrcle N.E. Rolm boy FL, 32905 (321) 727-7324 FAX(321)951-2466 RI6 Dedgn, In whole min pad, is" plepmly d NI-lodl Sign Company and maynol be umd wlmoul lheerpmsmd wdnen pmmbAon d Art-Viall Sign Company. Inc. OFFICE/ RETAIL BUILDING 1004 US.HWY. 1 SEBASTIAN, FL 9'-0" — 2'-0• B. -O. 7'-W V-2- 0 F F ICE '12"OFFICE 1 RETAIL SPACE FOR LEASE 4'-0° 000-000-0000 10'-0' 4--9- 12' WIDE ALUMINUM SIGN EXTRUSION T RETAINER SYSTEM SATIN ACRYLIC ENAMEL FINISH 3116' THICK PAN FORMED ACRYLIC FACES OUTSIDE SURFACE APPLIED VINYL DECORATION INTERNAL WHITE'L.E.D.' ILLUMINATION FABRICATED ALUMINUM POLE COVER AND EMBELLISHMENT WITH INTERNAL ALUMINUM ANGLE FRAME CONSTRUCTION FINISHED IN ACRYLIC ENAMELS COLORST80 SIGN INSTALLED ON (2) VERTICAL STEEL SUPPORT POLES WITH DIRECT BURIAL CONCRETE FOUNDATION DISCONNECT JUNCTION BOX ON SIDE OF POLE COVER INTERNALLY ILLUMINATED DOUBLE SIDED FREESTANDING SIGN SCALE 318"- 1'-0' FREESTANDING SIGN COLOR SCHEDULE: EXTERIOR METAL SURFACES CABINET DESERTSAND LL❑��11 ACCENT CAMEO ❑ CJWFR ❑ESERTSAND �. ■ CAP or"fly WOOD FACE DECORATION e �1 r-j4I' J= Celebrating 50 years of Qualif-v Ul Underwriters Manufacturing and Service. Laboratories, Inc. E147646 ( R I ORIGINAL DESIGN NO. 00000 CUSTOMER 1004 BUILDING DESIGN NO.36814 nEV151ON CUSTOMER APPROVAL DATE www Art-Kraff.com SALES REP. DON I DESIGNER WAYNE I SCALE 318"=I'-0' (DATE 2-11-19 II ArtKraffSigns try Ctrcia N.E. Folen Bay FI., 32905 '1211727-7324 FAX (321) 951-2456 h h DsY�, h weeds «h put, k tM popery a AMXtarl sign Company ane may not Ds wed wMpR 11fa stead w%!Ma aamrwm a A t tnae Sign C«m« v. Mw. SCOPE OF WORK (ARCH ITECTURAL./STRUCTURAQ : 1. REMOVE PUMP HOU5E PER 51TE LAYOUT 2. REBUILD/RENOVATE SIGN PER PLAN. EXTERIOR BLDG. # I 1. NEW PAINT @ ROOFING (COLOR PER RENOVATION PLAN) 2. IN5TALL G" HOR12ONTAL LAP 51DING (PER RENOVATION PLAN). 3. REMOVE/R>=PLACE EXISTING DETERIORATED BATH DOORS. EXTERIOR BLDG. #2 (GARAGE/STORAGE) 1. NEW PAINT @ ROOFING (COLORS PER RENOVATION PLAN TO MATCH BLDG. # 1), 2. IN5TALL G" HORIZONTAL LAP 50ING (TO MATCH BLDG. # 1). 3. REPAIR/ADD VINYL (5NAKE 5TYLE) (O MATCH BLDG. # 1). INTERIOR FLOOR PLAN I . REMOVE EA5TING GLA55 DOOR5 * FRAME -IN. 2. GENERAL CLEAN UP 4 PAINT A5 REQ'D, 3. REMOVE/REPLACE EXISTING FLOORING COVERING A5 REQ'D. 4. EXi5TING ELECTRIC TO REMAIN (TO BE CHECKED/VERIFIED BY LICEN5ED ELECTRICIAN). 5. EX15T{NG PLUMBING FIXTURE5 TO BE REMOVED/REPLACED A5 REQ'[) NOTE: OWNER5 ARE MAKING APPLICATION FOR SEBA5TIAN CRA FACADE, 51GNAGE � LAND5CAPING (NPROVEMENT GRANT PROGRAM. EVERY EFFORT 15 BEING MADE TO MODIFY/IMPROVE THE EXISTING BUILDING(5) t 51GNAGE TO MEET THE OLD FLORIDA F511ING VILLAGE THEME. O 00 fV 1004 Building 2/11/2019 11:04:23 AM OE Classic - New Outlook Express, Windows Live Mail and Thunderbird replacement! Download now - htta://www.oeclassic.com/ This text is not printed in OE Classic Pro (full version). From: Don Reilly <don(@art-kraft.com> To: Tech Art <tech artCalcorncast.net> Sent: 2/11/2019 10:57 AM Attach: irnage001.jpg (image/jpeg, 5 KB), 36814 1004 BUILDING DOUBLE SIDED FREESTANDING SIGN copy.pdf (application/pdf, 428 KB) Subject: 1004 Building Hi Amy, Please see attached design for your new sign. We could only find the "Dessert Sands" in our SW book. If the other colors aren't correct let me know and I'll revise them. Corky and I discussed using the existing cabinet but by the time we take it down and clean it up it would cost the same for a new cabinet. The following is for a new LED illuminated double faced sign. If you want to save some money the sign could be smaller...a 4' x 9' sign is larger than most in that area. Just let me know and I'll redesign it...it only takes a few minutes. The cost to remove and dispose of the existing and to manufacture & install the attached is $8200.00 + tax & permit fees. If you do a 4' x 8' sign the cost would be $6950.00 + tax & permit fees. We can trade out part and cash on the balance with a 15% discount if you want. Thank you, Don Reilly 321.727.7324 Ext 203 pAT.KAkI S!GN. iit a _ @4 www.art-kraft.corn The attached fife is for evaluation purposes only. By opening the attached document, the recipient agrees to not disclose (in whole or In part) in any manner (physically or electronically) to anyone other than employees of the recipient in a "need to know" basis. The design will remain the property of Art -Kraft Sign Company, Inc. until purchased and paid in full by the recipient. Failure to comply with this Non -Disclosure Agreement will result in the recipient being liable for the full purchase price of the design (minimum $500 U.S.) as well as any legal fees incurred to obtain restitution. image001Jpg (5 KB, image/jpeg) Page 1 of 1 15 of 82 ARt'XA �N9 ART -KRAFT SIGN COMPANY, INC. S1Gk �� PP-OPOSAL Psapsal Submitted To: OFFICE 1 RETAIL BUILDING 1004 US.HWY. 1 SEBASTIAN, FL CantaQtl`iA= Cate Amy 2111119 Phan Sales Person Don Reilly EaX Designer Dennis E-mail Design -# tech_art@comcast.net 36814 We propose hereby to furn[sh material and_iahor com with specifications below, for the sum of: $7436.50 Payment to be made as follows: Deposit of 50% down Balance due upon completion. Credit Card payments subject to a 2% service fee. All material is uaianteed to be as eciried. All work .- - in a - workmanlike .. - g sp rk to be completed in a workmanlike manner according to standard pracbaes. Any alteration at deviation from specifications below fnvohring extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contngent upon strikes, accldents at delays beyond our control. Owner to carry fire, tomado and other necessary Insurance. our workers we fully covered by Workman's Companeallon Insurance. Authorized Signature —We hereby submit specifications and estimates for: AKS to supply all labor & materials to fabricate & install the following: Design #36814: Remove existing sign to grade & dispose. (1)10'-0" x 9'-0" LED illuminated double face monument sign. Price: $6950.00 + tax $486.50 = $7436.50 Notes: Permit & Engineering to be billed as extra @ AKS cost plus cost to obtain. Primary electric to sign by others, not included. Don Reilly *'!VOTE. Permit & Engineering to be billed as extra @ AKS cost, plus cost to obtain. ** 1. All signage to remain properly of Art-Krah Sign Company, Inc. until paid In full. The Client/Buyer tigress to pay a:l cost In the event of default of payment by the ClienVBuyer, including a reasonable attorneys fee. 2. The ClientlBvyar hereby grants Art -Kraft Sign Company, Inc. the right of entry into and on the property of the CiiendBuyer for the purpose of retaking possession of the signage in the event of default. 3- Any payments not timely received by Art -Kraft Sign Company, Inc. shall bear interest from the due date a1 the rale of 16% per annum until paid in full. 4. Primary electric to signs by others. Primary elecbic not included in price. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. WE ARE PLEASED TO ACCEPT Customer Signature Date 1/I5A 16 of 82 Barefoot Services, Inc. State Certified Specialty Structure Contractor - SCC131149832 P.O. Box 195, Grant, FL 32949 (772)633-1772 Proposal for Improvements at 1004 U.S. Highway 1 per engineered specifications provided. To include: 1, install 4.5 Dutch lap vinyl siding on existing building #1 & 2 - $13,800. 2. Repair soffit on building #1 and install new soffit on building #2 to match building #1- $2,200. 3, install vinyl hand split shake style shingles on facade of building #2 to match the style of roof on building #1- $3,240. 4. Replace entry doors on Men's and Ladies restroom - $1,200. 5. Remove and replace roof on storage room with 3" composite panels on building #1 - $1.,370. 6. Install Bahama Shutters over two windows on buildings #1- $1,650. Total cost for project which includes all material and labor is $23,460. Please call regarding any questions. Manic You for Co sideration, r. Dwne Dingus, President v Barefoot Services Inc. 17 of 82 Hearndon Construction 4472 S. US Highway 1 Grant, FL 32949 772.664.7772 o 772.473.9842 c 321.814.3190 f E-mail: ldheamdon@gmaii.com Name/Address Sebastian River Properties Description JOB: 1004 US Highway 1, Sebastian (Site Clean Up & Improvements) Dumpster Pad & Walls Parking Stop FDOT Signage Estimate �: �,u'- I Date Estimate No. CffOtd BrrMrgCoaL�[ta� nq 1984 Leeamdoa 772-47 � 2/11/2019 1888 n2�41�-�aar Customer E-mail tech_art@comcast.net Qty Rate Total 1 5,500.00 5,500.00 1 245.00 245.00 1 1,200.00 1,200.00 Total Due Upon Completion $6,945.00 Exclusions: Permits, bonds, layout, pre -treat, testing, embeds, waterproofing, sidewalks, brick pavers, pump, fireplace, demo, access to job, truss layout, anchor -bolts & buried or unknown objects Terms: Payment is due upom completion of each line item, unless otherwise noted. Memo: This Estimate is effective for thirty (30) days unless otherwise noted due to fuel and material costs. Acceptance: The above work price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work indicated above. I agree that the work will not commence until this proposal has been signed and forwarded to our office. I also agree to carry fire, tornado and other necessary insurance requirements for the above work. Signature Date Print Submitted by: Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders above the estimate indicated. All agreements contingent upon strikes, accidents, weather or delays beyond our control. The contractor will carry Workers Compensation and General Liability Insurance. Leonaro u. rieamoon, owner 18 of 82 .. j Wils(m Srm lcr Prtssurc \V,i�ditl�- Cell..121-652-6996 ESTIMATE 1).VI is ORDER DATE ORDER NUMBER JOB / 1 { DESCRIPTION 11 de lle.�+U✓e J?a ht2,ti Wa v l�Oa %Plt C3� /YIa., So, ! a :.meq /3u.•/cl,,�y /7en7aV� a CoQ r� 11 J�u.�- �ousc- c�all� ��aa� 25-0- OL-) ,30- Id��s <a AJAAA.' .ap CON / a 7 UO.0C1 ) C wa �/� 5 0"4 /."7c -..j 134j, /J..✓ ►TRs d / fin` / f QUO :J Qn/ / �--ct� ` -). /:9G2�C.-7 l07� Gf�V flv Thank you for your business! Labor and Material 3, 38S Od Total »»» 19 of 82 Busy Bee Lawn and Garden Center Inc, 7445 N US Hwy 1 Vero Beach, FL 32967 (772) 562-1166 Customer Information xxNoCustomerxx Vero Beach FL 329 Account # Invoice # ASSIGN Date 2/11/2019 Page 1 of 1 Associate: Duncan 00-003203 Estimate Prices quoted are good for 30 days from above date. Note: Availablity subject to change. Phone # 772 799.20 25 Gal. 160.00 2 cu.ft. 2.17 � _ Part Niimhar - r�rrlPrP�l — !]PSCfI fn io" IEstimate For Sebastian Properties site plan Arthur Priep CHE03GLHEDG 80 Cherry Hedge 3 Gal, PAL25GLQUEE 8 Palm, Queen 25 Gal. CYPM 75 Cypress Mulch DELIVERY 1 Delivery Charge DELIVERY 1 install Charge _—r -J Thank You Have a wonderful day. Slze Price i Total 1 3 Gal. 9.99 799.20 25 Gal. 160.00 2 cu.ft. 2.17 1,280.0+ 162.75 55.00 65.00 680.00 680.00 Sub Total $2,986.95 State Sales Tax 70/a $156.94 Total $3,143.89 20 of 82 ���4s114,► T- ) ccq U.Is _L.�lr�� �1C�1vn�_(�1�1�n-t:Q�r_�F•�a ariF� tj -FLU 5• _ Rfl�ouF � FM.� _���tR►�►_ s{�_�a�4c'ocx�.� _a� -2(c_ *F Dau) -!aebl zwxt, lK e-- --8--Lw�L-Av- _C-- qkE ddd-u`j� 10. T)t\ft OjZ\' kL---N'�to-iJ67 -4V 21 of 82 - 1 � a! ;. ✓y iii �� �y7 i'/', f • . d^' 1. �� I . ........ ": . . . . . . . . . . . . . . . . . . . 4 ky I 1. .-•. ' rt Vlh� IT r _.`'tom ' •. yy' ` �_ '�,', - � 1:� ° '•a ?h a AV 4 ak— Nor•t. sill 7 Ir r •`� �� .. t- -4p:, ��I.1 ytrY if.! it '•� �,r 1111 _ _ t = 'I' ' ' 4 4` jjjjjj ______ '1}i rY • •� � •�J7 � ,�1s �� � �yS, ��• } �J. h T •4,- I ,f�+ 4� �i +[i yir4 4rr l 1 � I 1. .-•. ' rt Vlh� IT r _.`'tom ' •. yy' ` �_ '�,', - � 1:� ° '•a ?h a AV 4 ak— Nor•t. sill 7 Ir r •`� �� .. t- -4p:, ��I.1 ytrY if.! it '•� �,r 1111 _ _ t = 'I' ' ' 4 4` jjjjjj ______ '1}i rY • •� � •�J7 � ,�1s �� � �yS, ��• } �J. h T •4,- I ,f�+ 4� �i +[i yir4 4rr l Carole Jean Jordan, crc r: 2018 PAID REAL ESTATE Indian River County Tax Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS (ALT. L30986Y ACCOUNT NUMBER 131-39-06-00013-0040-00001/0 11004 US HIGHWAY ROSES SYIADDRE9 8 I TAX RODE I ESCROW 1 SKIP THE TRIP - Pay online at www.IRCTax.com Legal Descripption: VtIA MARTINS SUB PBS 3-12 LOTS 1 TO 4 INC LESS If Postmarked By Nov 30, 2018 WLY 26.11 FT BLK 4 Please Pay $0.00 Discount SEBASTIAN RIVER PROPERTIES LLC 1004 US HIGHWAY 1 SEBASTIAN, FL 32958 Paid 12/03/2018 Effective Date 11/30/2018 Receipt #86-00901881 000007293-0036 $3,309.74 PAY IN U.S. FUNDS TO CAROLE JEAN JORDAN, TAX COLLECTOR - P.O. BOX 1509, VERO BEACH, FL 32961-1$49 - Ph: (772) 226-1343 SKIP THE TRIP - Pay online at www.IRCTax.com I Legal Description: If Postmarked By Nov 30, 2018 W A MARTINS SUS PBS 3-12 LOTS 1 TO 4 INC LESS WLY 26.11 FT BLK 4 Please Pay $0.00 Discount SEBASTIAN RIVER PROPERTIES LLC 1004 US HIGHWAY 1 SEBASTIAN, FL 32958 27 of 82 Paid 12/03/2018 Effective Date 11/30/2018 Receipt# 186-00001881 000007293-0036 $3,309.74 Taxing Authority Telephone Millage Assessed Value Exemption Taxable Value Tax Amount a COUNTY GENERAL FUND 772-226-1214 3.4604 158,034 0 158,034 546.86 �Uj EMERGENCY SERV DIST 772-226-1214 2.3655 158,034 0 156,034 373.83 'nLU SCHOOL STATE LAW 772-564-3180 4.0450 158,034 0 158,034 639.25 OW SCHOOL LOCAL 772-564-3180 2.7480 158,034 0 158,034 434.28 O CITY OF SEBASTIAN 772-388-8205 3.1514 158,034 Q 158,034 498.03 wu- 0:0 ST JOHNS RIVER WATER 386-329-4500 0.2562 158,034 0 158,034 40.49 ZZ SEBASTIAN INLET 321-724-5175 0.0877 158,034 0 158,034 13.86 Om MOSQUITO CONTROL 772-562-2393 0.2515 158,034 0 158,034 39.75 tY� HOSPITAL DISTRICT 772-770-0935 0.9122 158,034 0 158,034 144.16 OLLq Q FLORIDA INLAND NAVIG 561-627-3386 0.0320 158,034 0 158,034 5.06 ZLU LAND ACQUISITION BND 04 772-226-1214 0.2827 158,034 0 158,034 44.68 OQ. M atu M ITotalMillage 17.5926 Total Ad Valorem Taxes $2,780.25 N _ - ti -7: iii Total NmAd Valorem Assessments $667.40 I= -V Authority Telephone Amount Taxes&Assessments $3,447.66 NZ COUNTY LANDFILL FEE 772-226-1300 243.00 SEBASTIAN STORM WATER SERVICES 772-388-8232 424.40 Tax Questions W 1� a (772) 226-1343 Scan to Pay Online ------------------------------------------------------------------------------------------------ „_ Y DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT4 t Carole Jean Jordan,crc 2018 PAID REAL ESTATE � � County Indian River Corm Ta Collector NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS (AL30 COUNT NUMBER PERTY ROSEBASTIAADDRESS ITAX RODE I ESCROW 86Y l1 I 31-39CD6 000 3 0040 00 01/0 11004 US HIGHWAY SKIP THE TRIP - Pay online at www.IRCTax.com I Legal Description: If Postmarked By Nov 30, 2018 W A MARTINS SUS PBS 3-12 LOTS 1 TO 4 INC LESS WLY 26.11 FT BLK 4 Please Pay $0.00 Discount SEBASTIAN RIVER PROPERTIES LLC 1004 US HIGHWAY 1 SEBASTIAN, FL 32958 27 of 82 Paid 12/03/2018 Effective Date 11/30/2018 Receipt# 186-00001881 000007293-0036 $3,309.74 Prepared by and return to: Michele S. Scully Barry G. Segal, P.A. 3096 Cardinal Drive Suite 2C Vero Beach, FL 32963 772-567-5552 File Number: 18-753 Will Call No.: Box 92 E RECORDED DOCUMENT Official Records Book 3142 Page 583 of the Public Records of Indian River County, Florida Date: August 17, 2018 Time: 1:58 p.m. Documentary stamps: $2,502.50 Int. Tax: $0.00 CFN: 3120180051190 Page 1 of 2 (Space Above This Line For Recording Datal Warranty Deed This Warranty Deed made this 13th day of August, 2018 between Kurtell Growth Industries, Ltd., a Texas limited partnership, Kurtell Growth Industries Inc. a dissolved corporation and Kurt L. Wallach whose post office address is 5210 St. Andrews Island Drive, Vero Beach, FL 32967, grantor, and Sebastian River Properties, LLC, a Florida limited liability company whose post office address is 1€)Oq 1_1, 5. } volt -iii -i o -r- 5nPS tJ,0J , Ct., grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TCN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: Lots 1, 2, 3 and 4, Block 4, Less the West 26,11 feet thereof, W.A. Martin Subdivision, according to the Plat thereof, as recorded in Plat Book 3, Page 12, of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. Parcel Identification Number: 31-39-06-00013-0040-00001/0 Grantor, Kurt L. Wallach, warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's primary residence is: 5230 St. Andrews Island Drive, Vero Beach, Florida. The purpose of this conveyance is to wind up the affairs of the grantor. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Tp Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor hat good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. OoubleTime' 28 of 82 Signed, sealed and delivered in our presence: Witn Ene: 5e1WN4L .Wa,.+� ��llil�° •. State of Florida County of Indian River Kurtetl Ind�tri iso d corporation BBy �` I Kurt L. Wal ach, resident (Corporate Seal) eel) urt L. Wallach Kurtell Gr Industries a Texaf limited artnership By: S ny Lakes Cap al, ft(f, a Florida limited liability company, General Partner By: Kurt L. Wallach; Manager ( Seal ) The foregoing instrument was acknowledged before me this � day of August, 2018 by Kurt L. Wallach, individually and as President of Kurtell Growth industries, Inc., on behalf of the corporation, and as the manager of Sunny Lakes Capital, LLC, the General Partner of Kurtell Growth Industries, Ltd., a T ed partnership. He U is personally known to me or f has produced a driver's license as identification. [Notary Seal] ggR ZY GLEN SEGAL COMMISSION # FF %0123 •' =r' EXPIRES: Juae14,2020 ;'xf;_c_; •' bonded Toru Notary Publk underwriters4 Warranty peed - Page 2 Printed Name: My Commission Expires: GoubleTime' 29 of 82 l 51TE DATA GENERAL 5TATEMENT: FROF09EU G2N m nG -UP &L'ROVPMFLIIS TO EX13nN 8ML YOR LSE AS-OFL96K) L BL51NE55 OFTCMERACE-TYPE BU51NE45 ADOPE55: I C04 0.9. HIGHWAY I 5155A571AN, FLORIDA 32958 TAX PARCEL I.D.: 91-39-06000194x740 D DDD l OWNER: 5CDA5TNW RNETi PROPCRRES. LLC ARnIUR P. PREP. MGM. WMEI R AMY M. MEP, MGM. MCMM 3901 rAWL ORiYE MICCO, I'll"A 32976 PHONE: (7721663-6991 ENGINEER: ARTHUR F. FWEP, P.E. a5W U.S. UnH WAY 1, 5UUE a M*W. PLDIU 32976 FHOOQ: MPGG34991 ZONING: CR - COMMEROAL ZNERFRONr REGYD 5ETBACKS: WA 51TE AREA: TOTALSITF - 29,9565.F. I.G9 AC .!1 UOTING PARAINWME- 14,5009.F. 70TAL IMPERIOUS - 16.325 5.F. (54% OF 9TIFj TOTAL MEN AREA - 13,631 5.F. (4G% OF 94M BURDING: m"G I -STORY CQS Mon. F I WN 231 5.F. OxSRNG I_STORY C155 B=. 02 V4594 9,F. (GARACIE) PAMNG: READ: (1)9PACE 2009.F. (1231 9.F. - 6.2 DrA731 PROVIDED: 161 REGULAR! I1)H/C - M 3FACF5 0.5.T.D.5.: 0ZNW SEPTIC LAW DRAIN NEW FIOTABLC WATER: NON -r WA.INNYUMITED U5E WELL 5GNAGE: EMTING 9164 TO IT REW WATFTy UPDATED TO W COMPLIANT Vp CITY OF 5E5A5TOW REGMT5 FLOOD ZONE: FLOOD ZONE x MAP Jr. 12061 CD 104 H FLFCTRICAL: E)U5Mr OVMHEAD 20CA 9ERAC€ LAND5CAPE: LAND5VUT RFOUIMAl W5 PER CITY OF 5EWITAN ME 81SFT 2.01 LIGHTING: PROP05EP OUSK-TO-0AI AI UGHTS ON 9UNLx465 NOT EJ: ANY 917E MODIFICATIONS SHAD. 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I. sAlea NKcn n 3esFc rxores-�nleu xxrxml r xIF� SCALE: A5 MMEO RM111045 11.20.10 I ILI71 wa 01.07.!9 final dwa5 I f ARCH ITECTUlzAIJ 5TRUCTURAL PLANS MEET 3,C) df 82 FAIPADE SIGNAGE AND LANDSCAPING GRANT • Acceptable documentation is defined as PAID invoices/statements and/or schedule of values from vendors clearly detailing the work done, accompanied by copies of the cancelled check(s) or paid receipts showing payment accompanied by a vendor invoice. 7) If the project is not completed, is not approved in its final inspection, or does not receive its certificate of completion (if applicable) within one year of award, the grant award shall expire. The applicant may request a 6 month extension. Extensions shall only be granted by the CRA Board. SECTION 6: FSL GRANT RANKING CRITERIA The following selection criteria may be used to review and rate applications for the FSL Grant. Criteria are derived from the goals and objectives of the City's adopted Redevelopment flan as well as the City's adopted Comprehensive Plan, A. Streetscape Aesthetics and Functionality and Quality of Design Degree to which the proposed project enhances the streetscape of Sebastian CRA district, including the addition or enhancement of display windows, awnings, landscaping, handicapped accessibility and architectural amenities such as arcades, balconies and porches. Higher consideration will be awarded for achieving the goals of the Riverfront Overlay District and for remedying non - conformities. B. Conformity to City Regulations and Overlay District Goals Degree to which the proposed project promotes the unique character of Sebastian and promotes the overlay goals through the implementation of the Land Development Regulations and the use of urban design principles, site design, architecture, materials, color, landscaping, and other visual physical amenities. C. Removal of Slum and Blight and Positive Impact to Neighborhood Degree to which the proposed project upgrades or eliminates substandard structures, code violations and/or eliminates non -conforming uses, as well as achieving the goals of the CRA district. D, Historic Preservation and Materials Degree to which the proposed project promotes the historic character of Sebastian through historic preservation, adaptive re -use of historic structures, site design, architecture, materials, landscaping, and other visual and physical amenities. Disclaimer: The City of Sebastian, nor its affiliates, shall be responsible for the planning, design, or construction of improvements to property that is owned by the applicant. No warranties or guarantees are expressed or implied by the description of, application for or participation In the Fagade, Signage and Landscaping Grant. The applicant is advised to consult with licensed architects, engineers, or building contractors before proceeding with final plans or construction. Approved by CRA 6192106, rev. 06120107, 09123109, 03112114, 12110194, 4126177, 9113117 and rev 9/24198 Page 4 35 of 82 an or SEBAST" COMMUNITY REDEVELOPMENT AGENCY TRANSMITTAL HOME OF PELICAN ISLAND COUNCIL MEETING DATE: February 27, 2019 AGENDA ITEM TITLE: 2018 Annual Sebastian CRA Report RECOMMENDATION: Move to forward the 2018 Annual Sebastian CRA Report to City Council for acceptance BACKGROUND: Florida Statutes require the Community Redevelopment Agency to file a report of activities to the primary government by March 31 of each year and publish in the newspaper a notice of availability of the report. The annual Sebastian Community Redevelopment Agency report of activities for the fiscal year ending September 30, 2018 was jointly prepared by the Community Development Director and Administrative Services Director. Following acceptance by the City Council, the City Clerk will publish in the newspaper a notice of the Report's availability for public review. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: About $250 for Newspaper Advertisement Amount Budgeted in Current FY: $2000 for All Advertisements Amount of Appropriation Required: None Fund to Be Utilized for Appropriation: Community Redevelopment Fund Administrative Services Department Review: ATTACHMENTS: Annual Sebastian CRA Report City Manager Au Date: / r 36 of 82 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Under Chapter 163.356(3)(C) CM OF SEE3,N$T�I HOME OF PELICAN ISLAND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2018 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 37 of 82 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT TABLE OF CONTENTS Letter of Transmittal List of Principal Officials History Exhibit I - Sebastian CRA Boundary Accomplishments M 3 FY 2018 Sebastian CRA Activities 3 Table I — Septic to Sewer Grant program Table II — Fagade, Sign and Landscape Grant program Tax Increment Revenues 5 Exhibit II — Operating Millage Rates in Redevelopment Area 6 Exhibit III — Taxable Value in Redevelopment Area 7 Exhibit IV — Tax Increment Revenue 8 Financial Statements 9 Balance Sheet 10 Statement of Revenues, Expenditures, and Changes in Fund Balances 11 Budget and Actual 12 • :. LU LIF SEBAST" HOME OF PELICAN ISLAND February 27, 2019 Sebastian Community Redevelopment Agency Board Chairman and Members City of Sebastian, Florida Dear Board Members: We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for the fiscal year ended September 30, 2018. Section 163.356(8)(C), Florida Statutes, requires each CRA to file with its governing body, on or before March 31 each year, a report of its activities for the proceeding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement, the report provides additional information concerning the benefits afforded by the agency to other jurisdictions and citizenry in general. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the Sebastian CRA's operation and financial activity have been included. Respectfully submitted, Liza Leger Frazier, AICP Community Development Director/CRA Manager City of Sebastian Kenneth W. Killgore Administrative Services Director City of Sebastian 39 of 82 LIST OF PRINCIPAL OFFICIALS Chairman Board Member Board Member Board Member Board Member September 30, 2018 in Jim Hill Linda Kinchen Bob McPartlan Ed Dodd Albert Iovino 40 of 82 History of the Sebastian Communitv Redevelopment A2encv (Sebastian CRA) The Sebastian Community Redevelopment Agency {Sebastian CRA} was created in 1995 by the City of Sebastian City Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally bounded on the west by the FEC Railroad right-of-way, north by the City limits, on the east by the Indian River Lagoon, and south by the City limits east of the FEC Railroad right-of-way. The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of-way, which includes industrial and commercial land use. The total Sebastian CRA area is 299 acres excluding road rights-of-way (Exhibit 1). The governing body of the Sebastian CRA is the Sebastian City Council. The CRA Board is comprised of five (5) members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property, to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions. The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad valorem tax attributed to the increase in the assessed property value over a set `base year" for the redevelopment area. The government jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian River County Board of County Commissioners. After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, establishing a new base year for this area of the CRA. The redevelopment plan was also modified on behalf of the Sebastian CRA in 2003, unifying the 1995 Sebastian CRA boundary and the expansion area as one cohesive CRA. The Master Plan was again updated in 2010, presenting conceptual district recommendations, potential policy amendments, and capital improvements intended to meet the City's redevelopment goals. 41 of 82 EXHIBIT 1— SEBASTIAN CRA BOUNDARY MAP Legend City of Sebastian CRA SEBASTI p coin y-� -. 42 of 82 Accomplishments of the Sebastian Communitv Redevelopment Aeenev (Sebastian CRA) Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished. Accomplishments are as follows: ❑ Provided annual funding support to festivities such as Riverfront Holiday decorations, Clam Bake festival, Fine Art Festival, concerts in the park, and the Pelican Island celebration since the year 2000. ❑ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001. u Developed community redevelopment master plan in 2003. ❑ Completed Jackson Street extension, sidewalk, and street light project in 2004. ❑ Completed improvements to the Yacht Club. ❑ Completed construction on the Indian River Drive/Main Street intersection project. ❑ Established a Facade, Sign and Landscaping matching grant program. ❑ Received contribution from the Clambake Foundation and provided the balance of funding for the Flag Pole project, which enhanced the view at the western entrance to the CRA area. ❑ Contributed $20,000 to a film production about the story of Pelican Island. ❑ Constructed information boards at Riverview Park and at the Main Street Boat Ramp Park. ❑ Updated the CRA Master Plan in 2010. ❑ Completed construction on the Yacht Club finger pier project. a Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working Waterfront Properties. ❑ Executed lease with Crab E. Bills for a commercial retail fish market and a retail commercial limited food service "Eatery". ❑ Established a Sewer Connection Grant Program to encourage septic to sewer conversions and reduce pollution into the Indian River Lagoon. ❑ Completed roadway improvements to the Presidential Streets. u Completed repairs to the CavCorp boat parking property. FY 2018 Sebastian CRA Activities The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). Major activities and accomplishments of the Sebastian CRA in 2018 included: ❑ Provided continued financial support for many events within the Riverfront District that attract many participants, providing revenue to our local businesses including: Clam Bake, Shrimpfest, Concerts in the Park Series, and Fine Art Festival. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Continued funding grant programs that support public private projects including: the Septic to Sewer assistance program (TABLE I) and the Fagade, Sign and Landscape grant program (TABLE II). ❑ Funded necessary repairs to the Working Waterfront properties including: historic building repairs and dock maintenance. ❑ Initiated work on the CRA Master Plan update. 43 of 82 ❑ Initiated work on the Landscape and Signage for the Working Waterfront and Riverfront District. ❑ Completed mapping of the Riverview Park that included: trees, sidewalks, parking, and event areas. Total funding in program 2016-2018 Less funds disbursed Less funds awarded, but not yet disbursed Available Funds Remaining $330,000 $149,494.00 $87,236.5 $93,269.50 TABLE II Facade, Sign, & Landscape Grant Account Summary FY 2017/2018 LRA Buc get ticnakki la 2017/18 j, Pareidolia Brewing Co. 712 Cleveland St. 2. Adam Pruess Appraisal 936 U.S. Svcs., Inc. Highway 1 3, 920 US 1, LLC 920 U.S. I Highway 1 $40,000 7 FUNDS TABLE I AWARDED CRA Septic to Sewer Grant Activity $15,000 October 1, 2017 — September 30, 2018 OWNER PROJECT PROJECT ADDRESS DATE 17 -SSP -9 1016 Indian River 11/22/17 Marie Terranova Dr. 17 -SSP -10 Marine Bank & Trust 1020 U.S. Highway 12/13/2017 Company 1 18 -SSP -1 936 U.S. Highway 1/24/2018 936 Building LLC 1 18 -SSP -2 Sebastian Oaks 1327 N. Central 1/24/2018 Ave. 18 -SSP -3 821 U.S. Highway 9/26/2018 Paul Kelley 1 18 -SSP -4 1206 U.S. Highway 9/26/2018 Robert & Ronna Greason 1 Total funding in program 2016-2018 Less funds disbursed Less funds awarded, but not yet disbursed Available Funds Remaining $330,000 $149,494.00 $87,236.5 $93,269.50 TABLE II Facade, Sign, & Landscape Grant Account Summary FY 2017/2018 LRA Buc get ticnakki la 2017/18 j, Pareidolia Brewing Co. 712 Cleveland St. 2. Adam Pruess Appraisal 936 U.S. Svcs., Inc. Highway 1 3, 920 US 1, LLC 920 U.S. I Highway 1 $40,000 7 FUNDS FUNDS AWARDED DISPERSED $15,000 $14,497 $15,000 $15,000 $30,000 $15,000 $42,236.50 12/13/2017 $2,500 03/14/2018 $3,575 8/8/2018 $15,000 Less Mads disbursed $4,676.03 Less funds awarded, but not.yet disbursed $15,000 Available Funds Remaining $20,323.97 4 51,101.03 $3,575 $15,000 $15,000 PENDING PENDING PENDING 51,101.03 $3,575 S15,000 44 of 82 Tax Increment Revenue The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained within the redevelopment area, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General Obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year by the taxing authority, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently make tax increment payments into the Sebastian CRA Trust Fund. 45 of 82 The City's millage decreased from $5.00 per $1,000 in FY 2001 to $3.4000 per $1,000 in FY 2018. The millage for Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.4604 per $1,000 in FY 2018. Rates from 2001 through 2018 are presented in Exhibit III below. Exhibit H Sebastian Community Redevelopement Agency Operating Millage Rates in Redevelopment Area Total Tax Increment Millage Rate 10.0000 9.0000 r3, 8.0000 �- 7.0000 - - - 6.0000 - - - - - 5.0000 - - - - - - - 4.0000 - - - - - - - 0 3.0000 - - - - - - 2.0000 - - - - - - - 1.0000 - - - - - - - Fiscal Year Source: City of Sebastian Administrative Services Department 6 46 of 82 Indian City River of Total Fiscal Year County Sebastian Millage 2001 4.1014 5.0000 9.1014 2002 4.0501 4.5904 8.6405 2003 3.8729 4.5904 8.4633 2004 3.8377 4.5904 8.4281 2005 3.6233 4.5904 8.2137 2006 3.5204 3.9325 7.4529 2007 3.1914 3.0519 6.2433 2008 3.0202 2.9917 6.0119 2009 3.0202 3.3456 6.3658 2010 3.0892 3.3456 6.4348 2011 3.0892 3.3041 6.3933 2012 3.0892 3.3041 6.3933 2013 3.0892 3.7166 6.8058 2014 3.2620 3.7166 6.9786 2015 3.3375 3.8556 7.1931 2016 3.3602 3.8556 7.2158 2017 3.3602 3.8000 7.1602 2018 3.4604 3.4000 6.8604 Total Tax Increment Millage Rate 10.0000 9.0000 r3, 8.0000 �- 7.0000 - - - 6.0000 - - - - - 5.0000 - - - - - - - 4.0000 - - - - - - - 0 3.0000 - - - - - - 2.0000 - - - - - - - 1.0000 - - - - - - - Fiscal Year Source: City of Sebastian Administrative Services Department 6 46 of 82 The initial implementation of the tax increment financing was for the Fiscal Year 2001 and its base year value was set at the taxable value for 1994. When the CRA area was expanded, the base year value for that expanded area was set at the taxable value for 2003. As a result, by Fiscal Year 2005, the total incremental value was $36,862,574. As compared to the Fiscal Year 2018 total incremental value of $56,239,142, the incremental value of the redevelopment area has increased by 52.6% since Fiscal Year 2005. The taxable values in redevelopment area from 2001 through 2018 are presented in Exhibit II below. Exhibit III 6 0 0 Tax Increment Values 100.0 - 90.0 80.0 70.0 i 60.0 50.0 40.0 — 30.0 20.0 — 10.0 — 0.0 zip`L0�p1`LOp `LOp�rNO11`Lp�'1,N'3`LN(b4,N'L`?0'� Fiscal Year Source: City of Sebastian Administrative Services Department 7 47 of 82 Sebastian Community Redevelopement Agency Taxable Value in Redevelopment Area % Change in Taxable Base Year Incremental Incremental Fiscal Year Value Value Value Value 2001 $45,834,920 $34,959,870 $10,875,050 2002 58,263,740 34,959,870 23,303,870 114.29% 2003 58,844,190 34,959,870 23,884,320 2.49% 2004 66,307,980 34,959,870 31,348,110 31.25% 2005 78,424,554 41,561,980 36,862,574 17.59% 2006 89,418,550 41,561,980 47,856,570 29.82% 2007 134,755,060 41,561,980 93,193,080 94.73% 2008 129,700,130 41,561,980 88,138,150 -5.42% 2009 127,735,740 41,561,980 86,173,760 -2.23% 2010 111,909,020 41,561,980 70,347,040 -1837% 2011 90,533,980 41,561,980 48,972,000 -30.39% 2012 83,558,060 41,561,980 41,996,080 -14.24% 2013 82,753,350 41,561,980 41,191,370 -1.92% 2014 82,598,780 41,561,980 41,036,800 -0.38% 2015 84,939,810 41,561,980 43,377,830 5.70% 2016 91,018,390 41,561,980 49,456,410 14.01% 2017 91,875,329 41,561,980 50,313,349 1.73% 2018 97,801,122 41,561,980 56,239,142 11.78% 6 0 0 Tax Increment Values 100.0 - 90.0 80.0 70.0 i 60.0 50.0 40.0 — 30.0 20.0 — 10.0 — 0.0 zip`L0�p1`LOp `LOp�rNO11`Lp�'1,N'3`LN(b4,N'L`?0'� Fiscal Year Source: City of Sebastian Administrative Services Department 7 47 of 82 Based on the millage rates and significant increases in taxable values, the tax increment revenue has risen dramatically. The total tax increment revenue in 200I was $94,029. The tax increment revenue in 2017 has increased to $342,241. However, this is a 38.1% decrease from the highest year of 2007 when the total was $552,741. The tax increment revenues for the redevelopment area for the Fiscal Year 2001 through 2017 are presented in Exhibit IV below. Exhibit IV Sebastian Community Redevelopement Agency Tax Increment Revenue Tax Increment Revenue $600,000 $500,000 $400,000 - I $300,000 - - $200,000 u - - $100,000 � $0 - r - O0OO� O0�6 Ofl� Op$ �p9 ONS 01N ONS ON1' ONN ONy 0N6 ON1 �N$ z ti ti 1 1 z ti ti ti ti ti ti ti z ti 1 ti ti Fiscal Year (1) Revenues include the triangle area added in the redevelopment area in 2003. Source: City of Sebastian Administrative Services Department 8 48 of 82 Indian City River of Fiscal Year County Sebastian Total 2001 $42,373 $51,656 $94,029 2002 89,664 101,625 191,289 2003 87,877 104,157 192,034 2004 114,289 136,705 250,994 2005 126,886 160,753 287,639 2006 160,051 178,786 338,837 2007 282,546 270,195 552,741 2008 252,885 250,499 503,384 2009 25I,236 273,888 525,124 2010 206,450 223,585 430,035 2011 143,720 153,900 297,620 2012 123,248 131,821 255,069 2013 120,886 145,437 266,323 2014 127,169 144,891 272,060 2015 137,535 158,885 296,420 2016 157,874 181,150 339,024 2017 160,610 181,631 342,241 2018 184,879 181,652 366,531 Tax Increment Revenue $600,000 $500,000 $400,000 - I $300,000 - - $200,000 u - - $100,000 � $0 - r - O0OO� O0�6 Ofl� Op$ �p9 ONS 01N ONS ON1' ONN ONy 0N6 ON1 �N$ z ti ti 1 1 z ti ti ti ti ti ti ti z ti 1 ti ti Fiscal Year (1) Revenues include the triangle area added in the redevelopment area in 2003. Source: City of Sebastian Administrative Services Department 8 48 of 82 Financial Statements The Sebastian CRA is considered a blended component unit of the City and therefore it is included in the City's annual financial audit. In order to meet the requirement of Section 163.387(8), Florida Statutes, which requires the CRA to provide for annual audit of the redevelopment trust fund, the Sebastian CRA has been treated as a major fund of the City. The financial statements included herein are unaudited statements of the Sebastian CRA. Audited statements are included in the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2018 and may be obtained in the City Clerk's office 1225 Main Street, Sebastian, Florida or online at httD://www/citvofsebastian.or2. 49 of 82 Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2018 Unaudited ASSETS Cash and cash equivalents Investments Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Total liabilities Fund balances: Restricted Total fund balance $ 324,023 100,173 $ 424,196 $ 270 270 423,926 423,926 Total liabilities and fund balance $ 424,196 a 50 of 82 Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended September 30, 2018 Unaudited REVENUES: (289,495) Taxes: (289,495) Property $ 366,532 Investment earnings 10,615 Other revenue 36,000 Total revenues 413,147 EXPENDITURES: Current: General government 1,990 Economic environment 238,484 Total expenditures 240,474 Excess (deficiency) of revenues over (under) expenditures 172,673 OTHER FINANCING USES: Transfers out (289,495) Total other financing uses (289,495) Net changes in fund balance (116,822) Fund balance - beginning 540,748 Fund balance - ending $ 423,926 51 of 82 Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2018 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: General government Economic environment Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING USES Transfers in Transfers out Total other financing (uses) Net changes in fund balances Fund balances - beginning Fund balances - ending 2,067 2,067 Actual Variance with Budget Amounts Amounts on Final Budget - 347,192 240,474 a Budgetary Positive Original Final Basis (Negative) $ 349,989 $ 349,989 $ 366,532 $ 16,543 1,878 1,878 10,615 8,737 36,000 36,000 36,000 - 387,867 387,867 413,147 25,280 2,067 2,067 1,990 315,125 345,125 238,484 317,192 347,192 240,474 9,442 40,675 172,673 (77) (106,641) (106,718) 131,998 - (439,234) (289,495) 149,739 - (439,234) (289,495) 149,739 9,442 (398,559) (116,822) 281,737 467,495 467,495 540,748 73,253 $ 476,937 $ 68,936 $ 423,926 $ 354,990 11 52 of 82 CIIYOF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 13, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present: City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Administrative Services Director Cindy Watson Public Facilities Director/Airport Director Scott Baker Community Development Manager Dorri Bosworth Leisure Services Director Brian Benton Police Lieutenant Constantine Savvidis 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Brief Announcements 2/15/19 - Sebastian Police Dept. Movie Night Out (Smallfoot) - Riverview Park - 6:30 pm 2/16/19 — Four Chaplains Commemoration — Veterans Memorial Park — 3 pm 2/16/19 — Sebastian River Art Club Show — Riverview Park — 10 am to 4 pm 2/18/19 — President's Day - City Hall Closed 2/22/19 — Chamber Concert in the Park — Johnny & The Blaze — 5:30 to 8 pm Vice Mayor Kinchen announced the upcoming events. 7. CONSENT AGENDA A. Approval of Minutes - January 23, 2019 Regular Meeting 19.016 B. Prior Authorization for Council Travel to Florida League of Cities Advanced IEMO April 12-13, 2019, Tampa (Transmittal, Information) 53 of 82 Regular City Council Meeting February 13, 2019 Page Two 19.017 C. Approve Board and Committee Members Social Media Policy (Transmittal, Employee Policy, Board Member Policy) 19.025 D. Approve the 2019 Pelican Island Wildlife Festival in Riverview Park on March 9, 2019 from 10 a.m. to 4:00 p.m (Transmittal, Letter) 19.019 E. Approve 2019/2020 Show Dates for Craft Club of Sebastian, Inc. at Riverview Park (Transmittal, Letter, Application, List, Certificate) 19.020 F. Approve Alcoholic Beverages at Yacht Club for Gunkel Event on March 30, 2019 from 1:00 pm to 5:00 pm - DOB Verified (Transmittal, Application, Receipt) 19.021 G. Approve Alcoholic Beverages at Yacht Club for Cox Event on April 7, 2019 from 12:00 pm to 4:00 pm - DOB Verified (Transmittal, Application, Receipt) MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A -G. ROLL CALL: Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Motion carried. 5-0 8. COMMITTEE REPORTS & APPOINTMENTS 19.018 A. Natural Resources Board (Transmittal, Application, R-12-26, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Regular Member Position Natural Resources Board — Term to Expire July 2019 Mayor Hill and Council Member Dodd nominated Robert Howland to the regular member position with an additional term to the remaining five months (term to expire July 2022). 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT Bob Stephen, Concha Drive, reminded the Council Members that the Florida Fish and Wildlife Commission has suspended the use of herbicides to control aquatic weeds. He asked when the City will consider alternative methods to control weeds in the waterways. 12. NEW BUSINESS 19.022 A. First Readina Ordinance No. 0-19-01 Proposed Land Development Code Amendment with Reaards to Adult Personal Service Businesses — Set Public Hearina March 13, 2019 (Transmittal, 0-19-01, Minutes, Matrix, Conditional Use Info, Definitions) 54 of 83 Regular City Council Meeting February 13, 2019 Page Three AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS; AMENDING SECTION 54-5-22.3( c) REGARDING ADULT PERSONAL SERVICE BUSINESSES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-19-01. The City Manager explained at a previous meeting there was a potential business owner who found it impossible to locate a tattoo parlor within the City limits because of the zoning category it was placed in. After a review of the code, staff recommends amending the definitions within the ordinance. Mayor Hill said this was a great example of how someone could bring an old law to them that isn't working anymore; and he appreciated how staff changed the definition. MOTION by Vice Mayor Kinchen and SECOND by Council Member Dodd to approve Ordinance No. 0-19-01 on first reading. ROLL CALL: Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Motion carried. 5-0 19.023 B. First Readina Ordinance No. 0-19-03 Citv of Sebastian Code Amendment with Reaards to Emplovee Travel — Set Public Hearina March 13, 2019 (Transmittal, 0-19-03, F.S.112.061) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CODE OF ORDINANCES CHAPTER 2, SECTION 2-75(a) AND SECTION 2-74(b) REGARDING MEAL ALLOWANCE AND PER DIEM; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-19-03. The City Manager said some time ago, the travel policy was adopted by code which would require code modifications when state or federal reimbursement rates change. He asked Council to consider allowing travel changes be updated administratively to be consistent with state and federal law. MOTION by Council Member McPartlan and SECOND by Vice Mayor Kinchen to approve Ordinance No. 0-10-03 on first reading. ROLL CALL: Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Motion carried. 5-0 19.024 C. Approve Contract with Nidv Sports Construction Companv for Pickleball Complex Construction in the Amount of $252,450.16 throuah the National Cooperative Purchasing Alliance and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal, Quote, Price Breakdown) 55 of d Regular City Council Meeting February 13, 2019 Page Four The City Manager said this contract approval would place the site grading, parking lot and concrete slab work into Nidy's que while the City obtains the required permits to begin construction of the courts. MOTION by Council Member McPartlan and SECOND by Council Member lovino to approve the construction contract with Nidy Sports Construction Company to begin construction of the pickleball courts. ROLL CALL: Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS The City Attorney reported the City Manager had received Indian River County's dispute resolution to begin the Chapter 164 process. He stated the County Administrator is scheduled to meet with the City Manager on March 26. If they cannot reach an agreement, there will be a joint session between the County Commission and City Council. He noted an executive session cannot be held until a lawsuit is filed, which cannot happen until the Chapter 164 process is complete; he would continue to communicate one-on-one with Council Members. In the meantime, he cautioned Council from making gratuitous public statements and hoped there will be some resolution. 14. CITY MANAGER MATTERS The City Manager reminded everyone to remember their significant other on Valentine's Day tomorrow. He reported that earlier in the day, he attended the tax watch meeting where he went over the pickleball courts, airport happenings and Septic to Sewer Program. He is also continuing his lobbying efforts with Senator Mayfield and Representative Grall. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor Hill noted the County has been clearing the preserve area across the street from the Post Office which is providing a stunning view of the lake. He asked if the City could enter into some kind of an agreement to clear the property to the lake to invite more people to use the conservation area. The City Manager offered to meet with Indian River County's Conservation Land Manager, Beth Powell to see if that is possible. Mayor noted there was a gentleman in the audience indicating he would like to speak and asked him to meet with after the meeting. 56 of 8� Regular City Council Meeting February 13, 2019 Page Five B. Vice Mayor Kinchen - None C. Council Member Dodd - None D. Council Member lovino - None E. Council Member McPartlan - None 17. Being no further business, Mayor Hill adjourned the Regular City Council Meeting at 6:18 p.m. Approved at the February 27, 2019 Regular City Council Meeting Mayor Jim Hill ATTEST. Jeanette Williams, MMC — City Clerk 57 of d MOF SET'!�N CITY COUNCIL AGENDA TRANSMITTAL HOME OF PELICAN ISLAND COUNCIL MEETING DATE: February 27, 2019 AGENDA ITEM TITLE: Acceptance of the Annual Sebastian CRA Report RECOMMENDATION: Move to accept the 2018 Annual Sebastian CRA Report BACKGROUND: Florida Statutes require the Community Redevelopment Agency to file a report of activities to the primary government by March 31 of each year and publish in the newspaper a notice of availability of the report. The annual Sebastian Community Redevelopment Agency report of activities for the fiscal year ending September 30, 2018 was jointly prepared by the Community Development Director and Administrative Services Director. Following acceptance by the City Council, the City Clerk will publish in the newspaper a notice of the Report's availability for public review. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: About $250 for Newspaper Advertisement Amount Budgeted in Current FY: $2000 for All Advertisements Amount of Appropriation Required: None Fund to Be Utilized for Appropriation: Community Redevelopment Fund Administrative Services Department Review: ATTACHMENTS: City Managers ut orization Date: ' °�' r, Annual Sebastian CRA Report Pages 37-52 Lin C( SEAT -N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 27, 2019 Aqenda Item Title: Resolution No. R-19-06 — Revised City of Sebastian Broadcast Policy Recommendation: Approve Resolution No. R-19-06 - Revised City of Sebastian Public Broadcast Policy Backqround: A revised policy is needed in order to address changes in information and technology, and to allow the City staff to make administrative decisions regarding content and programing. Attachments; R-19-06 City Manager Authorization: �� Date: 59 of 82 RESOLUTION NO. R-19-06 A RESOLUTION OF THE. CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A REVISED "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY", PROVIDING FOR LIVE BROADCASTS OF CITY BOARD AND COMMITTEE MEETINGS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council, in 2005 by adoption of Resolution No. R-05-09, approved a "City of Sebastian Public Broadcast Policy!' governing use of the audio-visual equipment, Government access channel (COS -TV), and the City website; WHEREAS, a revised policy is needed in order to address changes in information and technology, and to allow the City staff to make administrative decisions regarding content and programming. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, Florida as follows: SECTION 1. ADOPTION OF NEWLY REVISED "CITY OF SEBASTIAN PUBLIC BROADCAST POLICY". The City Council hereby adopts a new "City of Sebastian Public Broadcast Policy" dated February 13, 2019 attached hereto as Exhibit "A". SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-16-04. SECTION 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 4. 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 Jim HIII Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this 27th day of February, 2019. CITY OF SEBASTIAN, FLORIDA By: Jim Hill, Mayor ATTEST: Jeanette Williams, MMC - City Cleric Approved as to Form and Content for Reliance by the City of Sebastian Only: James Stokes, City Attorney 61 of 8� o1v�� EBASUNN HOME OF PELICAN ISLAND City of Sebastian Public Broadcast Policy City of Sebastian Television (COSty) Government Access Channels City Websites AudioNisual System Equipment Usage CITY OF SEBASTIAN TELEVISION (COSM GOVERNMENT ACCESS CHANNELS MISSION COSty is a government access cable television facility owned and operated by the City of Sebastian. COSty programming is broadcast over the Comcast cable system operating within the City limits of Sebastian which provide "government access" channels for the City's use. We also strive to make its programming available for other citizens to view that may not have access to the Comcast cable system via on-line streaming. The mission of COSty is to provide an informative, appealing, and mutually beneficial link between the City and its residents. The goal of the channel is to connect the people to their local government more directly, expand access to government information, and provide an additional medium for the City to respond to the needs and concerns of its residents. From gavel to gavel coverage of City Council and most City Board and Committee meetings to special events programming and staff information updates, COSty is a medium used by the City to focus on issues affecting the residents of Sebastian. It is the City's goal to utilize COSty as a medium to provide information about City government and activities, to help residents make informed decisions about the community in which they live, to encourage residents to participate in the political process, and become active citizens in the City of Sebastian. POLICY The MIS Division manages the all Audio -Visual functions which administers all COSty broadcasts and the City website via the MIS Manager. All requests for programming on the COSty "government access channel" must be submitted to the City Clerk, must be City related and provide useful and timely information to the residents of the City of Sebastian. Programs may include meetings, activities, programs, events or services of City departments or other governmental agencies, or local non-profit organizations which adhere to the regulations outlined herein and are available to and of interest to the general public and are not exclusionary. Requests for COSty programming will be evaluated by the City Manager, the City Clerk, and the MIS Manager and final decisions will be made by the City Manager and City Clerk in consultation with the City Attorney. Denial of local nonprofit organization material can be appealed to City Council. The following is a list of general priorities that will apply to the City's government access channel: • Programming of an emergency nature involving public safety or health • Programming of or about meetings of City Council and other City policy-making and most advisory boards and committees Programming and updates from City departments COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 021131201§2 �w 1 General programming of the City produced on location or in the production studio of COSty • Programming of county, state, federal or other quasi -governmental agencies • Programming provided by local, charitable and community service non-profit organizations that are of interest to the general public and not exclusionary, as approved by the City Manager, the City Clerk and the MIS Manager. PERMITTED PROGRAMMING: Live Programs Live coverage will be provided of all meetings of the Sebastian City Council and most other City Boards and Committees as determined by City Manager and the City Clerk, which take place in the City Council Chambers. All live meeting coverage will be from gavel to gavel. Live coverage stipulations: ■ Live coverage of all City Council meetings will take precedence over all other programming on COSty, except in the case of an emergency. ■ All City Council meetings and workshops will be aired live as scheduled and rebroadcast on a fixed schedule as determined by the MIS Manager. City Council workshops will be broadcast live as determined by City Council in the call of the workshop. ■ Most City Boards and Committees will be aired live as scheduled or as determined by City Staff from time to time and rebroadcast on a fixed schedule as determined by the MIS Manager. Any City Boards and Committees that are not aired live will have an audio recording available for the public upon request. ■ Any City government meetings held in any location other than the City Council Chambers may be recorded on-site and rebroadcast at a later date on a fixed schedule as determined by the City staff. ■ Other governmental agencies may request and be approved for live coverage of their meetings in the Council Chambers if they meet the following conditions: 1) the meetings take place during City Hall open hours of 8:00 am to 4:30 p.m., 2) the production is deemed to be of importance to the Sebastian general public, and 3) a fee determined by the City Manager and City Clerk to be sufficient to cover the cost of production of the broadcast, is paid. ■ Political debates and candidate forums conducted by local charitable and community service non-profit organizations will be shown live when scheduled as approved by the Sebastian City Council. Such organizations, when requesting to host a political debate and/or candidate forum, shall provide the City Council with verifiable information establishing their competence and experience in hosting at least one prior political debate or candidate forum in accordance with the requirements of this paragraph. City shall not air political programming or campaigning by or on behalf of any candidate for public office. Use of the channel by elected officials seeking re-election or candidates seeking election is prohibited except in balanced non-partisan open forum programming formats or regularly scheduled government meetings. Current elected officials seeking re-election may be shown in the performance of their official duties at regularly scheduled meetings or incidental appearances in other programming but may not use the format to further their individual campaigns. COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 02/13/201§3-0& e 2 Delaved Proaramminq o Citv Proqrams Programs by the City, including City meeting rebroadcasts, programs for City departments, issues related to City government or with groups/ committees/ boards that are affiliated with City government, may be rebroadcast on COSty. o Citv Sponsored Special Events City sponsored or hosted special events may be rebroadcast on COSty. o Other Governmental Aaencv Programs Programs produced by municipal, state, federal, and/or quasi -governmental agencies that can be purchased, rented or borrowed are permitted for rebroadcast on COSty, if they are deemed to be of interest to and beneficial to the general public. o Non -Profit Orqanization Proqrams Programs produced by local, charitable and community service non-profit organizations may be rebroadcast upon review and approval by the City Manager and City Clerk. The City may choose to broadcast externally -prepared programs if they meet policy and quality requirements and are not in violation of copyright law. o Emerqencv Proaramminq Emergency programming in conjunction with Indian River County Emergency Management or other state or federal agencies will take precedence over all other programming. Citv of Sebastian Bulletin Board (Slides) Whenever there is no other City meeting being broadcast live or in delayed rebroadcast, or any special programming scheduled for COSty, a City bulletin board to be known as "COSty Information Slides" will be broadcast. All requests for posting on "COSty Information Slides" by the public must go thru the City Manager and the City Clerk's office. Once the content has been approved, the information request shall be submitted to the MIS Division, via a workorder, with beginning and ending dates, will be scheduled to run on a random basis within the COSty schedule and then be automatically eliminated at the specified end date. Information submitted for programming should be brief and to the point and use fonts of at least 24 or higher. Permitted Postinqs • City meeting agendas and notices ■ City Job listings • City contact information ■ Law Enforcement information ■ City sponsored activities/programs/special events/recreation • City board vacancies • Election Information ■ Notices of other governmental agencies, i.e., county, school, library ■ Emergency information (which takes precedence over all programming) COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 02/13/201 4R -e 3 Athletic, recreation and special activities available in the non-profit community for the general public at the discretion of the City Manager and City Clerk Prohibitions for All Proaramminq on COSty (Live, Delaved and Bulletin Board) • Commercial programs and messages ■ Programming that does not include copyright clearances • Endorsements of political issues or proposed ballot items (general election information, precincts and ballot information provided by elections officials is permitted) • Information concerning any lottery, gift enterprise, or similar promotion • Direct solicitation of funds • Material that would violate any federal, state, county or city statute or law ■ Material that promotes a particular religious belief or philosophy ■ Obscene, indecent or defamatory material as defined by City ordinance or community standards • Programming that discriminates or fosters discrimination on the basis of race, color, religion, national origin, family status, age, disability, sexual orientation, veteran status, or any other status or condition protected by applicable state or federal laws • Any material inappropriate to the mandate, mission, goals, and priorities of the City of Sebastian it The City reserves the right to reject and/or edit programs submitted for broadcast and/or to display disclaimers Proqram Editing Policy • Live coverage of City meetings and delayed programming of other governmental meetings shall not be edited or subjected to editorial comment. Meeting coverage will be from gavel to gavel in accordance with Florida public records law. ■ The City reserves the right to reject and/or edit recorded special events programs, including both those recorded by the City and those provided to the City by outside sources, for time and content. Liability The City will not be responsible for the accuracy of any information broadcast over its government -access channel for programming provided by outside sources. PROCEDURES Manaqement of City of Sebastian Government Access COSty COSty will be administered by the MIS Division under the direction of the Office of the Admin Services Department, and in coordination and cooperation with the City Manager's Office, and consultation with the City Attorney. Requests for Proaramminq Requests for broadcast of programming from outside sources on COSty must be submitted to the City Clerk's Office at least 30 days prior to the anticipated start. COSty is not a public access channel and submittal of a request does not in any way guarantee approval of the request. City departments and divisions requesting programming must be willing to assist in the production. COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 02/13/201§5-4OA?e 4 Individuals requesting programming must obtain all on-site approvals and off-site legal permits and permissions in writing for taping from property owners, business owners, performers, event coordinators, etc. prior to submitting request forms. The preferred method of delivery for programming is DVD. Other methods of delivery may be available but are not always guaranteed to be available. If a DVD is not available, Videos need to be in AVI, MPEG, MP4 or other formatting that a windows machine can open without additional software. Programming must be 720p (1280x720) or better. If outside programming must be converted to a format that will operate on the COSty system, there may be a facilities' charge for such conversion. Determination of such charge will be made at the time the material is submitted. The City of Sebastian reserves the right to refuse items if these requirements are not met as well. If possible, recordings shall have at least thirty (30) seconds of color bars and tone at the head of the program and at least five (5) seconds of black at the breaks and end of the program. All material submitted for broadcast from an outside source producer will be previewed by MIS Division for the following technical criteria: (a) Technical quality — Video and audio quality must be at acceptable levels as determined by staff. (b) Relevance of Subject Matter Content— subject matter must be of interest to the general audience and serve a governmental purpose and must not be exclusionary or discriminatory. (c) Relevance and Appeal— program must be relevant to the needs and interests of Sebastian residents and its visitors. (d) Absence of Defamatory Material— subject matter that slanders or libels individuals or organizations will NOT be broadcast. Requests for copies of meetings/programs aired on COSty will be charged in accordance with the current fee set out in the City's Records Management Policy for DVDs. The copy shall include the entire program. City staff will not custom -edit portions of any program. If DVDs are mailed, postage and handling will be charged prior to mailing. Retention of Broadcasts Content of meetings/programs produced or created by any other entity remain property of that entity, but the copied medium will be kept on file with the City for at least two years in accordance with Florida records law. Content of meetings/programs produced or created by the City remain property of the City for at least two years in accordance with Florida records law, and may be retained indefinitely by the City for historical purposes. Broadcast Schedules The MIS Division in coordination with the City Manager shall approve a complete broadcast schedule 24 hours per day, seven days per week. This schedule, with updates made on a regular basis, shall be placed on the City website and may be transmitted to each cable system that carries COSty programming for publication on their program guide channel. All material that is submitted for airing on COSty shall include start and end dates. Material will be scheduled to run at the times specified with the COSty schedule and will be automatically eliminated from the schedule at the specified time end date. COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 021131201§96LOCAU20 5 CITY OF SEBASTIAN WEBSITE MISSION The City website www.citvofsebastian.orq and its subsidiary websites (see below) are provided to communicate up-to-date information to the residents of the City of Sebastian on City Council, City Boards/Committees, City departments, agenda packets and minutes, legal notices, meeting calendar, employment, licensing and permitting, City codes, bids, public records, elections, municipal services such as the police department, municipal cemetery, golf course, airport, parks, public works, and economic development. The City website provides public access to most permanent and long term City public records via Laserfiche Weblink. Websites include (but are not limited to): • sebastianbusiness.com • Sebastian retirement.com • Sebastianpd.org • Cityofsebastian.org • Sebastianairport.org • Sebastiangolfcourse.org • Parks. cityofsebastian.org • Commctr.cityofsebastian.org • Stormwater.cityofsebastian.org • Cra.cityofsebastian.org • Weblink.cityofsebastian.org • and any other websites established by the City. POLICY The City of Sebastian website is limited to: • Information about departments, programs and services of the City government • Information or links for other governmental units; or • Information or links for City -sponsored events or tenants/partners in City enterprises • Access to all City records that have been digitally imaged • Links to the Municipal Golf Course, Municipal Airport, Economic Development, CRA and Retirement websites At its discretion the City may provide links to external websites of educational and other governmental agencies and organizations, organizations that provide government related information and/or services not available on an official government website such as Code of Ordinances, elections information, etc., information of relevance to the general public relative to recreation programs offered, and services that support the strategic and operational goals of the City. The City reserves the right to determine how and where external links will appear on its web site. The City Manager, the City Clerk, and the MIS Manager will make the final determination on requests for placement of information on the website. COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 02/13/201 7 Odye 6 The City Websites will not provide links to sites that promote or exhibit bias, discrimination, pornography, libelous or otherwise defamatory content. The information posted on the City Websites includes links to information created and maintained by other public and/or private organizations. The City provides these links solely for the information and convenience of users of the City Website. When users select a link to an outside website, they are leaving the City of Sebastian Website and are subject to the privacy and security policies of the owners/sponsors of the external website. PROCEDURE All City websites are managed by the MIS Division. Each department of the City is responsible for providing the MIS Division with up-to-date information. Departments are responsible for posting and removing the information by written work order. Information for posting must be received by MIS at least four (4) business days prior to desired posting, with some exceptions for time constraints such as agendas, meeting notices and emergency notices. Messages should be brief and to the point and special elements (photos, logos, artwork) must be provided at time of submission and are subject to editing. AUDIO VISUAL SYSTEM MISSION It is the intent of the City of Sebastian to provide state-of-the-art technology for the purpose of disseminating up-to-date information to the residents of the City of Sebastian as quickly and efficiently as is possible, and to provide user-friendly technology for meetings of boards, committees and staff of the City. POLICY AND PROCEDURE The AV Division, under the direction of the Office of the MIS division, will administer use of the City's Audio/Visual studio, located in the City Council Chambers and AV offices to provide the following: • Live broadcasts of City government meetings on COSty • Audio/visual training for City staff to conduct programs not broadcast live • Ability to provide other live programming and recorded in-house training programs • 24 hour bulletin board "COSty Information Slides" for notices and information • Rebroadcasts of meetings, special events and other programming as set out in the COSty Section of this policy • City Website to provide up-to-date information to the residents of Sebastian In addition to fixed equipment within the A/V studio, additional equipment is available for use by City staff or meeting attendees/presenters: • Laptop • Document Camera • TVs and DVD recorders/players • Portable TV Camera with recorder and associated portable/wireless audio • Complete video -audio editing system • Audio record facilities including a sound booth and editing COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 02/13/201 (:0Re 7 Use of Equipment and Facilities Use of City -owned equipment and facilities is restricted to authorized City activities and may be operated only by authorized personnel. Requests to utilize City equipment, set out above, for presentations at meetings and other programs must be received by MIS Division at least two days prior to the requested date of the presentation to allow time for viewing of the material to ensure that it meets the criteria set out in this policy. Presenters are asked to utilize City equipment and to ensure that their presentation media is compatible with our equipment by making sure that the presentation is received as soon as it can be done, or at least a minimum of 24 hours in advance. If there is any question as to content of the program, a final decision will be made by the City Clerk and City Manager. Loaning of equipment for personal or outside use is strictly prohibited The MIS Division will maintain a comprehensive list of all audio/visual equipment currently owned and operated by the City for uses set out in this manual. A user manual shall be provided, and training sessions completed before use of the equipment by any City employee for purposes of conducting meetings, trainings, etc. COS Public Broadcast Policy — COSty — City Website — Audio Visual System — 02/13120'- *§qe 8 OrM SEBASTIAN HOME OF PELICANISIAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 27, 2019 Aqenda Item Title: Resolution No. R-19-03; Sebastian Stormwater Utility Fee Credits Policy Recommendation: Adopt Resolution R-19-03 and approve changes to the Sebastian Stormwater Utility Fee. Backqround: At the July 11, 2018 City Council meeting, a workshop was held with the City Council to discuss application of the Stormwater Ordinance and the implication of the Stormwater Utility Fee increase on the City's Stormwater program. At that time the City Council requested that Staff make applicable changes to the existing program in order for it to be applied consistently and equitably to the community at -large. Staff has met multiple times over the course of six months in order to provide a program and Policy which may meet these goals. On January 23, 2019 the program changes were submitted to Council for their consideration. Attached please find the Resolution and Stormwater Utility Fee Credit Policy for consideration and adoption. Attachments: 1. Resolution No. R-19-03 2. Sebastian Stormwater Utility Fee Credits Policy City ager /horization: r Date: 2 4, // 9 70 of 82 RESOLUTION NO. R-19-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR METHODOLOGY, APPLICATION, DETERMINATION AND DEADLINE FOR REQUESTING STORMWATER FEE CREDITS PURSUANT TO SECTION 102-124 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is intention of the City of Sebastian to provide, properly maintain, pay indebtedness and program capital improvements for the Stormwater Utility System which ultimately ensures for the drainage and treatment of stormwater runoff in the City of Sebastian; thereby, securing public health and safety. WHEREAS, revenue is collected annually to maintain service levels, replace equipment and meet cash reserve requirements in the City of Sebastian Stormwater Utility Fund. WHEREAS, a Stormwater Utility Fee Credit Policy was established October 1, 2001 and the City would like to recognize the latest methods employed by property owners who manage stormwater without the imposition to the City's Utility. WHEREAS, upon passage of this Resolution, the City Manager is authorized to take the necessary administrative measures required to ensure that the stormwater utility fee is properly assessed and collected. NOW, THEREFORE, be it resolved by the City Council of the City of Sebastian, Indian River County, Florida, that: SECTION 1: STORMWATER UTILITY FEE CREDIT POLICY. Pursuant to Section 102-124( c) the City Manager is authorized to determine credits based upon the equitable pro -rata decrease in total services required of the utility. (Exhibit I Attached) SECTION 2. PROVIDING FOR CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are repealed. 1 71 of 82 SECTION 3. PROVIDING FOR SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution 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 Resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. 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 Tim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert Iovino Council Member Bob McPartlan The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2019. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Jinn Hill, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: James Stokes, City Attorney 2 72 of 82 EXHIBIT 1 SEBASTIAN STORMWATER UTILITY FEE CREDITS POLICY I. POLICY In accordance with City of Sebastian (City) Ordinance No. 0-02-19 and Resolution No. R-03-19, property located within the City from which stormwater runoff is discharged, either directly or indirectly, to the stormwater system or to water bodies within or surrounding the City, may be eligible for a reduction in the stormwater fee from the Sebastian Stormwater Utility (Utility). Single -Family Residential lots are not eligible for this credit. All properties within City, whether or not they discharge stormwater directly into the Utility system, will pay a proportionate share of the Utility expenses incurred in providing generalized benefits to the system. These expenses include engineering, planning, management of storm wateruponthepublicrights -of-way, and administrative costs. Additionally, capital improvement projects that improve water quality in the waterbodies of the drainage basin are included in such generalized benefits. The City shall reasonably determine said "fee credit" based upon the equitable pro -rata decrease in the total services required of the utility in providing the systemic benefits of stormwater management to the property. The fee credit will be based upon the savings to the utility resulting from the property's stormwater facilities or unique features. The owner of the property for which the fee credit is sought shall be responsible for requesting the fee credit and for supplying sufficient information as may be required- by the City to evaluate the merits of the fee credit request. Documentation shall be in accordance with the requirements established herein and contained in t h e Stormwater Management Utility Fee Credit Application. II. PROCEDURES Applications for storm water utility fee credits can be obtained and should be submitted to the Communitv Development Department. Citv Hall, 1225 Main Street, Sebastian. Florida OR visit www.citvofsebastian.org. After the application form and related materials have been submitted, the application will be reviewed and processed by a City agent for conformance to acceptable stormwater management practices and site plan approvals. A City agent will review the application and perform a site inspection within 30 working days, unless extensive modifications to the application or extenuating circumstances require additional time. I f t h e application is approved, the conditions of approval will be noted upon the application. If the application is rejected, or modified, reasons for rejection or modification will be noted on the application. Initial credit request applications and renewal requests must be filed by June 1st of each year in order to avoid having the full stormwater fee appearing on the customer's property tax bill. Credit requests must be applied for in writing by the property owner using the Stormwater Management Utility Fee Credit Application and submitted to the Community Development Department, The amount of reduction will be determined by the Stormwater Utility Director or designee on a case-by-case basis in accordance with the following approved Basis for Fee Credits. By accepting a fee credit, the property owner agrees to comply with the conditions of issuance and authorizes the City to enter upon the property, without additional notification, to verify compliance with the conditions of issue of the fee credit. Failure to comply with any of the conditions of issuance of the fee credit will result in the rescission of the fee credit, until the violation(s) are corrected to the City's satisfaction. 73 of 82 To receive the credit, first-time applicants must supply to the City the following: 1) Site plan and as -built construction drawings (as certified by a licensed surveyor, architect, or engineer) at .an appropriate scale, showing the grading and drainage plan for the property which typically includes: boundary survey, topographic and soil surveys; overland flow paths, all stormwater facilities, discharge structure, and area of impervious surface. 2) A current St. Johns River Water Management District stormwater management permit and supporting documentation for the development outlining the storm event storage and treatment volume, and maintenance criteria, OR if not applicable, a description of alternative stormwater management design criteria incorporated into the site design to reduce stormwater volume and increase water quality from the development including Low Impact Design (LID) or Best Management Practices (BMP). 3) An authorized signature as part of the application stating that the property owner agrees to maintain the stormwater management system in accordance with the applicable permits and/or site plan improvements. Failure to operate the facility as designed shall be reason for forfeiture of the credit. The City shall inspect and notify the property owner/operator of the facility's deficiencies during the inspection period. The owner/operator will have thirty (30) days to comply or the stormwater fee credit will be rescinded at the Stormwater Utility Directors discretion. III. FEE CREDITS Customers are entitled to a credit when they can demonstrate that their existing or proposed stormwater management facilities provide the Utility with a cost savings that the City otherwise would incur as part of its efforts to manage stormwater. The Utility incurs several costs associated with the management o f stormwater including planning, engineering, capital construction, operation/maintenance, and administrative costs. The Utility incurs planning, engineering, and capital costs related to the construction of stormwater collection and treatment facilities. These facilities include, but are not limited to, the design and construction of swales, curbs, gutters, catch basins, stormwater sewers, regional detention basins, and retention basins. Stormwater construction projects address two aspects of stormwater management; water quantity (facilities that convey stormwater runoff) and water quality (facilities that reduce pollution). The Utility also incurs costs related to the operation and maintenance of stormwater facilities located throughout the City. These costs include, but are not limited to catch basin cleaning; detention/retention basin sediment removal; inspecting, cleaning, and repairing storm sewers; and mowing/maintaining drainage swales and basins. No credits shall be granted for the Utility's stormwater management system -wide prov-ram which includes costs associated with administration and maintenance. Since all residents receive the benefits (protection of property and improved public health and safety) associated with the development and operation of the Utility, all property owners within the City will bear these costs. System -wide program costs are ten percent (10%) of the Total Percent Cost of the program. Credits shall be granted on an annual basis and requests therefore must be made every three (3) years. Customers must provide a maintenance record documenting all maintenance procedures conducted including inspections, mowing, and trash/sediment removal. Failure to operate or maintain the facility shall be reason for forfeiture of the credit. Properties having previously received a credit may submit an abbreviated credit renewal request if conditions at the site have not substantially changed. Table 1 presents the Utility's total projected stormwater ma n a g e m e n t c o s t s o n an annual percentage basis for local and system -wide spending. 74 of 82 Table 1 STORMWATER MANAGEMENT PROJECTED ANNUAL EXPENSE Administration Operation & Maintenance Capital Improvement Percent Total Cost 27 70 Percent System -Wide Guidelines for allowable credits are contained in Table 2. Credit determinations, however, shall be on an individualized basis and riot all applicants will receive the credits listed therein. Only one credit strategy will be allowed per property request. Table 2 STORMWATER FEE MAXIMUM CREDIT GUIDELINE Outfall into Citv Svstenn ➢ No stormwater management system or alternative LID/BMP treatments 0% ➢ Incorporation of LH)/BMP alternatives (5-10% each practice) up to 25% SJRWMD permitted stormwater management system (24 hr/25 yr storm) 30% Permitted systems with treatment/storage greater than 24hr/25yr (may include LIDBMP's) 50% Property greater than 10 acres which contain no impervious surface or are undeveloped with existing stormwater management system 70% Discharge Outside Citv Svstem No stormwater management system or alternative LID/BMP treatments 0% ➢ Incorporation of LIDBMP alternatives (5-10% each practice) up to 30% SJRWMD permitted stormwater management system (24 hr/25 yr storm) 50% Permitted systems with treatment/storage greater than 24hr/25yr (may include LIDBMP's) 70% Property greater than 10 acres which contain no impervious surface or are undeveloped with existing stormwater management system 90% IV. LEGAL EFFECT AND APPEAL Appeals of a determination as to fee credits must be taken pursuant to the provisions of City Code Section 102- 107(a). This fee credit policy, maximum credit guidelines, and the procedural requirements herein may be revised by the City as its discretion at any time. 75 of 82 Stormwater Treatment Alternatives Small incremental treatments have the best potential to work effectively as stormwater quality retrofits on developed parcels without stormwater treatment systems. Utilizing Stormwater Best Management Practices (BMP's) strategies, the City can encourage the new construction and redevelopment of existing properties to work towards a cooperative effort and provide the best opportunity for improvement to the Indian River Lagoon and Sebastian River systems. The following description provides examples of BMP's which may be applicable to utilize as part of the City's Stormwater Utility Fee Credit process. Best Management Practices (BMPs): A term used to describe both "structural" (i.e., devices installed or constructed on a site) or "non-structural" (procedures, such as modified landscaping practices or street sweeping) that treats polluted Stormwater. Generally BMPs focus on water quality problems caused by increased impervious surfaces from land development. The EPA has published a list of stormwater BMPs for use by local governments, builders and property owners. As part of BMP's, Low Impact Development (LID) and Green Infrastructure shall be considered for new construction and for redevelopment of existing sites for Stormwater Utilityfee reductions. Low Impact Development (LID): The approach emphasizes the integration of cost-effective, integrated strategies that mimic and rely on natural processes to reduce the impacts of development by addressing runoff close to the source. LID is more economical than conventional stormwater management systems to install and maintain by controlling stormwater runoff at the lot level. 1) Rain Gardens, Bioretention and/or Bioswales 2) Rooftop Gardens/Walls 3) Vegetated Swales, Buffers, and Strips 4) Tree Preservation/Florida Friendly Landscape S) Redirected Runoff to Vegetated Areas 6) Rain Barrels and Cisterns 7) Permeable Pavers/Pavement 8) Impervious Surface Reduction 9) Treatment Train Parking lot runoff is alloised to infiltrate through a vegetated !:' t' Green Infrastructure: A comprehensive approach to water quality protection roreren ran area diffined by reducing and treating stormwater at its source. A connected system of natural and built infrastructure to restore some of the natural processes required to manage water and create healthier urban environments Reduces the need for expensive gray infrastructure by utilizing patchwork of natural areas as stormwater management systems to soak zip and store water. I) Protect natural areas: Natural areas shall be protected including natural landscape groupings, trees over 24 -inches diameter at breast height (DBH), and small native trees such as scrub oak or wax myrtle. Where established natural vegetation is incorporated into the landscape design, irrigation of those areas shall not be required. 2) Plantings and irrigation: The plant palette and irrigation system shall be appropriate for site conditions. Plants shall be grouped together by irrigation demand. The percentage of landscaped area in irrigated high water use hydrozones should be minimized. Soil improvement should be considered to possibly enhance water use efficiency. 3) Use Runoff from Paved Areas: Stormwater runofffrom paved areas such as parking lots, shall discharge to landscaped areas such as vegetated islands, swales, rain gardens or similar green spaces. Landscape islands may be permitted at the ends of parking aisles and within aisles to provide locations where native vegetation and bioretention can be used to manage stormwater. Additionally, instead of irrigated raised 76 of 82 4) 5) islands, parking lots can incorporate curb cuts to allow stormwater to flow into bio retention areas in depressed islands. Protect existing trees: Trees on public property and rights- of-way shall be protected and additional trees shall be planted outside of the clear -zone to enhance the urban tree canopy. Existing trees on public lands and street rights-of- way shall be surveyed and inventoried. Utilize Oven Spaces: Open spaces shall serve a dual function of providing recreational areas and assisting in management of stormwater runoff. Strategically locate and use open -space areas for runoff capture to reduce flows into system. 77 of 82 MCC SETkST1A1V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: February 27, 2019 Aqenda Item Title- Second Reading and Public Hearing; 0-19-02 Stormwater Utility Recommendation: Hold a public hearing and approve changes to the Stormwater Utility Ordinance on second reading. Background: At the July 11, 2018 City Council meeting, a workshop was held with the City Council to discuss application of the Stormwater Ordinance and the implication of the Stormwater Utility Fee increase on the City's Stormwater program. At that time the City Council requested that Staff make applicable changes to the existing program in order for it to be applied consistently and equitably to the community at -large. Staff has met multiple times over the course of six months in order to provide a program and Policy which may meet these goals. Attached please find recommended changes to the Ordinance for consideration. Attachments: Ordinance 0-19-02 City ager th ori tion: Date: -2 /��/� ORDINANCE NO. 0-19-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,. AMENDING CHAPTER 102, ARTICLE V. OF THE CODE OF ORDINANCES, PROVIDING FOR CLARIFICATION, UTILITY FEE CREDITS AND ESTABLISHMENT OF FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City presently owns and operates a stormwater system which has been developed over a number of years to serve the purpose of collecting, treating and discharging storm and other surface waters, and is in the process of expanding, constructing and improving the system; and WHEREAS, the City is authorized by the provisions of Florida Statutes Chapter, the Florida Constitution, the City Charter, and Fla. Stat. § 403.0893, to construct, reconstruct, Improve, and extend stormwater utility systems, to issue revenue bonds and other debts if needed to finance in whole or part the cost of such a system, and to establish just and equitable rates, fees, credits, and charges for the services and facilities provided by the system; and WHEREAS, this stormwater management system benefits and services all property within the City both directly and, less obviously, by keeping streets open for passage as well as by monitoring and minimizing pollution levels in adjoining waterways; and WHEREAS, the cost of operating and maintaining the city stormwater management system and financing necessary repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in an equitable manner among those who are served by the system; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 102, Article V of the Code of Ordinances of the City of Sebastian, Florida, is hereby amended to read as follows: Sec. 102-123. - Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 79 of 82 Calculated impervious surface of an ERU means for purposes of determining a stormwater fee, the calculated impervious surface of an ERU shall be deemed to be 3,285 square feet which is the statistical average of impervious area for one developed residential lot. Developed nonresidential property means property zoned for uses other than for residential purposes upon which improvements have been constructed. Developed residential property means property zoned for residential use upon which is constructed one or more dwelling units. This would include single-family or multi -family dwellings, condominiums and duplexes. Equivalent residential unit (ERU) means the statistical average horizontal impervious area of all residential units in the city, Exempt property means property which shall not be subject to a stormwater fee, which is limited to: (1) Common areas within multi -family areas. (2) Property, or portions of property, which is perpetually designated for conservation land uses or which, because of its environmentally sensitive character, cannot be developed under present environmental protection regulations. (3) Publicly owned road and drainage right-of-way and all City owned property. Undeveloped parcels means unimproved property zoned for uses other than for single-family residential purposes or property zoned for residential uses upon which no subdivision improvements have been constructed. Undeveloped single-family residential property means property improved and subdivided into single-family residential lots upon which no dwellings have been constructed. Sec. 102-124. - Stormwater fee; imposition and calculation of. (a) Imposition. A stormwater fee is hereby imposed upon all property within the city unless otherwise exempted, for services and facilities provided by the stormwater management system. For purposes of imposing the stormwater fee, the city has obtained the services of a consulting engineer to develop the statistical rationale for providing just and equitable rates, fees, and charges for the facilities and services provided by the system. (b) Application and classification. (1) Developed residential property. Each dwelling unit shall be billed at a flat fee of one ERU per month. (2) Undeveloped single-family residential property. Each undeveloped single-family lot shall be billed for one ERU multiplied by a correction factor of 0.67 to calculate the flat monthly rate. (3) Undeveloped parcels. Each undeveloped parcel shall be billed at a rate determined by dividing the total land area of the properties, in square feet, by 11,154 which represents the square footage of a statistically average residential building site in the city, multiplied by a correction factor of 0.67 to arrive at the number of ERUs for that parcel. :1 e (4) Developed nonresidential property. Each parcel of developed nonresidential property shall be billed at a rate determined by dividing the total impervious area of the parcel by the calculated impervious surface of an ERU to arrive at the number of ERUs for that parcel. (5) Exempt property. Exempt property shall not be subject to a stormwater fee. (c) Within the guidelines and procedures established by administrative regulations duly promulgated by the utility, a landowner may apply for a Stormwater Utility Fee Credit for constructed stormwater management systems pursuant to St. John's River Water Management District requirements in accordance by resolution adopted by City Council. When there is existence of atypical physical features to the site, or alternative stormwater treatment, the city shall reasonably determine said credit based upon the equitable pro -rata decrease in the total services required of the utility in providing the systemic benefits of stormwater management to the property. Sec. 102-125. - Establishment of fee. There is hereby established as the initial fee for one equivalent residential unit (ERU) the sum of $10.00 for each month. Said fee shall continue in effect unless and until the city council, by resolution passed by supermajority, establishes a different rate for any fiscal period following the 2018-2019 fiscal year. Sec. 102-128. - Appeal of fee amount; procedure. (a) After having paid in full all utility fees invoiced against his property, any property owner shall have the right to appeal either the utility fee charged, or a credits determination pursuant to section 102-124(c), with respect to his property as follows: (1) Within 30 days of either the initial mailing of the utility fee bill, or the written determination as to credits, whichever date is relevant, the property owner shall have the right to appeal to the city council. The city council shall have 30 days from the receipt of the notice of appeal within which to hold a hearing on the appeal and thereafter shall render a determination. (2) If the appellant prevails and it is decided a refund is due, the refund amount shall be in accordance with the determination on appeal but shall not include any interest on the refunded fee. (3) Upon filing of a proper petition within 30 days of the determination of city council, said determination may be reviewed in the circuit court by writ of certiorari upon the record made before the city council. (b) Notwithstanding the provisions set forth above, any property owner shall have until December 1st, to request a review by the city manager of the utility fee bill for the current fiscal year for claims of errors in classification or calculation. As a condition of requesting such review, the property owner must pay 2%mUmK` cf the fees asteally due._ The city manager may deny the appeal or modify the amount of the fee. The owner may appeal the city manager's determination to city council within 30 days and thereafter follow the procedures set forth in subsections (a)(1) and (3) above. Any claims relating to a credits determination pursuant to section 102-124(c) must be appealed in accordance with the standard procedure set forth { Formatted: Strikethrough Formatted: Strikethrough 81 of 82 above. SECTION 2. SEVERABILITY. If any section or part of a section of this ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this ordinance wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 3. CONFLICT. This ordinance shall prevail over all other ordinances which are in conflict with this ordinance. If any clause, section or other part or application of this ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This ordinance shall be enacted upon its final adoption. The foregoing ordinance 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 Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan The Mayor thereupon declared this ordinance duly passed and adopted this day of 2019. City of Sebastian, Florida ATTEST: Jeanette Williams, MMC City Clerk By: Mayor Jim Hill Approved as to form and content: James A. Stokes City Attorney 4 82 of 82