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HomeMy WebLinkAbout03-18-2020 CC Agenda w/BOA & CRAatY L* SET_IAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT & COMMUNITY REDEVELOPMENT AGENCY AGENDA WEDNESDAY, MARCH 18, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION — Rev. John Gill, Sebastian United Methodist Church 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Mauti 4. READING OF CIVILITY PLEDGE — Read by Vice Mayor Mauti WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES. WE WILL AVOID PERSONAL ATTACKS. 5. ROLL CALL AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members 7. PROCLAMATIONS. AWARDS. BRIEF ANNOUNGENTS Presentations of proclamations, certificates and awards, an ne hmeliy announcements by Council and Staff. No public input or action under this heading. 20.042 A. Proclamation — Red Cross Month, March 2020 — Coast to Heartland Community Volunteer Leader 20.043 B. Proclamation — Procurement Month, March 2020 — Ann -Marie Fraser, CPPB, MBA, Procurement and Contracts Manager 20.044 C. Announcement of New City of Sebastian Police Chief, Captain Daniel N. Acosta upon Retirement of Police Chief Michelle Morris 20.031 D. Presentation of Fiscal Year 2019 Comprehensive Annual Financial Report (CAFR pg 7 and Annual City Audit by City Auditor, Rehmann Robson (Transmittal, Audit available at http://www.cityofsebastian.org/city-financials) Brief Announcements March 20 to 22 - ShrimpFest & Craft Brew Hullabaloo in Riverview Park from 10am -- 9pm April 3 — Rhythm on the River— Classic Rock — 5:30pm to 6:15pm & 6:45pm to 8:00pm 1 of 189 Stormwater Utility customers may receive a credit for constructing, operating and maintaining a stormwater facility on their property. Customers seeking a credit must submit all required information no later than June 1, 2020 to be eligible for a Stormwater Utility fee credit. Applications can be obtained and should be submitted to the City of Sebastian Community Development Department, 1225 Main Street, Sebastian, Florida or visit our website at www.citvofsebastian.orQ. Please review the application for information on types of facilities that may be considered for a stormwater credit 8. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 9. Recess Citv Council Meetinq and Convene as Board of Adiustment pgs B-10 A. Approve January 8, 2020 BOA Minutes Adopted Quasi -Judicial Public Hearinq Procedures: • Chairman opens hearing • Attorney reads title of request • Board discloses ex -parte communication • City Clerk swears in all who intend to provide testimony • Applicant makes presentation • Staff presents findings and analysis • Board asks questions of the applicant and staff • Chairman opens the floor for anyone in favor of the request • Chairman opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request if needed • Board deliberation and questions • Chairman calls for a motion pgs 11-41 B. JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOTS 27 & 28, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED AT 1401 THORNHILL LANE, ARE REQUESTING VARIANCES TO ALLOW AN EXISTING DETACHED GARAGE LOCATED ON LOT 26 TO BE UNIFIED TO THEIR RESIDENTIAL PROPERTY. THE DETACHED GARAGE IS SETBACK 26.1 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES TO BE LOCATED BEHIND THE FRONT SETBACK OF THE HOUSE, WHICH IS 29.8 FEET. THE DETACHED GARAGE IS 20 FEET IN HEIGHT, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED THE HEIGHT OF THE HOUSE, WHICH IS 15 FEET. THE DETACHED GARAGE IS 1,728 SF IN SIZE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED 1,000 SF MAXIMUM. THE DETACHED GARAGE IS CONSTRUCTED OF YELLOW CORRUGATED METAL, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES OVER 750 SF IN SIZE TO BE OF THE SAME COLOR AND MATERIALS OF THE HOUSE, WHICH IS GRAY STUCCO. (PJ Ad 31412020) (Transmittal, Report, Ex A -F, Application, Notice) 10. Recess Board of Adiustment and Convene as Communitv Redevelopment Agency pgs 42-43 A. Approve February 26, 2020 CRA Minutes pgs 44-61 B. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 - Accept and Forward to City Council (Transmittal, Report) 2 of 189 11. Adiourn Communitv Redevelooment Agencv Meeting and Reconvene as Citv Council 12. 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 62-76 A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting pgs 77-89 B. Approval of Minutes - February 26, 2020 Regular City Council Meeting 20.045 C. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 - Acceptance Pg 90 by City Council (Transmittal, See Pages 45-61 for Report) 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands pgs 91-107 Unit 4, Lot 1, Block 121 (Transmittal, R-20-03, Site Map, Staff Report, Utility Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 AND 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. 20.047 E. Approve the Distribution of Sebastian Police Department Forfeiture Funds to the pgs 108-114 Substance Awareness Center in Accordance with FS 932.7055 (Transmittal, F.S.932.7055, Letters) 13. 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. 20.048 A. Parks and Recreation Advisory Committee (Transmittal. Application. Ad. List) pgs 115-119 i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member— Position to Expire 5/31/2021 20.049 B. Natural Resources Board (Transmittal. Aoolication. Ad. List) pgs 120-126 i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member— Position to Expire 7/1/2022 20.010 C. Integrated Pest Management Parks Update (Transmittal) pg 127 14, PUBLIC HEARINGS - None 15. UNFINISHED BUSINESS 20.038 A. Approve Concrete Services pgs 128-930 with Tim Rose Contracting, Regrading Capital Project Price Sheet) under the Concrete Construction Service Agreements Inc. for the New Pavement Culvert ReplacemenUSwale Not to Exceed $40,000 (Transmittal, Minutes Excerpt, 3 of 189 16. NEW BUSINESS 20.050 A. Resolution No. R-20-04 - Accepting the 1" Quarter Financial Report and pgs 131-154 Recognizing Necessary Amendments and Adjustments to the FY19120 Annual Budget (Transmittal, R-20-04, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 20.051 B. Presentation by Retail Strategies Alabama, LLC - Sarah Beth Thornton, Business Development pgs 155-166 Approve the Piggyback to City of Lauderdale Lakes RFP No. 19-3410-18R for a City - Wide Retail Trade Analysis and Marketing Plan using Retail Strategies Alabama, LLC in the Amount of $40,000.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Experience, Schedule, Agreement, Notice, Lauderdale Lakes Document) 20.052 C. Approve a Pre -Construction Services Agreement with Wright Construction Group, pgs 167-180 Inc. (RFQ #18-09) for the Design Build of the Municipal Garage and Public Facilities Compound near the Sebastian Airport in the Amount of $446,335.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement, Proposal, Minutes Excerpt) 20.053 D. Approve the Emergency Purchase and Installation of (1) HVAC System for the M.I.S. pgs 181-189 Division's Server Room from Arnold Air Conditioning in the Amount of $27,160.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quotes, Proposal) 17. CITY ATTORNEY MATTERS 18. CITY MANAGER MATTERS 19. CITY CLERK MATTERS 20. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member Parris C. Vice Mayor Mauti D. Council Member Giliiams E. Mayor Dodd 21. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING LOOP INSTALLED. SWITCH HEARING AID TO T -COIL. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. 4 of 189 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.286.0905) 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 Meetina Dates: April 8, 2020 — Regular City Council Meeting — 6:00 pm April 22, 2020 — Regular City Council Meeting — 6:00 pm May 93, 2020 — Regular City Council Meeting — 6:00 pm May 27, 2020 — Regular City Council Meeting — 6:00 pm 5 of 189 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02 Regular Citv Council Meetings Public input is ALLOWED under the headincls: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOTALLOWED 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 Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Councii 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. Appealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Aqenda 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. 6 of 189 M�f SE13ASTV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: March 18, 2020 AGENDA ITEM TITLE: Presentation of the Fiscal Year 2019 Comprehensive Annual Financial Report and Annual City Audit. RECOMMENDATION: Receive the Auditor's Briefing on the Financial Report and the Annual City Audit. BACKGROUND: Florida Statutes 218.39 requires the City to have an annual financial audit. When grant funding exceeds certain limits, we must also have a "Single Audit" performed. The independent audit firm of Rehmann Robson was competitively selected to perform the City's audit and "Single Audit" and this is the ninth year of that agreement. City Staff is currently conducting a Request for Proposals to determine the auditor to be used beginning next year. The FY2019 Annual Financial Report and "Single Audit" can be accessed via the City's website at httT)://www.rityofsebastian.org/elty-financials. In addition, this year a "single audit" was required and that report can also be accessed via the City's website at that same link. Representatives from Rehmann Robson will briefly comment on the Report and respond to any questions from the City Council. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: $39,100, plus $4,500 for the Single Audit Required this year. Amount Budgeted in Current FY: $43,600 Amount of Appropriation Required: None Fund to Be Utilized for Appropriation: General Fund andE terprisee Funds Administrative Services Department Review: -I -J.-1 ATTACHMENTS: 0 FY2019 Comprehensive Annual Financial Report and FY2019 Single Audit Report (available on City's website via htti)://www.citvofsebastian.org/city-financials. City Manager Auth rizafion: Date: (Ia �� e� 7 of 189 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Three .4rr.u.._r �- un ice■ d.i aG uxa■ ■�i i a �r i+rr • li. Ja rEtbe WiLU.-frs, City CIET-k Bob Stephen asked if the City Manager wasn't doing his job, did he have to wait until the next Council meeting to talk to Council. Mayor Dodd advised him to speak under public input at a Council meeting or call the hotline number to begin a paper trail. It was the consensus of City Council to move up Public Input after the Consent Agenda or Committee Reports through a revision of the resolution. Mayor Dodd reviewed that a Council Member has the power to bring an item to Council and then turn the power to Council who can then act on the item and then give it to the Charter Officers for implementation. Being no further business, Mayor Dodd recessed the workshop at 5:45 p.m. 5. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING Mayor Dodd reconvened the Regular City Council Meeting at 6;01 p.m. All Members except Council Member Hill were present. 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members MOTION by Mayor Dodd and SECOND by Council Member Gilliams to add item #13a requesting to lift the spraying moratorium in order to spray the balifields. Council Member Gilliams said he would not vote for the additional item and requested the information be placed on the next agenda so they would have time to review the material, No further action was taken. 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. Brief Announcements January 77 — Craft Club Shaw in the Park — 10 am to J pm January 18 to 19 — Sebastian River Fine Art and Music Festival in Riverview Park January 16 to 19 — Felismere Frog Leg Festival in Sister City Fellsmere Mayor Dodd announced the upcoming events and the City Manager added the Indian River County Executive Roundtable Committee would be holding their 5K Run Saturday at the Fellsmere Preserve which will support the underserved youth of Iridian River County. 8. ADJOURN CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT MEETING Chairman Dodd adjourned the Regular City Council meeting and convened the Board of Adjustment meeting at 6:11 p.m, A. MOTION by Chairman Dodd and SECOND by Mr. Gilliams to approve the May 8, 2019 Board of Adjustment Minutes passed with a unanimous vote of 4-0. e :' Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Four B. Quasi -Judicial Public Hearinq L FRED AND GLORIA CLIFFORD REQUESTING A VARIANCE FROM SECTION 54-2-5.2.2(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE IN REGARDS TO LOT 45, SAN SEBASTIAN SPRINGS SUBDIVISION REPLAT, LOCATED AT 616 CROSS CREEK DRIVE. THE VARIANCE IS FOR AN EXISTING POOL SCREEN ENCLOSURE TO BE AT MAXIMUM 1.3 FEET FROM THE SIDE PROPERTY LINE OF A CORNER LOT, AND ENCROACH INTO A 5 FOOT UTILITY EASEMENT, WHERE THE REGULATIONS FOR THE RS -20 ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAIN A MINIMUM SETBACK OF 15 FEET FROM THE SIDE PROPERTY LINE. (Transmittal, Staff Report, Criteria, Exhibits, Application, Aerial, Notice) Chairman Dodd opened the public hearing and the City Attorney read Mr, and Mrs. Clifford's request. There were no ex-parte communications to disclose by the Council Members. The City Clerk swore in everyone that was to provide testimony. Mr. Clifford explained that they purchased house in December 2017 and a year later found out the 1998 pool enclosure was installed utilizing an old survey with a ten foot setback however today's code requires a fifteen foot setback. The Community Development Manager said the 1998 pool enclosure permit was issued in good faith, but now that Mr. Clifford would like to sell his house, there may be a title insurance issue because of the encroachment into the setback and the utility easement. She said based on the Land Development Code definition, this was a considered a side yard encroachment requiring it to be 15 feet from the property line; they advised Mr. Clifford that he would need to see if the encroachment was okay with FPL and the homeowners association (HOA). She said the backup included approval from both parties. She said staff did feel that the request met all of the criteria outlined on pages 19-21 of the agenda packet. She said if the enclosure was redesigned, it would have to meet the 15 feet setback and staff recommended approval. Mr. Gilliams stated the FPL letter cited the wrong lot number. The Community Development Manager gave him a copy of a letter with the corrected lot number and he noted the date should have been yesterday or today. The Community Development Manager noted the FPL letter was received within an hour of requesting the lot correction; the legal notice was published in the newspaper as well as 28 property owners were notified within 300 feet. She was also in receipt of approval submitted by the HOA's attorney. The City Attorney said the applicant has the responsibility to provide the information, Council could certainly request additional information, but at some point staff has to determine there is enough information provided. 4 9 of 189 Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Five Council Member Gilliarns said staff should have checked the date of the FPL letter and the validity of the homeowner's document indicating the (HOA) board's consent. Ted Godfrey said the Cliffords are not responsible for the previous owner's violation nor should they be expected to bear any hardship to rectify the situation. He supported the request for a variance. (See statement attached) There was no one to speak in opposition. MOTION by Vice Chairman Mauti and SECOND by Ms. Parris to approve the variance. Roll call: Vice Chairman Mauit — aye Mr. Gilliams — aye Ms, Parris —aye Mr. Hill —absent Chairman Dodd — aye Motion carried 4-0. 9, ADJOURN BOARD OF ADJUSTMENT MEETING AND RECONVENE REGULAR CITY COUNCIL. MEETING Mayor Dodd reconvened the City Council meeting at 6:36 p.m. All members were present except for Council Member Hill. 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be onacted by one motion. There wait 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. A. Approval of Minutes — November 26, 2019 Special Council Meeting B. Approval of Minutes - December 11, 2019 Regular City Council Meeting 20.001 C. Approve Municipal Election Agreement between the Indian River County Supervisor of Elections and City of Sebastian For Calendar Year 2020 (Transmittal, Agreement) 20.002 D. Approve the Fisca[ Year 2020/2021 Budget and Capital Improvement Program Calendar (Transmittal, Calendar) 19.063/20.003 E. Award Agreement to Guardian Community Resource Management, Inc. (RFP #19- 12) for CDBG Administration Services in the Approximate Yearly Expense of $20.000-$24,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Scoresheet, References, Response, Agreement) 20.004 F. Approve the Piggyback to Florida Sheriff's Association Contract #FSA18-VEH16.0 Cab & Chassis Trucks and Heavy Equipment to Replace a Caterpillar (CAT) 311 F Excavator with Attachments for the Public Works Department in the Amount of $182,793.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Notice of Intent, Contract Info, Comparative Quotes) 10 of 189 cam. SEELAST_V .-- HOME OF PELICAN ISLAND BOA MEETING DATE AGENDA ITEM TITLE BOARD OF ADJUSTMENT AGENDA TRANSMITTAL March 18, 2020 Scozzari. Variance Request RECOMMENDATION: Conduct a quasi-judicial public hearing to consider variance requests for the property located at 1401 Thornhill Lane, Lots 27 & 28, Block 381, Sebastian Highlands Unit 11 Subdivision BACKGROUND: An application for four (4) variances has been submitted from Joseph and Julia Scozzari to allow an existing detached garage on Lot 26 to be unified to the applicant's residential property on Lots 27 & 28: The detached garage is setback 26.1 feet from the front property line, whereas the code requires accessory structures to be located behind the front setback of the house, which is 29.8 feet; The detached garage is 20 feet in height, whereas the code requires accessory structures not to exceed the height of the house, which is 15 feet; The detached garage is 1,728 SF in size, whereas the code requires accessory structures not to exceed 1,000 SF maximum; and the detached garage is constructed of yellow corrugated metal, whereas the code requires accessory structures over 750 SF in size to be of the same color and materials of the house, which is stucco. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with your consideration. ATTACHMENTS: 1. Staff Report and Board Criteria 2. Exhibits A through F 3. Application 4. Public Hearing Notice If Agenda Item Reauires Expenditure of Funds: Total Cost: NIA Amount Available: NIA If Cost Requires Appropriation: NIA CityMa Auth i '�tion: Date: March 11, 2020 11 of 189 cay Of SEBASTIAN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Scozzari Detached Garage 2. Requested Action: Variances to allow an existing detached garage on Lot 26 to be unified to the applicant's residential property on Lots 27 & 28: The detached garage is setback 26.1 feet from the front property line, whereas the code requires accessory structures to be located behind the front setback of the house, which is 29.8 feet (Section 54-2-7.5(b)(1)); The detached garage is 20 feet in height, whereas the code requires accessory structures not to exceed the height of the house, which is 15 feet (Section 54-2-7.5(c)(4)); The detached garage is 1,728 SF in size, whereas the code requires accessory structures not to exceed 1,000 SF maximum (Section 54-2-7.5(c)(6)); and the detached garage is constructed of yellow corrugated metal, whereas the code requires accessory structures over 750 SF in size to be of the same color and materials of the house, which is stucco (Section 54- 2-7.5(c)(7)d)). (Exhibit A, photos & aerial) 3. Project Location a. Address: 1401 Thornhill Lane b. Legal: IRC Tax Parcel ID No. 31-38-25-00001-3810-00027.0 Lots 27 & 28, Block 381, Sebastian Highlands Unit 11 4. Project Owner: Joseph & Julia Scozzari 1401 Thornhill Lane Sebastian, Florida 32958 (772) 388-7453 5. Project Agent: Homeowners b. Project Surveyor: William B. Zentz & Associates, Inc. Bill Zentz, PLS #5276 684 Old Dixie Highway Vero Beach, Florida 32962 (772)567-7552 Project Description: a. Narrative of proposed action: The applicants purchased their residence at 1401 Thornhill Lane in 2003 (Lot 27), and the adjacent vacant lot to the north in 2013 (Lot 28). 12 of 189 A few months later, in 2014, the two lots were formally unified together and a 288 SF pre- fab shed and fence were installed. Five years later the applicants purchased the three adjacent lots to the south (Lots 26, 25, & 24), two with improvements, and the southernmost lot vacant (Exhibit B, parcel layout & survey). The middle lot is improved with a 1,500 SF house built in 1980 (1421 Thornhill Lane, Lot 25), and on the lot to the north, the 1,728 SF detached garage built by that owner in 1994 on Lot 26. The applicants wish to unify the additional lot (Lot 26) that has the detached garage to their primary residence. The Land Development Code (LDC) for Accessory Structures has been modified since 1994 when the detached garage was built (Exhibit C, current code), and as such, the garage is a now non -complying structure. Unifying that structure to the applicants residence would render their property in violation of current accessory codes, specifically location, height, size, and material requirements. The applicants are requesting the Board's consideration of variances for these items. b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: d. Site Characteristics RS -10 (Single -Family Residential - 10,000 SF Lots) LDR (Low Density Residential, 5 units per acre) Zoning RS -10 RS -10 RS -10 RS -10 (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: Current Land Use vacant residence residence residence Future Land Use LDR LDR LDR LDR .46 acres, or 20,038 SF Single-family residence (double lot) County water service Septic system LDC Section 54-2-7.5(a) states "No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy." In 1994, the resident of 1421 Thornhill Lane applied for a building permit for construction of the referenced detached garage, and a connecting breezeway to his house (Exhibit D, permit application). At that time, city staff used a "Route List" and a "Zoning Compliance Checklist" to process most building pen -nit applications. Based on those documents found with the detached garage's application (Exhibit E, application checklists), it appears a recorded Unity of Title form was required and 2 13 of 189 submitted in order to unify Lot 26 to the principal structure at 1421 Thornhill (Lot 25), and that all other regulations were met in order to issue the permit. When Mr. and Mrs. Scozzari contacted staff a few months ago inquiring if it was possible to join the garage to their property, staff relayed that a Release of Unity of Title separating Lot 26 from Lot 25 would most likely be needed, and an application for the above noted variances to be submitted. Staff also stated though, that because the detached garage is a non -complying structure by today's standards, and already connected to a principal structure, it would be difficult to show that the variance requests would meet the required Criteria to approve the application (hardship, special circumstances, etc.) However, after a considerable amount of research time, staff has been unable to locate the recorded Unity of Title document that was required with the building permit in 1994 - not in the Official Records at the courthouse, or anywhere within the city's property files. As such, it has been determined that the detached garage located on Lot 26 is not formally connected with any principal structure, and therefore is also in non-compliance with the above referenced LDC code. Granting the requested variances in order to allow the applicants to unify the garage to their residence will resolve and eliminate this second, larger non-compliance. 9. Board Criteria for Determining Variances: See attached analysis. This criterion was considered in determining staff's recommendation. The applicants have also submitted a response to the Board criteria (Exhibit F). 10. Staff Recommendation: Staff recommends approval of the four (4) variances requested for the property located at 1401 Thornhill Lane, Lots 27 & 28, Block 381, Sebastian Highland Unit 11, as noted in ##2 above, with the following conditions: A. Submittal of a recorded Declaration of Unity of Title unifying Lot 26 to the applicants' residence on Lots 27 & 28. B. Removal of the existing 288 SF pre -fab shed within 30 days C. Colors and trim of the detached garage shall be painted to snatch the principal structure D. Per Section 54-2-7.5(c)(7)d, foundation plantings shall be required on all sides of the detached garage as follows: one shrub for every three lineal feet, 24 inches in height at planting, planted within 30 days. E. The detached garage cannot be used for any commercial storage or business activities including home occupational businesses. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. aswzrth, ManagerlPlanner Community Development Department W Date 14 of 189 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard - Yes ❑ No Formal documentation unifying the detached garage on Lot 26 to a principal structure cannot be located. Approving the requested variances will bring it partially into compliance. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes S/ No ❑ The absence of a recorded Unity of Title is not the result of any actions by the applicants. C. Special privileses not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes ❑ No GV The size of the detached garage on Lot 26 (1,728 SF) could not be built today because of current regulations, and therefore the applicants are being given a special privilege not afforded to other property owners in the residential zoning districts. However, the existing garage needs to be connected to a principal structure, either 1401 Thornhill Lane to the north, or 1421 Thornhill Lane to the south, both owned by the applicants. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. 4 15 of 189 Meets Standard Yes ❑ No / The detached garage was permitted to the owner of 1421 Thornhill Lane in 1994. The applicants now own this property too, and could easily unify the structure to this residence, as was originally intended. C. Only the minimum variance sranted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes r�' No ❑ Staff recommends that the existing pre -fab shed located on Lot 28 be removed so as not to allow more square -footage of accessory structure than permitted. f. Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes COY No ❑ Because of structures like this one, the LDC was changed to the current regulations for accessory structures. It is non -conforming and generally not in harmony with what is visualized for our residential districts. However, it has been in existence for over 26 years and has not been injurious to the area or public welfare. g. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes Vi No ❑ The following conditions are recommended by staff: A. Submittal of a recorded Declaration of Unity of Title unifying Lot 26 to the applicants' residence on Lots 27 & 28. B. Removal of the existing 288 SF pre -fab shed within 30 days C. Colors and trim of the detached garage shall be painted to match the principal structure 5 16 of 189 D. Per Section 54-2-7.5(c)(7)d, foundation plantings shall be required on all sides of the detached garage as follows: one shrub for every three lineal feet, 24 inches in height at planting, planted within 30 days. E. The detached garage cannot be used for any commercial storage or business activities including home occupational businesses. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes W No ❑ Staff suggests a time limit of thirty (30) days to complete the recommended conditions. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grana a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes CS No ❑ The request is not a use -related variance — Accessory Residential Uses/detached garages are allowed in this zoning district. 6 17 of 189 Sec. 54-2-7.5. Accessory structures. EXHIBIT C (a) Presence of principal building required. No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy. (b) Location: (1) General rule of location. No accessory structure shall be located in any required yard (setback), other than as outlined below. Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. a. Special regulations governing rear yards. Detached structures, such as utility sheds and other structures accessory to a primary dwelling within a residential zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed 400 square feet in lot coverage and shall not exceed 12 feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas, shall not exceed 25 feet in height. (2) Corner lots. Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title within an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS -10 zoning district, and in all other zoning districts shall meet required front yard setbacks. (c) General regulations of accessory buildings: (1) No mobile home, travel trailer, tent or similar structure, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. (2) No accessory structure shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). (3) The building official shall not issue a building permit if the accessory structure does not comply with all other provisions of the land development code, comprehensive plan or the Code of Ordinances of the City of Sebastian. (4) No accessory structure shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. (5) Attached or detached quonset-type or style accessory structures, usually defined as any self-supporting structure, typically in an "arch" or curved shape with no interior posts, trusses or support beams of any kind and with the exterior sheeting forming the building, are prohibited. (6) A residential lot will be allowed five square feet of accessory building area (cumulative), for every 100 square feet of lot area, not to exceed 1,000 square feet total. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures, which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. 0 26 of 189 (7) Any attached or detached accessory building over 500 square feet in area, any attached or detached carport and/or breezeway over 500 square feet in area, must be reviewed and approved by the planning and zoning commission utilizing the following criteria: a. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal -looking products. b. The roof of the accessory building must have a minimum pitch of 3:12. C. Accessory structures 501 square feet to 750 square feet in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. d. Accessory structures 751 square feet to 1,000 square feet in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways. Said requirements are as follows: One shrub for every three lineal feet, 24 inches in height at planting. (Ord. No. 0-02-19, § 1, 12-11-2002) 1.: 27 of 189 CITY OF SEBASTIAN APPLICATION FOR PERMITS EXHIBIT D APPLaCANT TO COMPLETE ALL ITEMS IN I, II, III, 25 UNIT I. LEGAL DESCRIPTION: LOT ip - - BLOCK 3 g SID CONSTRUCTION ADDRESS: .5T--o-,^A- M INDIAN RIVER COUNTY TAX PARCEL #: I I . CONTRACTOR: ( &U /j/ c2 U/ (_/.J F. PHONE: STATE: ZIP: STATE REG #: III. OWNER OF PROPERTY: 01111t" po Sox Zo &q ADDRESS: /yZ( .Sw 77740kAlly- 4.1— LSV CITY: SIF -64 -Jr -14 -Al ST: I' --L DAYTIME PHONE NUMBER: 5k9--1,127 ZIP: 3 z?Skl IV. TYPE OF WORK: NEW ADD./ALT. REPAIR DEMOLITION RESIDENTIAL: I/, COMMERCIAL: MULTI—FAMILY DESCRIPTION OF WORM: APP G,19R4C-1--�a� •� Z GDNNE�-T�/J TO i 1�1e &1s 'ja e y & •g -Y d r— PUBLIC SEWER: YES NO PUBLIC WATER: YES NO i TOTAL SQ. FT. 122k = CONDITION L� + NON—COND. D ESTIMATED FAIR MARKET VALUE $ flv I V. TOILETS BATH TUBS TUB/SHOWER WELL LAVATORIES WASH . MACH . HOOK --UP SERVICE AMPS A/C TONAGE DISPOSAL LAUNDRY TUB TEMP. SERVICE HEAT STRIP SHOWER KITCH.SINK WATER HEATER HOSE BIBS DISHWASHER OUTLETS/SWITCHES No QE_ =============================================----------------- APPLICANT MUST COMPLETE PAGE TWO AND SIGN PAGE THREE PAGE ONE 28 of 189 PAGE THREE APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT, AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION, INSURANCE, AND WORKMAN'S COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB -PERMIT MUST BE OBTAINED FOR ELECTRICAL, PLUMBING, MECHANCIAL, POOLS, ETC. PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED DUE TO THIS CONSTRUCTION SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. li OWNER'S AFFIDAVIT: I CERTIFY THAT ALL THE FOREGOING INFORMATION IS ACCURATE AND THAT ALL WORK WILL BE DONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING. WARNING TO OWNER! YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFO E RECORDING YOUR NOTICE OF COMMENCEMENT. UAIGNATURE OF OWNER OR AGENT SIGNATURE OF CONTRACTOR D TE: �� 9 DATE: OTAS TO OWNER 'OR AGENT NOTARY AS TO CONTRACTOR is MY COMMISSION EXP_',- MMISSION EXPIRES: -HUI IS my 00mmaloN # Go *in DO NOT W *44ftl, OFFICE USE ONLY BUILDING PERMIT #I ZONING ZONING �t� TAZ APPLICATION RECEIVED BY DATE 1� / / FE P Je- r PLANS CHECKED BY: & j -IO -1q ISSUANCE B r FLOOD ZONE: SLAB SURVEY REQUIRED: --------------------------------------------------------------------------- FEES BUILDING PERMIT PLUMBING PERMIT ELECTRICAL PERMIT MECHANICAL PERMIT RADON (STATE) OTHER $ P)JC�� $ TOTAL FEES $ �U5 �1 I 29 of 189 m EXHIBIT El ROUTE LIST: Applicant Address 1 LIZ1 T o r-+) � H � ��- Lot Bloc�r J�i Unit Received: Date ^ I C� —� i Time f C) Comments: tuik bi,,' iv-) tJl\J\-( O� �1'flt E. By A Released Date J'IC��' Time ############################################################# Contractor Licensing_ Review Dame J� eC� —�'� Time Comments: 0 V11 - BY �" Released Date -1C', -1q Time 3W Approved for Permit Zoning: Review Date S �G I Time Comments l�Z3v1 w e ✓ .�,. _ �. �� —eT$� t r e c vv .«ems. By= Released Date ,� �6 ^��{ Time ZO Plan Review: Review Datet- ` Time Comments: r/ v By �J'-/Y Released Date TimeU ############################################################# L Permit Issuance: Review Date Time 4 �� Comments: BY ��� Released Date l Time f eeaseae �- ############################################################# 34 of 189 E2 ZONING COMPLIANCE CHECKLIST Lot Z7*2'(O Block 321 Unit C Sub 15 I -H Street Address !/ 4. Septic & Well Location ........... Approved Denied 1. Zoning ........................... I 2. Setbacks ......................... �- 3. Coverage ......................... !/ 4. Septic & Well Location ........... JJ 14 5. Garage/Carport Size .............. 0,A 6. Plot Plan/Survey Agree ........... �JA 7. Height ........................... V--- 8. Driveway .......................... NA - 9. Minimum Living Area ............... rjer Calculation of Lot Square Footage: go k 12-5 � z Total Square Footage of Lot ...................... Maximum Coverage at �� % ...................... (coo o Existing lot coverage: House with Garage or Carport ..... Jy9� Screen Enclosure ................. Room Addition .................... Shed ............................. Other............................ Other............................ - Other ............................ Total Existing Lot Coverage ...... I� i 9 Additional Proposed Structures ... L4 Ll 9 Total Existing and Proposed ............... 7 Ll (o gig � 3 h r 17 Zg Z L1,119 35 of 189 EXHIBIT F Re: Property and structure at 1411 Thornhill In Sebastian. This building is a free-standing building, not unified with any other property and is non -conforming. Possibly because the building/structure was not mandated to be unified but, only to be next door to a main residence, which may have been the code at the time. The building was built in 1985, long before I moved to Florida and purchased my home. The City of Sebastian records state it was built in 1994. Photo evidence, as well as one of the friends of the former owner, will show it was being built in July of 1985. My family has played no part in the construction of this building and it was pre-existing before my home was built. The building seems to be a bit higher than my home, which we would like to unify it to. My home address is 1401 Thornhill Ln Sebastian, directly next door to the building in question. The building is over sized, in that the footprint exceeds todays codes and standards for storage and utility structures. This is not a request for special privilege. This building has been here before some of your employees worked for the city and before some were born. The building will remain as it was intended for storage. Should the variances not be permitted it will cause financial hardship to my wife and my self. Nothing has changed on the building since 1985. People built their houses long after its erecting. This variance will in fact, minimize the non -conformities of the properties as they are by today's standards or "codes" As stated, this structure was here before all of the homes were built in this 300 ft radius. This shows there is no injury to anyone that had chosen to build in our area or on our block. RECEIVED FEB Q 3 2020 City of Sebastian Community Development oe0t- 36 of 189 Permit Application No. SEAT -V City of Sebastian W\41E OF PELICAs Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Na_ 0.%P0 � J/Aft0< Address: I _ —1 -Yo ( VApe n k /I L ru �a✓ sfi� •µ tf/ ULNA Phone Number: ( ) - FAX Number: ( ) - �7 1Z 9I3 -l0/47, Tu7.73$g-79'5,jJ6c E -Mail: ��U�iG Sc a Z z �-� ► Ga'. Gof+� eaS�, /ism Owner (If different from applicant) Name: Address: Phone Number: ( E -Mail: FAX Number: ( Title of permit cr a tion requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. n pject Name (if applicable): cdZ?-C-, /I B. Site Information Address: %/ -7'/? ,4 /l Lw Lot: Block: Unit: Indian River County Parcel #: l 3 925400ei 3 R Obec Z i< Zoning Classii'�'ccation: Se,4Vs-/A:tA,,' Subdivision: �� ��1StJ�s.✓ I�i��i%.v�S .G Future �and Use: Exis in Use: Proposed Use: Ie � C. Detailed description of proposed activity and purpose of the rear. uested permit or action (attach extra sheets if necessarv): r�/ -77, t -/r 6'b DATE RECEIVED: /AD FEE PAID: $A100' RECEIVED BY: RECEIVED FEB 0 3 2020 City of Sebastian Community Develop" /ia3 BM 89 D. Project Personnel: Agent: Name: Address Phone Number: E -Mail: Attorney: 1� Name: Address Phone Number: E -Mail: Engineer: ,((/ Name: f Address Phone Number: E -Mail: Surveyor: Name: Address Phone Number: E -Mail: Permit Application No. FAX Number: ( ) - FAX Number: ( } - FAX Number: ( ) - FAX Number: ( ) - I, i T_ ct."azz e—,,- , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ZI AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF 20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: Permit Application No. The following is required for all comprehensive pian amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. V THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, 0 OMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. T TU REE DATE Sworn to and subscribed before me by who is personally known to me or produced as identification, this day of 20 Notary's Signature Printed Name of Notary Commission No./Expiration Seal: APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE 39 of 189 Permit Application No. .,, SEB STI} HOME OF PELICAN ISOND Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): --4/variance(s) appeal (s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are /Iappealing. (Attach extra sheets if necessary): W+P_,c, ��SCi dot c lcc S 9_ JL -�-C r C] I Legalr description of the property involved: f2�sC 0-C-) 4. Attac he following: j�f ���Duysl� Dda,c"4 7 a. Boundary survey of the property executed by a Florida Registered Qer; Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. C, The names and addresses of ali property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. 40 of 189 Cnc SEBASTIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY, FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY, MARCH 18TH, 2020, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER VARIANCES FROM SECTIONS 54-2-7.5(b)(1), 54-2-7.5(c)(4), 54-2-7.5(c)(6), AND 54-2- 7.5(c)(7)d OF THE SEBASTIAN LAND DEVELOPMENT CODE. JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOTS 27 & 28, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED AT 1401 THORNHILL LANE, ARE REQUESTING VARIANCES TO ALLOW AN EXISTING DETACHED GARAGE LOCATED ON LOT 26 TO BE UNIFIED TO THEIR RESIDENTIAL PROPERTY. THE DETACHED GARAGE IS SET BACK 26.1 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES TO BE LOCATED BEHIND THE FRONT SETBACK OF THE HOUSE, WHICH IS 29.8 FEET. THE DETACHED GARAGE IS 20 FEET IN HEIGHT, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED THE HEIGHT OF THE HOUSE, WHICH IS 15 FEET. THE DETACHED GARAGE IS 1,728 SF IN SIZE, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES NOT TO EXCEED 1,000 SF MAXIMUM. THE DETACHED GARAGE IS CONSTRUCTED OF YELLOW CORRUGATED METAL, WHEREAS THE CODE REQUIRES ACCESSORY STRUCTURES OVER 750 SF IN SIZE TO BE OF THE SAME COLOR AND MATERIALS OF THE HOUSE, WHICH IS GRAY STUCCO. ED DODD, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Mailed: Marek 3, 2020 41 of 189 Regular City Council & CRA Meeting February 26, 2020 Page Five She said the recall election is a legal process promulgated by the state of Florida and those concerned just have to show up and vote their own feelings. Mayor Dodd reported there was some vandalism to Council Member Gilliams' cars and the foyer of his real estate building which is unacceptable behavior. The individuals involved in the recall have the right to go through the process; everyone should respect that as well as respect those that don't want a recall. Council Member Gilliams said he was for the recall if it is justifiable but shame on those who come to his home and throw eggs on his vehicles and at his business. He said if people wanted to come to his home to meet, just call him but don't vandalize his property. 7:07 prn 9. Recess City Council Meetinq and Convene as Communitv Redevelopment Agency 4 A. MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve the January 22, 2020 FoSr►-sry 26, 2020 CRA minutes passed with a voice of 5-0. (Editor's note: February 26 was listed on the agenda but the January 22 minutes were provided for approval.) B. Septic to Sewer Grant Proaram Consider Grant Reauest for 1644 N. Central Avenue — Kelly Residence (Transmittal. Application. Deed, Tax Receiot, Permit, Invoice) MOTION by Mr. Hill and SECOND by Mr. Gilliams to approve the grant request for 1644 N. Central Avenue. Roll call: Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Motion carried 5-0. ii. Consider Grant Reauest for 1662 N. Central Avenue — Hall Residence (Transmittal. Aoplication. Deed, Tax Receiot, Permit. Invoice) MOTION by Mr. Gilliams and SECOND by Ms. Parris to approve the grant request for 1622 N. Central Avenue. Roll call: Mr. Gilliams - aye Mr. Hill - aye Ms_ Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Motion carried 5-0. iii. Consider Grant Reauest for 1698 N. Central Avenue — Commercial (Transmittal. Armlication. Deed. Tax Receipt, Permit. Invoice) 42 of 189 Regular City Council & CRA Meeting February 26, 2020 Page Six MOTION by Mr. Hill and SECOND by Chairman Dodd to approve the grant request for 1698 N. Central Avenue. Rall call: Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Motion carried 5-0. iv. Consider Grant Request for 1805 Central Avenue — Sebastian Communitv Center (Transmittal, Application, Plat, Easement. Tax Receipt. Invoice) MOTION by Vice Chairman Mauti and SECOND by Mr. Gilliams to approve the grant request for 1805 N. Central Avenue. Roll call: Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Motion carried 5-0. v. Consider Grant Reauest for 608 Davis Street — Nilsson Residence (Transmittal. Application. Deed, Tax Receipt, Permit. Invoice) MOTION by Vice Chairman Mauti and SECOND by Mr. Gilliams to approve the grant request for 1805 N. Central Avenue. Roll call: Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Motion carried 5-0. 7:15 pm 10. Chairman Dodd adjourned the Community Redevelopment Agency meeting at 7:15 p.m. and reconvened the City Council meeting. 11. CONSENT AGENDA 20.037 A. Approve 2020/2021 Show Dates for Sebastian River Art Club at Riverview Park (Transmittal, Letter, Application) 20.038 B. Approve Concrete Services under the Concrete Construction Service Agreements with Tim Rose Contracting, Inc. for the New Pavement Swale Regrading Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 6 43 of 189 CITYOF HOME OF PELICAN ISLAND CRA BOARD AGENDA TRANSMITTAL Board Meeting Date: March 18, 2020 Agenda Item Title: CRA Annual Report Recommendation: Approval of CRA Annual Report in accordance with reporting requirements 163.371 F.S. Background: 1n accordance with Florida Statute 163.371, each Community Redevelopment Agency (CRA) shall file an annual report with the local government that created the agency and publish the report on the agency's website not later than March 31St of each year. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO Review:' L �'' -1,J1 I �- Attachments: 1. Sebastian CRA 2019 Annual Report City Manager Authorization: Date: J/// 44 of 189 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Under Chapter 163.371 FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2019 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 45 of 189 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT TABLE OF CONTENTS Letter of Transmittal i List of Principal Official's ii History Exhibit I - Sebastian CRA Boundary Accomplishments 3 FY 2019 Sebastian CRA Performance Activities 4 Table I — Performance Activities 2019 Table II — Septic to Sewer Grant program Tax Increment Revenues 6 Exhibit II — Operating Millage Rates in Redevelopment Area 7 Exhibit III — Taxable Value in Redevelopment Area 8 Exhibit IV — Tax Increment Revenue 9 Financial Statements 10 Balance Sheet 11 Statement of Revenues, Expenditures, and Changes in Fund Balances 12 Budget and Actual 13 46 of 189 CRY OF SIMA HOME OF PELICAN ISLAND March 11, 2020 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, 2019. Section 163.371 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, k iza Frazier, AICP Community Development Director/CRA Manager City of Sebastian -""J n `-I Kenneth W. Killgore Administrative Services Director City of Sebastian 1 47 of 189 LIST OF PRINCIPAL OFFICIALS September 30, 2019 Chairman Ed Dodd Vice Chairman Charles Mauti Board Member Damien Gilliams Board Member Jim Hill Board Member Pamela Parris 11 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 north, south and east by the City limits as of 1995, and on the west by 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 land area is approximately 398 acres (Exhibit 1). Excluding road rights- of-way, ights- ofway, zoning and land use covers approximately 299 acres. 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. Termination of Sebastian CRA (F.S. 163.3755) A community redevelopment agency in existence on October 1, 2019, shall terminate on the expiration date provided in the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier. Unless the governing body of the County or municipality that created the community redevelopment agency approves its continued existence by a majority vote of the members of the governing body, the Sebastian CRA shall sunset on September 30, 2039. CRA Annual Report 2019 49 of 189 Page 1 EXHIBIT I - SEBASTIAN CRA BOUNDARY MAP NC oninitin'ty Redevelopl7ietil Area ;twr VI MI CA% It111Y7 (TIN OF SEliAS'F[.11. FL —. POO tea+ � fiq; VRA Lana4Area s, r, 303 acres tr�b ter. TOTAL CRA LAND AREA 398 ACRES ? 113M 50 N ` a � � Pe t3ISTIT i f 'hyo= � tann Jt v0 RLfeM It r ', CaaYrmsflan ty UITM PL t IATA LT —. POO tea+ � fiq; VRA Lana4Area s, r, 303 acres tr�b ter. TOTAL CRA LAND AREA 398 ACRES CRA Annual Report 2019 N CNA CCS GIS 30W5 r ', CaaYrmsflan `F e Area 7� ...189 � s acres � ' ' v }t VAL w a-9kAi It 1 a PniNiR'� 4r YA UL RIIm M � TIK frAld, Ru h i � h A4CCRU!!AV x It YANGDAW it a 3 PHL"m ITy4 > Kwr ST l�' � 7f � y [IrRli51'r Q yI t~�:LrStl'+]i+31� 'S`w�9'1 eNMwAT t + :151'J yr� GF!kGt R'a 4kp I^dt: t'��e5 ALhMhSvA /H furrrar '�� oa xuu Ra fIRISCYSRY lop O v ¢ t k urx Aa 3 PJRN NO PA;m Ar ACACI .ve CalL1�lA.wa p[uhMT Rr .. 1 r tp` sn MOM AD MKIM MIAMUS CRA_209 CRA Annual Report 2019 50 of 189 page 2 N �1 CCS GIS 30W5 50 of 189 page 2 Accomplishments of the Sebastian Communitv Redevelopment A2encv (Sebastian CRA), 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). The Sebastian CRA has continued to move towards achievement of the goals set out in the adopted Community Redevelopment Master Plan (2010). 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 1, boat dock, landscaping, and shoreline stabilization project in 2001. ❑ 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. C1 Established a Fagade, 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. ❑ Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working Waterfront Properties. C3 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. ❑ Completed repairs to the CavCorp boat parking property. ❑ Completed a Riverfront Parking Study in 2011. ❑ Establishment of the Parking -in -lieu program for parking within right-of-way of business district. ❑ 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 and the Fagade, Sign and Landscape grant program. ❑ Funded necessary repairs to the Working Waterfront properties including: historic building repairs and dock maintenance. ❑ Initiated work on the CRA Master Plan update. ❑ 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. ❑ Acquired property along the Indian River shoreline for preservation as an extension of public property. CRA Annual Report 2019 Page 3 51 of 189 FY 2019 Sebastian CRA Performance Activities Major activities and accomplishments of the Sebastian CRA in 2019 are shown in TABLE I and described below. C] 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 H) and the Fagade, Sign and Landscape grant program. n Funded necessary repairs to the Working Waterfront historic property including: historic building repairs; new elastic coating roof; new plumbing and dock maintenance. ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. ❑ Completed design work on the Landscape and Signage for the Working Waterfront and CRA District. ❑ Completed conceptual park design and canopy tree preservation plan for Riverview Park that included: trees, sidewalks, parking, and event areas. TABLE 1— PERFORMANCE ACTIVITIES PROJECT ACTIVITY CRA PLAN REFERENCE ACHIEVEMENT AMOUNT Riverview Park Master Plan Design Page 21, 23, 31, 33 Complete $19,704.50 Sign Master Plan Design Page 21, 23, 31, 51 Complete $31,905.00 Working Waterfront Preservation Page 20, 22, 31, 51 On-going $43,785.85 Repair Marketing and Events Promotion Page 23, 51 On-going $43,460.00 Business Assistance Programs FSL Grants Page 24, 50, 51 On-going $111,244.75 S2S Grants Waterfront/Streetscape Maintenance Page 20, 23, 33, 37 On-going $157,844.00 Maintenance & Improvement In addition to projects and programs funded by Sebastian CRA funds, -the following projects were conducted within the CRA to further enhance and promote the Riverfront Business District. ➢ Working Waterfront: parking and shoreline improvement design and permitting ➢ Indian River Drive improvements: cross walks, resurfacing, sidewalks ➢ CDBG 5 -year Consolidated Plan.: Housing rehabilitation program for low-income residents ➢ US Hwy 1 Corridor Enhancement Study CRA Annual Report 2019 Page 4 52 of 189 g TABLE CRA Septic to Sewer Grant Activity October 1A 2,018 — Septe-mbSr 3,01 2019 OWNER _ ~PROJECT PROJECT FUNDS ADDRESS DATE AWARDED 18 -SSP -1 936 U.S. Highway 1 11/29/18 $15,000 936 Building LLC 18 -SSP -2 1327 N. Central Sebastian Oaks Ave. 18 -SSP -4 1206 U.S. Highway Robert & Ronna 1 Greason 18 -SSP -5 710 Jackson St. Halo Rescue 18 -SSP -6 698 Jackson St. Jerry & Marsha Hall 18 -SSP- 7 404 Indian River Jon & Harriet Dr. Balme 19 -SSP -I 707 Jackson Street 707 J LLC Total funds from IRL $59,008.25 Council j Total funds from CRA $111,244.75 TONAL FUNDS DISPERSED FY 201812019 $170,253.00 4123119 $30,000 4129119 $42,236.50 7110/19 $45,000 8/1/19 $5,099.00 1130119 $15,000 9111119 $2,917.50 CRA Annual Report 2019 Page 5 53 of 189 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, CRA Annual Report 2019Page 6 54 of 189 The City's millage decreased from $5.00 per $1,000 in FY 2001 to $3.1514 per $1,000 in FY 2019. 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 2019. Rates from 2001 through 2019 are presented in Exhibit III below. Exhibit II Sebastian Community Redevelopement Agency Operating Millage Rates in Redevelopment Area Total Tax Increment Millage Rate 10.0000 - MOW d 8.0000 - - R 7.0000 - - - - 6.0000 - - - - - 5.0000 - - - - 4.0000 - - - - - e 3.0000 - - - - - 2.0000 - - - 1.0000 - - - - - ti0�ti0��0°ti00ti0lzti0ati00ti0Qti0aTZ q` '`lp' p'`q0 10 10'`1,01,0 '`ti0'``� , Fiscal Year Source: City of Sebastian Administrative Services Department CRA Annual Report 2018 Page 7 55 of 189 Indian City River of Total Fiscal Year Count 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 69786 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 2019 3.4604 3.1514 6.6118 Total Tax Increment Millage Rate 10.0000 - MOW d 8.0000 - - R 7.0000 - - - - 6.0000 - - - - - 5.0000 - - - - 4.0000 - - - - - e 3.0000 - - - - - 2.0000 - - - 1.0000 - - - - - ti0�ti0��0°ti00ti0lzti0ati00ti0Qti0aTZ q` '`lp' p'`q0 10 10'`1,01,0 '`ti0'``� , Fiscal Year Source: City of Sebastian Administrative Services Department CRA Annual Report 2018 Page 7 55 of 189 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 2019 total incremental value of $61,169,160, the incremental value of the redevelopment area has increased by 65.9% since Fiscal Year 2005. The taxable values in redevelopment area from 2001 through 2019 are presented in Exhibit II below. Exhibit III Tax Increment Values 100.0 - y 90.0 `m 80.0 0 7D.0 0 60.0 c 50.0 � 40.0 30.0 c 20.0 10.0 — 0.0 . TZ TZ TZ ZZ ?�� 'L4� `L�p�o`LZp'l`�p� ��p `L�gOP P `L�� P `L�� `L�� rL�,�'1`L0� `La,�3 Fiscal Year Source: City of Sebastian Administrative Services Department CRA Annual Report 2019 Page 8 56 of 189 g 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 -18.37% 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% 2019 102,731,140 41,561,980 61,169,160 8.77% Tax Increment Values 100.0 - y 90.0 `m 80.0 0 7D.0 0 60.0 c 50.0 � 40.0 30.0 c 20.0 10.0 — 0.0 . TZ TZ TZ ZZ ?�� 'L4� `L�p�o`LZp'l`�p� ��p `L�gOP P `L�� P `L�� `L�� rL�,�'1`L0� `La,�3 Fiscal Year Source: City of Sebastian Administrative Services Department CRA Annual Report 2019 Page 8 56 of 189 g Based on the millage rates and significant increases in taxable values, the tax increment revenue has risen dramatically. The total tax increment revenue in 2001 was $94,029. The tax increment revenue in 2019 has increased to $384,216. However, this is a 30.5°/% 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 2019 are presented in Exhibit IV below. Exhibit IV Sebastian Community Redevelopement Agency Tax Increment Revenue Tax Increment Revenue $600,000 - - $500,000 $400,000 $300,000 $200,000 - $100,000 - $0 X00Nb 10 10 1. d 11t 1,� 1P ZO�`1,� 10 10 1P Z,�N1P 11� P `?=0� `P Z,�N�r Fiscal Year (1) Revenues include the triangle area added in the redevelopment area in 2003. Source: City of Sebastian Administrative Services Department CRA Annual Reporl 2019 Page 9 57 of 189 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 251,236 273,888 525,124 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 2019 201,086 183,130 384,216 Tax Increment Revenue $600,000 - - $500,000 $400,000 $300,000 $200,000 - $100,000 - $0 X00Nb 10 10 1. d 11t 1,� 1P ZO�`1,� 10 10 1P Z,�N1P 11� P `?=0� `P Z,�N�r Fiscal Year (1) Revenues include the triangle area added in the redevelopment area in 2003. Source: City of Sebastian Administrative Services Department CRA Annual Reporl 2019 Page 9 57 of 189 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. 1n 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, 2019 and may be obtained in the City Clerk's office 1225 Main Street, Sebastian, Florida or online at the City's Website at htti)://www.eltvofsebastian.orp/citv-financials. CRA Annual Report 2019 age 10 58 of 18 Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2019 Unaudited ASSETS Cash and cash equivalents $ 139,233 Investments 254,483 Total assets $ 393,716 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable $ 19,612 Total liabilities 19,612 Fund balances: Restricted 374,104 Total fund balance 374,104 Total liabilities and fund balance $ 393,716 CRA Annual Report 2019age 11 59 of 18 Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended September 30, 2019 Unaudited REVENUES: 20,457 Taxes: (111,245) Property $ 384,216 Investment earnings 14,101 Other revenue 39,000 Total revenues 437,317 EXPENDITURES: Current: General government 2,928 Economic environment 393,311 Total expenditures 396,239 Excess (deficiency) of revenues over (under) expenditures 41,078 OTHER FINANCING USES: Transfers in 20,457 Transfers out (111,245) Total other financing uses (90,788) Net changes in fund balance (49,710) Fund balance - beginning 423,814 Fund balance - ending $ 374,104 CRA Annual Report 2019 age 12 60 of 18 Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2019 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 Budget Amounts Original Final S 385,710 $ 385,710 10,000 10,000 39,000 39,000 434,710 434,710 1,990 471,402 473,392 1,990 471,402 473,392 (38,682) (38,682) 220,927 220,927 (116,245) (116,245) 104,682 104,682 66,000 66,000 423,814 423,814 $ 489,814 $ 489,814 Actual Variance with Amounts on Final Budget - a Budgetary Positive Basis (Negative) $ 384,216 $ (1,494) 14,101 4,101 39,000 - 437,317 2,607 2,928 938 393,311 (78,091) 396,239 (77,153) 41,078 79,760 20,457 (200,470) (111,245) 5,000 (90,788) (195,470) (49,710) (115,710) 423,814 - $ 374,104 $ (115,710) CRA Annual Report 2019 age 13 61 of 18 Civ of SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MUNICIPAL BUDGET PROCESS WORKSHOP — 5:00 P.M. REGULAR MEETING — UPON ADJOURNMENT OF WORKSHOP WEDNESDAY, FEBRUARY 12, 2020 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA MINUTES Mayor Dodd called the workshop to order at 5:00 p.m. 2. Council Member Parris led the Pledge of Allegiance. 3. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Citv Staff Present: City Manager Paul Carlisle City Attorney James Stokes City Clerk Jeanette Williams Records Clerk Cathy Testa Public Facilities Director/Airport Director Scott Baker Community Development Manager Dorri Bosworth Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Procurement/Contracts Manager Ann -Marie Fraser Environmental Technician Kim Haigler Leisure Services Director Brian Benton Engineer/Stormwater Director Ken Griffin Building Official/Fire Marshal Wayne Eseltine Police Lt. Tim Wood 4. Mayor Dodd convened the City of Sebastian Municipal Budget Process Workshop at 5:01 p.m. The Administrative Services Director/CFO described the City's budget process using the attached PowerPoint presentation. (See attached) Council Member Hill thanked the Administrative Services Director for providing 18-19 years of outstanding budget processes. Mayor Dodd said the budget is one of the most important things that City Council does is to make sure they are good stewards of the taxpayer's money. He noted this would be the fourth budget cycle of meeting the rolled -back rate. 62 of 189 Regular City Council & CRA Meeting February 12, 2020 Page Two Council Member Gilliams asked if it was possible to reward department heads for turning in so many dollars back each year. The Administrative Services Director said there was a limited program to reward employees that do something outstanding but department heads are ineligible. Council Member Hill said he believed in the City's staff and was confident they will continue to save the City money by providing the level of service that Council asks for. Council Member Gilliams said he was asking to reward the directors if they found ways to turn money in. 5. Mayor Dodd adjourned the Workshop at 5:40 p.m. He convened the Regular City Council Meeting at 6:00 p.m. 6. AGENDA MODIFICATIONS Mayor Dodd announced there were two agenda items listed as A's under #11. He said he would refer to the first item as A and the second as A prime. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 20.025 A. 211 Awareness Week Proclamation - February 11-17, 2020 Accepted by Colleen Phillips, Communitv Relations Specialist - 211/Treasure Coast Mayor Dodd read and presented the proclamation to Ms. Phillips. She described a few the various 211 programs in detail. 20.032 B. Certificate of Appreciation to Christine Vicars - Police Retirement Board of Trustees Service Mayor Dodd read and presented the certificate to Ms. Vicars. Mayor Dodd cited the Pledge of Civility that was adopted by Council and asked that it be recited after the Pledge of Allegiance at future Council meetings. Brief Announcements Monday February I r - City Hall Closed for Presidents' Day Friday February 21St - Sebastian Police Dept. Movie Night at Riverview Park 5:30pm - 8pm Saturday February 22"d - Sebastian River Art Club Show in Riverview Park 10am - 4pm Mayor Dodd announced the upcoming events. 8. PUBLIC INPUT Diana Bolton invited the public to the Friends of St. Sebastian Yard Sale to be held February 15'' where the proceeds will go to scholarships and clean water efforts. She also invited the public to the Healing Waters Yard Sale and concert to be held the same day. 63 of 189 Regular City Council & CRA Meeting February 12, 2020 Page Three Richard Gillmor, Sebastian, said he learned today that a new floor will be installed in the Community Center and asked an aerobic floor be installed. In regard to the Harbor Lights Hotel property, Mr. Gillmor suggested keeping the east side of the property and selling the portion with the hotel to put it back on the tax rolls. Joe Earman, 4375 gch Lane, President of the Indian River Neighborhood Association, (IRNA), requested support of Senator Mayfield's bill, SB676. He also said the IRNA would like the City to hire a consultant as opposed to an engineer to review the recent annexation. 6:30 pm Tim Glover, President of the Friends of St. Sebastian, said they believe the annexation consultant should have experience in urban planning. Dan Johnson, President, Hidden Sanctuary Village, provided additional information on the sanctuary's request to use the Harbor Lights Hotel as the sanctuary's administrative offices, an emergency supply center, and an avenue to display artwork in the rooms. He said his organization plans to be fully funded by the end of 2020. Russell Herrmann, 586 Redwood Court, said Sebastian needs an independent, planning consultant to review the Graves Brothers annexation process to set the precedence for future annexations. Pat Mandel, Carnival Terrace, said she would like Council to hire a knowledgeable consultant to navigate the annexation process. Dr. Robert Bedea, Sebastian Highlands, Good News Sebastian.com, said he felt the annexation meeting was stressful for him; government has to lead by example by setting the bar high by staying away from anything toxic and non -biodegradable. 9. CONSENT AGENDA A. Approval of Minutes — January 8, 2020 Regular City Council Meeting B. Approval of Minutes — January 15, 2020 IPM Workshop C. Approval of Minutes — January 22, 2020 Regular City Council Meeting D. Approval of Minutes — January 23, 2020 IPM Workshop 20.026 E. Authorize a Utility Easement along Madison Street to Connect the Community Center to Gravity Sewer and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Form, Map, Survey) 20.032 F. Approve the 2020 Pelican Island Wildlife Festival with Road Closures in Riverview Park on March 7, 2020 from 10 a.m. to 4:00 p.m. (Transmittal, Letter, Map) 64 of 189 Regular City Council & CRA Meeting February 12, 2020 Page Four 20.027 G. Approve Alcoholic Beverages for the Hidden Sanctuary Village Paint -A -Pallet Craft Event at the Community Center on March 6, 2020 from 6:00 p.m. to 11:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) Council Member Gilliams asked to pull items F and G. MOTION by Vice Mayor Mauti and SECOND by Council Member to approve consent agenda items A to F passed with a unanimous voice vote of 5-0. Mayor Dodd recalled the motion because it included item F. MOTION by Council Member Hill and SECOND by Council Member Parris to include items A to E passed with a unanimous voice vote of 5-0. Item F Council Member Gilliams asked to keep the boat ramp open during the Pelican Island Wildlife Festival with a dedicated staff member to oversee the launches: Council Member Hill said it wouldn't be necessary because there won't be any boat/trailer parking available. John Christino, SE Sebastian, said the boat ramp is closed on a regular basis noting it can accommodate the larger trailers and asked to keep it open. Council Member Gilliams also said the closure of Harrison Street creates a traffic problem and asked if people could go down Harrison Street and turn right (south) on Indian River Drive. Mayor Dodd explained that Indian River Drive would be closed so that would create more of a problem. Diana Bolton said the event is very popular and crowded, she agreed with Mayor Dodd and Council Member Hill that it needs to be as safe as possible. MOTION by Mayor Dodd and SECOND by Council Member Hill to accept item F as submitted passed with a unanimous voice vote of 5-0. Item G Council Member Gilliams asked why the Hidden Sanctuary Village wanted to serve alcohol at their fundraiser. Mr. Johnson explained he planned to serve the ladies have one glass of wine while they are painting. Joe Scozzari asked to speak about the Sanctuary's plans to counsel individuals but the item under discussion was in regard to the fundraising event. MOTION by Council Member Gilliams and SECOND by Mayor Dodd to approve Item G passed with a unanimous voice vote of 5-0. 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. 65 of 186 Regular City Council & CRA Meeting February 12, 2020 Page Five 20.028 A. Planning and Zoninq Commission (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Expired, Regular Member Term — Term to Expire February 2023 MOTION by Mayor Dodd and SECOND by Council Member Hill to reappoint Ms. Kautenburg to the Planning and Zoning Commission. Council Member Gilliams nominated John Christino. Vice Mayor Mauti asked that the alternates be allowed to move up. Mayor Dodd suggested they move up the senior alternate, Mr. Simmons. Council Member Gilliams continued with his nomination of Mr. Christino. Mr. Christino said he was honored by the nomination but was willing to have Mr. Simmons to move up to the regular member position first. Mayor Dodd nominated Mr. Simmons. Council Member Hill nominated Ms. Kautenburg noting it would be a shame to lose her decades of knowledge. Mayor Dodd agreed that she was an asset to the Commission and the Charter Review Committee. Mr. Christino, Mr. Simmons and Ms. Kautenburg were considered for the regular member position with the following roll call vote: Mayor Dodd — Kautenburg Vice Mayor Mauti — Simmons Council Member Gilliams — Simmons Council Member Hill — Kautenburg Council Member Parris - Simmons Mr. Simmons was appointed to the Regular Member Position on the Planning and Zoning Commission. MOTION by Mayor Dodd and SECOND by Council Member Hill to waive the advertising requirements for the alternate member vacancy passed with a unanimous voice vote of 5-0. Council Member Hill nominated Ms. Kautenburg who indicated with thumbs up that she was still interested in serving. A unanimous voice vote of 5-0 supported Ms. Kautenburg for the alternate member position. 20.018 B. Police Pension Board of Trustees (Transmittal, Application, Ad, List, Code) i. Interview, Unless Waived, Submit Nominations for One Civilian Position — Term to Expire February 2024 MOTION by Council Member Hill and SECOND by Mayor Dodd to appoint Bob McPartlan to the Police Pension Board of Trustees. 66 of 1189 Regular City Council & CRA Meeting February 12, 2020 Page Six Council Member Gilliams said he was opposed to the nomination because it would load the board up with government employees and it is a position of trust. He said money is involved and there are issues he has seen in the past as to why there are three new people sitting on the dais because there has been city assets that have been mishandled. Mayor Dodd gaveled, informing him that has nothing to do with the conversation. The City Attorney advised that the Mayor can control the conversation and Council Member Gilliams was closely delving into potential liability issues by making allegations of criminal conduct. Council Member Gilliams called for a point of order stating he would be quiet if three voted for him to be quiet. Mayor Dodd asked him what operational rules he was not following to call for his point of order. Council Member Gilliams responded that he wanted to continue to speak. Mayor Dodd stated he could speak all he wanted but he would not allow him to defame a prior member of Council talking about criminal activities. Council Member Gilliams said he had proof that surplus assets were given away. Mayor Dodd asked him to cease and called for a recess at 7:00 p.m. The Council meeting reconvened at 7:09 p.m., all members were present. The City Attorney stated his understanding of Council Member Gilliams' point of order was to continue his discussion on the appropriateness of Mr. McPartlan being appointed to the Police Pension Board. He said while that is open to discussion, his concern was the defamatory nature of talking about something that he is saying was criminal and assets were improperly given away. In context of Mr. McPartlan's appointment it is an implication that Mr. McPartlan was involved which is defamation per se which means that you don't even have to prove it in court and you pretty much win. He said his ruling is that he can appeal to Council to allow him to keep speaking he has the right to do that but he cautioned that the comments he is making —if Council votes to allow him to continue speaking --the Council is accepting that liability if in fact Mr. McPartlan pursues a defamation case for being implicated in some criminal activity that has never been proven. Council Member Gilliams said he was not accusing Mr. McPartlan of any criminal intent; he wanted to say what transpired. Mayor Dodd ruled against his point of order and asked Council to think about the possible liability if they allow the discussion to continue. He said an affirmative vote would cease his discussion. Roll call: Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - nay Mayor Dodd - aye Vice Mayor Mauti - aye The ruling of the chair stands. 67 of 186 Regular City Council & CRA Meeting February 12, 2020 Page Seven Roll call on the appointment of Mr. McPartlan: Council Member Hill - aye Council Member Parris - nay Mayor Dodd - aye Vice Mayor Mauti - nay Council Member Gilliams - nay Motion failed 3-2. 20.010 C. Inteqrated Pest Management Parks Update (Transmittal. Summarv. Plan. Schedule) 7:35 pm The Leisure Services Director and the Environmental Technician outlined the proposed process and identified the members of the Natural Resources Board along with local environmentalists that will help develop the City's Integrated Pest Management Plan for the parks. (See PowerPoint attached) Mayor Dodd thanked the board members who are providing a very valuable service to the City. The Leisure Services Director said the contractors would fall under the adopted plan they hope to present to Council on April 8t'; each member has been given a pest to research and report on at the sub -committee's next meeting. The Leisure Service Director described the life cycle of fire ants and the products he has tried. (See PowerPoint slides attached) He said he treated the Friendship Park field with Advion which eliminated about 80-90% of the problem. He noted the field was mowed earlier in the day and he will be able to see if the mounds recur. 11. QUASI-JUDICIAL & LEGISLATIVE PUBLIC HEARINGS 20.029 A. Quasi -Judicial Public Hearing — Resolution No. R-20-01 — Conditional Use for Property Located at 908 U.S. Hiahwav #1 (Transmittal. R-20-01. Staff Resort, Application, P&Z Minutes) RESOLUTION R-20-01 REGARDING A SPECIAL EXCEPTION TO SECTION 54-2- 5.4(c) OF THE LAND DEVELOPMENT CODE TO ALLOW AN INDUSTRIAL ACTIVITY (CONTRACTOR TRADE BUSINESS) AS A CONDITIONAL USE WITHIN THE COMMERCIAL RIVERFRONT (CR) ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED AT 908 U.S. HIGHWAY #1. Mayor Dodd opened the public hearing at 7:35 p.m. and the City Attorney read the title of the request. Ex Parte Communications Council Member Gilliams stated he visited the property and had a conversation with the owners. Council Member Hill stated he had a conversation with Todd Brognano. Regular City Council & CRA Meeting February 12, 2020 Page Eight The City Clerk swore in those who were to provide testimony. Mike Rizzo, President of Family Heating and Air, stated they didn't know about the river district, they are being classified as an industrial style company, and he has mostly heard concem about the trucks, not the service they provide. The Community Development Manager stated this was a request for a special exception and based on what they were doing (warehousing, storage in enclosed buildings, mechanical repair and service, building supply and contractor storage and fleet operations) it was considered an industrial activity which is allowed in the industrial district so their application was asking Council to operate in the commercial riverfront district. She explained per Article III of the Land Development Code, there is a process for the finding of facts by the Planning and Zoning Commission which allows Council to approve with conditions or deny. She said their floor plan and operational plan shows they are requesting office space, show room space, the back will be warehousing, and there will be a fleet operation of 17-18 trucks that will load up daily in the morning and then take off to their customers sharing an access easement with Duncan Donuts. The Community Development Manager also explained that if granted, the special exception would not be consistent with two areas of the City's comprehensive plan; staff recommended denial of the special exception. 7:46 pm Vice Mayor Mauti asked if the City would be liable if this was allowed this since two other contractors were required to tweak their business plans to open businesses recently. The City Attorney advised this cannot be held against the City while it may not be fair, it doesn't create liability; each business should be considered on their individual merits. Council Member Parris asked Mr. Rizzo if he could relocate the fleet and warehousing. Mr. Rizzo explained that his men load at 7:30 in the morning and leave by 8:00 a.m. for their service calls; at the end of the day they take the trucks home with them. He said that he has offered to stagger the trucks. Council Member Gilliams cited the staff conditions on page 107 of the agenda packet (see attached) if the office and showroom activities continued and asked Mr. Rizzo if he agreed with the conditions. Mr. Rizzo said he agreed with the conditions. The Community Development Manager clarified that if Mr. Rizzo continued without the warehousing and fleet, a business tax receipt, signage permit, parking plan and landscaping would be required. 7:56 pm If the special exception was allowed, a full-blown updated site plan (to include parking, landscaping, stormwater, and signage) would be required. Mr. Rizzo said he wanted to keep the company together in one building and proceed with the special exception. 69 of 180 8:04 pm Regular City Council & CRA Meeting February 12, 2020 Page Nine Joe Scozzari spoke in favor of the request. John Harp, 1351 Whitmore Street, spoke in favor of the request. Jonathan Nolan, Vice President, Family Heating and Air, said the company has grown to 17-18 trucks which go home at the end of the day; they are willing to stagger the trucks and he noted that they are a service company as opposed to an industrial company. The Community Development Manager stated they meet some of the criteria for industrial activity which is not permitted in the commercial riverfront. Mr. Nolan said the industrial activity happens at the service calls. At the City Attorney's advice, the City Clerk swore in the last two speakers, as well as Ms. Simmons, indicating their testimony was and will be truthful and accurate. Wanda Simmons said she was for Family Heating and Air. Greg Rooney, Sebastian, said he drives by the location all times of the day and there is never a problem with the trucks. Vera Render, Sebastian, asked how a business moves into a facility that they don't fit in. Mayor Dodd said they did not consult with the City before moving in. Ms. Render stated if they were going to change the rules, why are there rules. The City Clerk swore in three additional individuals. John Christino, said if the business is successful, in a couple of years, there might be 30 vehicles; the commercial riverfront district is there for a reason and they can't make exceptions because a business wasn't aware of the zoning classification in which they are renting. Mr. Rizzo said they used a realtor and weren't aware of the zoning regulations; they have pictures of neighboring businesses making deliveries; he was not interested in renovating someone else's property as requested by the special exception. The Community Development Manager noted the Planning and Zoning Commission recommended denial of the special exception request by a vote of 4-3. She also stated that even though some of the existing trade businesses in the area have been there since 1995, those uses were reconsidered, and subsequently removed from the zoning district. Townhouses were also located behind the site. She said staff will work with them to keep the showroom and office there but recommended denial. Council Member Hill stated it was unfortunate that they didn't get information that they should have gotten; the City does not allow industrial next to residential; it would not be right for them to conduct the industrial activity without the major site plan renovations which they are not willing to do. 70 of 180 Regular City Council & CRA Meeting February 12, 2020 Page Ten MOTION by Council Member Hill and SECOND by Vice Mayor Mauti to deny the request as recommended by staff. Council Member Gilliams stated the City is allowing other businesses to manufacture nearby; he is interested in getting buildings rented and would allow the special exception with conditions. Roll call: Council Member Parris — aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - nay Council Member Hill — aye Motion carried 4-1 to deny the special exception. The City Attorney advised if Family Heating and Air wished to carry on with an office and showroom, no further Council action was necessary. 8:34 pm 20.021 A Prime. Second Readina and Public Hearing - Ordinance No. 0-20-01 — Providinq for Electronic Reportina of Fire Prevention and Safetv Inspections (Transmittal, 0- 20-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ORDINANCE 0-19-06; FIRE PREVENTION AND PROTECTION, RENAMING ARTICLE II; ADDING NEW SUB SECTION (b) TO SECTION 42-28, TO REQUIRE ALL FIRE PROTECTION SYSTEM REPORTING BE SUBMITTED ELECTRONICALLY, AS SPECIFIED; RENUMBERING SUB SECTIONS (c) (d) IN SECTION 42-28; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. (PJ ad 1/29/2020) The City Attorney read the title of Ordinance No. 0-20-01 and Mayor Dodd opened the public hearing at 8:35 p.m. stating this code would allow the City to come up to par with the County to allow third parties to input inspections into one location. There was no public input. MOTION by Council Member Hill and SECOND by Mayor Dodd to approve Ordinance No. 0-20-01 passed with a unanimous voice vote of 5-0. 20.022 B. Second Readina and Public Hearina - Ordinance No. 0-20-02 — Reaardinq Floodplain Manaaement (Transmittal. 0-20-02. E -Mail) AN ORDINANCE BY THE CITY OF SEBASTIAN, FLORIDA AMENDING THE CODE OF ORDINANCES CHAPTER 46 FLOODS TO MAKE MODIFICATIONS TO BRING THE REGULATIONS INTO CONFORMANCE WITH THE MOST CURRENT FEMA - APPROVED, FLOODPLAIN MANAGEMENT ORDINANCE FOR FLORIDA COMMUNITIES THAT IS COORDINATED WITH THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. (PJ ad 1/29/2020) 71 of 18W Regular City Council & CRA Meeting February 12, 2020 Page Eleven The City Attorney read the title to Ordinance No. 0-20-02 and Mayor Dodd opened the public hearing at 8:38 p.m. The City Manager stated these modifications were required by FEMA and requested approval of the ordinance. There was no public input and Mayor Dodd closed the hearing. MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve Ordinance No. 0-20-02 passed with a unanimous voice vote pf 5-0. 12. UNFINISHED BUSINESS 20.011 A. ADDrove Citv Attornev Aareement with Mannv Anon. Jr.. Esa. (Transmittal, Proposed Acireement) 8:43 pm Mayor Dodd stated the Contract Committee had negotiated a contract and he asked the City Attorney to address some newspaper articles regarding the employment of Mr. Anon. City Attorney Stokes stated he was very familiar with what happened in Port St. Lucie where there was a City Attorney that was not performing very well in the eyes of the Council, there was a lot of friction in the legal department leading to an investigation by the Human Resources Department which led to the termination of that City Attorney. He was bought in to fix the legal department and as a result he reorganized the department and Mr. Anon worked under his supervision for a year and half. The situation was brought about an unhealthy environment, he corrected the environment and while he did not terminate anyone a few people left including Mr. Anon. He did see anything in Mr. Anon's conduct that would give him any rise for concern. MOTION by Council Member Hill and SECOND by Mayor Dodd to approve the attorney agreement with Manny Anon, Jr., Esq. Mayor Dodd said he was aware of the unsubstantiated allegations in those two articles against Mr. Anon and no one will tolerate harassment of anybody but the City has an obligation to make sure we don't let unsubstantiated things come about in such a way that it tarnishes an individual and prohibits us from considering an individual for employment. He was not uncomfortable with him. Council Member Gilliams said he did an analysis of the last five years legal expenses which ran on an average of $80-95,000 per year. Mr. Anon's contract is $120,000 plus benefits bringing it up to $160,000 plus additional benefits such as a car when in fact they should hire a law firm with 70 lawyers and put Mr. Anon's contract on hold until they receive the Port St. Lucie investigation. Mayor Dodd gaveled and advised this was not a discussion about whether they hire a law firm but to approve or disapprove Mr. Anon's contract. If the contract was not approved, they would move to the second choice being the law firm. Council Member Gilliams said approving the contract before receiving the investigation was disturbing and made no sense economically. 72 of Il dd Mayor Dodd said people should not allow unfounded innuendo impact them. Regular City Council & CRA Meeting February 12, 2020 Page Twelve The City Manager said Mr. Anon's package included $120,000 for the salary for a total of $162,551. Mayor Dodd stated the salary was within the range determined by Council. Council Member Parris said being a woman, until the investigation was completed, she was not comfortable with the allegations. Russell Herrmann, 586 Redwood Court, said with a cloud over this, for the betterment for the citizens, the contract should be tabled, so all will know what comes out of the investigation. Mayor Dodd pointed out that Mr. Anon reported to City Attorney Stokes for a year and half in Port St. Lucie, he has recommended Mr. Anon, he has found no allegation in the investigation and there was no cloud over this. Roll call: Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - nay Mayor Dodd - aye Vice Mayor Mauti - aye Motion carried 3-2. Mayor Dodd announced that Mr. Anon would be the City Attorney at the end of the meeting. 13. NEW BUSINESS 8:57 pm 20.021 A. Approve Sole Source Aareement with Brvicer. LLC to Provide Web Based Electronic Reportina of Fire and Life Safetv Inspections and Testina; and, Authorize the Citv Manaaer to Execute the Appropriate Documents (Transmittal, Aareement, Summarv, Info. Sole Source Certificate) The City Manager said this is the purchase of the software for the fire apparatus inspections which is integrated into businesses' systems and asked Council to approve this contract. There was no public comment. MOTION by Mayor Dodd and SECOND by Council Member Hill to approve the agreement with Brycer, LLC. passed with a unanimous voice vote of 5-0. 20.030 B. Authorize a Three Year Aareement with Mainstream Merchant Services to Provide Merchant Services at the Sebastian Municipal Golf Course Pro Shop (Transmittal, Proposal, Aareement) The City Manager stated this software will run the merchant services at the Golf Course. James Ryan, Mainstream Merchant Services, said the terminal is stand alone as used in retail and there will not be stored data, just the processing of credit cards. 73 of 18V- Regular City Council & CRA Meeting February 12, 2020 Page Thirteen MOTION by Mayor Dodd and SECOND by Council Member Hill to approve a three year agreement with Mainstream Merchant Services. Roll call: Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Motion carried 5-0. 9:01 pm 20.002 C. Discuss and Consider Fiscal Year 2020-21 Budclet Obiectives (Transmittal, Obiectives) Mayor Dodd asked Council if they would like to discuss any of the listed issues or add any items. Council Member Gilliams asked if a master plan would be discussed to replace the canal walls. The City Manager stated as they maintain the vegetation in the canals, the walls would be looked at. He said a half a million is allocated every year but can't be used until there is an established integrated pest management plan. The City Manager said a study was completed but it didn't define the deficiencies or identify which walls should be replaced. Vice Mayor Mauti asked if the new City Engineer could start an inspection. The City Manager said until they achieve the bid specs, they won't know what to bid or inspect. 20.031 D. Appoint One Council Member to Participate and Serve as Chair on the Audit Services Evaluation Committee for Auditing Services (Transmittal, F.S.218.391) The Purchasing Manager read the background paragraph of her agenda transmittal. It was the consensus of City Council to have Mayor Dodd serve as the Council Member to the Committee. The Procurement Manager stated the Request for Proposal release date has been changed to Monday, February 24tH 14. CITY ATTORNEY MATTERS The City Attorney stated he would work with Mr. Anon during the next couple of days to get him up and running. Mayor Dodd thanked Mr. Stokes for what he has done for the City. 15. CITY MANAGER MATTERS The City Manager reported the Pickleball Courts are almost done and there will be a pickleball paddle toss over the net as opposed to a ribbon cutting. He complimented the Leisure Service Director for his hard work on the project. 74 of 18Y Regular City Council & CRA Meeting February 12, 2020 Page Fourteen 9:23 pm 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Vice Mayor Mauti - None B. Council Member Gilliams asked the City Manager how the Government Affairs Internship Program was coming. The City Manager said he hasn't started on that program. In response to his request for a Citizen's Academy, the City Manager advised that he has met with staff and is putting together a curriculum with a minimal budget impact. Council Member Gilliams said in regard to civility, when someone is speaking they shouldn't be interrupted; elected officials have a right to speak. He asked Mayor Dodd to change his ways or have someone else lead; he would like to have the right to appeal his right to speak. Council Member Gilliams said he was not happy with Attorney Jim Stokes' work product and service. C. Council Member Hill Council Member Hill thanked Attorney Jim Stokes for what he has done for the City and the other Cities that has worked at. He said when dais members are talking poorly about certain police officers or members of the military that have served this community, and they have a criminal history, he asked those members to remember that people appreciate and respect them. D. Council Member Parris i. Reconsider Appointment of Albert lovino to Police Pension Board of Trustees Council Member Parris said she would like to suggest removing Mr. lovino from the Pension Board because she sees a huge sway in decisions by having three police officers on the board. She said she would like to see recycling offered to commercial businesses. Mayor Dodd advised that the County offers recycling but the businesses must pay a fee. The removal of Mr. lovino would be placed on the future agenda. Council Member Hill asked what the cause was to remove Mr. lovino. Council Member Parris said she saw a bias of opinion. Council Member Hill questioned that she didn't see that when she voted to put him on the board. She responded that she had some reconsideration. ii. Consider Council Member Gilliams' Request for a Citizens Task Force was not discussed. 75 of 10 Regular City Council & CRA Meeting February 12, 2020 Page Ten E. Mavor Dodd Mayor Dodd said he did get a letter requesting his resignation as mayor because he couldn't control Council Member Gilliams. He said he had many conversations with people that he trusts, including his wife, who advised him to be more professional with Council Member Gilliams and read the Civility Pledge. He said that he did not plan to resign noting there is no provision to remove the mayor unless he resigns or is removed by the Governor. He stated he will not resign because he cannot control Council Member Gilliams so he will just let him speak unless he jeopardizes the City such as his unfounded allegations tonight. He said he will try to operate in a more civil manner and apologized to those that think he has not been professional but he did not intend to let the Council get into a quagmire that could cause more problems for the City. 18. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 9:30 p.m. Approved at the March 25, 2020 Regular City Council Meeting. Mayor Ed Dodd ATTEST.• Jeanette Williams, MMC — City Clerk 76 of 18V CITY OF SEBAST, HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, FEBRUARY 26, 2020 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Dodd called the Regular City Council Meeting to order at 6:00 p.m. 2. Pastor Seth Goldsmith, Coastal Community Church gave the invocation. 3. Council Member Hill led the Pledge of Allegiance and read the Civility Pledge. 4. READING OF CIVILITY PLEDGE WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES. WE WILL AVOID PERSONAL ATTACKS. 5. ROLL CALL Mayor Ed Dodd Vice Mayor Charles Mauti Council Member Damien Gilliams Council Member Jim Hill Council Member Pamela Parris Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Public Facilities DirectorlAirport Director Scott Baker Asst. Administrative Services Director Cindy Watson Community Development Director Lisa Frazier Procurement/Contracts Manager Ann -Marie Fraser Environmental Technician Kim Haigler Leisure Services Director Brian Benton EngineerlStormwater Director Ken Griffin Police Chief Michelle Morris Deputy Police Chief Greg Wood Police Lt. Tim Wood Detective Steve Marcinik 6. AGENDA MODIFICATIONS - None 7. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS 20.034 A. Proclamation — March For Meals Month - Karen Dieal, President/CEO of the Senior Resource Association Meals on Wheels 77 of 189 Regular City Council & CRA Meeting February 26, 2020 Page Two Mayor Dodd read the proclamation and presented to Ms. Diegl, Virginia Skov, and Shawna Callaghan. Ms. Diegl described the importance of the various programs offered by the Senior Resource Association and invited everyone to serve meals to the homebound March 23, 24, and 25. 20.035 B. Recognition of Sebastian Police Department Crossing Guard Tinamarie loffredo - State of Florida Crossing Guard of the Year Mayor Dodd read the award given to Ms. loffredo by the Florida Department of Transportation and presented her a bouquet of flowers. 20.036 C. Presentation of Certificate of Completion to Council Member Gilliams for the Institute for Elected Municipal Officials Training Sponsored by John Scott Dailev Florida Institute of Government and Florida Leaque of Cities Mayor Dodd read and presented the certificate to Council Member Gilliams. Brief Announcements • Pelican Island Wildlife Festival March 7 at Riverview Park 10 am — 4 pm • Presidential Preference Primary Early Voting in Council Chambers March 7 until March 14 from 8am-4pm • Presidential Preference Primary Election Day March 17 Polls Open from 7 am — 7 pm at your precinct, not at City Hall Chief Morris reassured the public that the City of Sebastian polling places would be safe during early voting. Mayor Dodd displayed a 2020 Census poster noting the public will soon see the posters throughout the City. He said each uncounted person will remove $1,700 per year, for the next ten years, in federal money that will not come back to Indian River County. He said in 2010, the three County Treasure Coast area lost an estimated $2 billion in federal dollars. He asked the public to be sure to be counted. He announced the upcoming events. 8. PUBLIC INPUT Mayor Dodd admonished everyone to uphold the Civility Pledge. Cindy Geesey, resident, invited everyone to the Indian River County Tax Payers Association meeting, March 11 where the City Manager will giving a State of the City address followed by a County Commission candidate debate. Ms. Geesey stated communications on City letterhead by Council as one body must be approved before sending out. She stated she is filing an Ethics Commission complaint on two of the recent candidates. Diana Bolton, George Street, gave kudos to the Council Members and thanked them for their service. She also thanked Environmental Specialist Kimberly Haigler for her work with "Sustainable Sebastian" and the IPM Workshops. 78 of 18q Regular City Council & CRA Meeting February 26, 2020 Page Three She also thanked the Natural Resources Board, Dr. Graham Cox, and the three new Council Members for the "stop spraying initiative." She asked that the shredded tire chips be replaced with something else at three of the City parks. Mayor Dodd said he would have a conversation with her on this. Tim Borden, Fatima Court, said he has a little boy that loves going to the playgrounds which are being taken over by the fire ants. He said until there is a solution he asked that they be sprayed one more time before they can't use them at all. Robert Stephen, 150 Concha Drive, thanked the new Council Members for the moratorium on spraying and suggested removing the fire ant nests surgically. Tracey Cole, Sebastian, said she was speaking on behalf of "Sebastian Voters Against Gilliams and Parris," her group has been intimidated and threats have been made against her and her husband's home which she wanted the Council to know is insured. She requested that two of the Council Members change seats on the dais. Christopher Nunn, Sebastian, said he is one of the leaders for the recall which is a group that want competent and moral leadership from City Council. He said everything on their (recall) Facebook page is from factual information which has a goal and focus. He said intimidation and threats would be taken seriously noting the last two paragraphs on the papers that Council Member Gilliams left on the back table are threatening. He said he speaks for the group who are concerned for retaliation because they are working for a better Sebastian the right way. Dr. Graham Cox, 1213 George Street, thanked Council for what they have been doing regarding pesticides. He said the IPM Sub -Committee has met three times and witnessed the problems first hard at the parks. He reported they are looking at pests and alternative ways to deal with them. He said he is convinced that the Leisure Services Director, Environmental Technician and the parks staff know what they are doing when it comes to the parks. He said now is the crucial month to deal with the pests and he suggested that after Council has heard from the Leisure Services Director they should consider lifting the pesticide ban in the parks with conditions: Continue the IPM Sub -Committee schedule and have the Committee stay active beyond April to look at longer term solutions such as alternative chemicals as well as non-toxic means such as mechanical, cultural, and biological control. He asked Council to unanimously agree to lift the ban in the parks. Patrick Powers, 252 Barbosa Street, said he was a golf course superintendent and was here to help noting it is physically impossible to develop an IPM in six weeks; failure to suppress anything is not cost effective. He said when he went to Clemson University where the Department of Transportation implemented Kudzu to suppress erosion and now they can't get rid of the Kudzu. He asked Council to give the Leisure Services Director the ability to develop the program. 79 of 189 Regular City Council & CRA Meeting February 26, 2020 Page Four William Pellitier, Lobster Terrace, said he has been a resident for 15 years and has an interest in the Council meetings where he has witnessed many changes. He said he had voted for Council Member Gilliams and now he is ashamed and embarrassed and would like to change his vote. Ben Hocker, said Mayor Dodd has changed as a council member within the past three months; there is a small fraction working to impede, restrict, and impeach two of the Council Members. Bill Flinn, member of the community for 35 years, said most of the members of the "Sebastian Voters Against Gilliams and Parris" are City residents, he was outraged with a Facebook post by Council Member Parris and the behavior of Council Member Gilliams at the last meeting which is not what they want to have in a Council Member. In regard to the spraying at the parks, he suggested that the City do a structured change with proven results. Clesson Hammond, Columbus Street, said at the last meeting Council Members Gilliams requested transparency and an investigation regarding the new attorney; he suggested transparency start with Ms. Parris' Facebook post and the deleted text messages from Mr. Gilliams' City cell phone. Judith Evans Gallaghar, Holden Avenue, asked everyone to behave more responsibly; to suggest a recall with no provable evidence of malice or misfeasance is a dangerous way to go as they could be doing it every time they have an election. Brian O'Neill, Member of the IPM Sub -Committee and Natural Resources Board said the Leisure Services Director and his crew are professionals who are being hampered by the spraying ban; the longer the City waits the more it will cost the City. The green chemicals and mechanical removal are not cheap so there will be some budget issues to address. Russell Herrmann, 586 Redwood Court, said last November three new Council Members were elected by the citizens of Sebastian, defeating three fine people that badly handled the citizen enlightenment regarding the Graves Brothers annexation. Pat Mandell, Carnival Terrace, said she is against the recall but if they were to talk about it, she asked why they aren't recalling Council Member Hill. She said the new Council Members are for transparency, they have welcomed the residents and been listening to them. Larry Mandell said everybody had their opportunity during the election to present their cases and Council Member Gilliams and Parris won. He said if people don't like them they can be removed at the next election. Louise Kautenburg, 26 year resident, stated there was an implication that citizens have been restricted from speaking to City Council and it has never happened; as long as the rules have been followed, people have been able to speak their mind. Regular City Council & CRA Meeting February 26, 2020 Page Five 7:07 pm She said the recall election is a legal process promulgated by the state of Florida and those concerned just have to show up and vote their own feelings. Mayor Dodd reported there was some vandalism to Council Member Gilliams' cars and the foyer of his real estate building which is unacceptable behavior. The individuals involved in the recall have the right to go through the process; everyone should respect that as well as respect those that don't want a recall. Council Member Gilliams said he was for the recall if it is justifiable but shame on those who come to his home and throw eggs on his vehicles and at his business. He said if people wanted to come to his home to meet, just call him but don't vandalize his property. 9. Recess City Council Meeting and Convene as Community Redevelooment Aaency, A. MOTION by Council Member Hill and SECOND by Council Member Gilliams to approve the January 22, 2020 FebFuaFy 26z020 CRA minutes passed with a voice of 5-0. (Editor's note: February 26 was listed on the agenda but the January 22 minutes were provided for approval in the agenda packet.) B. Septic to Sewer Grant Proqram i. Consider Grant Request for 1644 N. Central Avenue — Kelly Residence (Transmittal, Application, Deed, Tax Receipt, Permit, Invoice) MOTION by Mr. Hill and SECOND by Mr. Gilliams to approve the grant request for 1644 N. Central Avenue. Roll call: Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Motion carried 5-0. ii. Consider Grant Reauest for 1662 N. Central Avenue — Hall Residence (Transmittal. Application, Deed, Tax Receipt, Permit, Invoice) MOTION by Mr. Gilliams and SECOND by Ms. Parris to approve the grant request for 1622 N. Central Avenue. Roll call: Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Motion carried 5-0. iii. Consider Grant Reauest for 1698 N. Central Avenue — Commercial (Transmittal, ADDlication, Deed. Tax Receipt. Permit, Invoice) 5 81 of 189 Regular City Council & CRA Meeting February 26, 2020 Page Six 7:15 pm MOTION by Mr. Hill and SECOND by Chairman Dodd to approve the grant request for 1698 N. Central Avenue. Roll call: Mr. Hill - aye Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Motion carried 5-0. iv. Consider Grant Reauest for 1805 Central Avenue — Sebastian Communitv Center (Transmittal. ADplication. Plat. Easement. Tax Receipt. Invoice) MOTION by Vice Chairman Mauti and SECOND by Mr. Gilliams to approve the grant request for 1805 N. Central Avenue. Roll call: Ms. Parris - aye Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Motion carried 5-0. v. Consider Grant Reauest for 608 Davis Street — Nilsson Residence (Transmittal., Application. Deed. Tax Receipt. Permit. Invoice) MOTION by Vice Chairman Mauti and SECOND by Mr. Gilliams to approve the grant request for 1805 N. Central Avenue. Roll call: Chairman Dodd - aye Vice Chair Mauti - aye Mr. Gilliams - aye Mr. Hill - aye Ms. Parris - aye Motion carried 5-0. 10. Chairman Dodd adjourned the Community Redevelopment Agency meeting at 7:15 p.m. and reconvened the City Council meeting. 11. CONSENT AGENDA 20.037 A. Approve 2020/2021 Show Dates for Sebastian River Art Club at Riverview Park (Transmittal, Letter, Application) 20.038 B. Approve Concrete Services under the Concrete Construction Service Agreements with Tim Rose Contracting, Inc. for the New Pavement Swale Regrading Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) Regular City Council & CRA Meeting February 26, 2020 Page Seven 20.038 C. Approve the Piggyback to the City of Palm Bay QUO #10-0-2020/MS, Sod to include Pickup and Delivery with Nail Farms, Inc. for the New Pavement Swale Regrading Project - Not to Exceed $20,000 (Transmittal, Piggyback, Bid Tab, Award, Code Sec. 2-10) 20.039 D. Approve Alcoholic Beverages for Klenck Family Event at Community Center on April 25, 2020 from 10:00 a.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) Vice Mayor Mauti asked to pull item #B. MOTION by Council Member Hill and SECOND by Council Member Gilliams to approved consent agenda items A, C and D. Roll call: Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Motion carried 5-0. Item B Vice Mayor Mauti asked how great of an area the $40,000 was going to cover. The City Manager said this should take care of the driveways of the roads that we have resurfaced this year. He offered to provide the number of driveways that needed to be replaced. MOTION by Vice Mayor Mauti and SECOND by Council Member Gilliams to table item #B until the next Council meeting. Council Member Hill noted this was budgeted; it is not to exceed the amount and would need to come back to Council if it went over; and, the concrete contractor was the lowest bidder for the 'continuing services' agreement. He favored passing Item B. Roll call: Council Member Gilliams - aye Council Member Hill - nay Council Member Parris - aye Mayor Dodd - nay Vice Mayor Mauti - aye Motion carried 3-2. 12. COMMITTEE REPORTS & APPOINTMENTS 20.010 A. Inteqrated Pest Manaqement Parks Update (Transmittal) Mayor Dodd thanked the Leisure Services Director and Environmental Technician for their work on this plan which is in addition to their normal workload. 83 of 18q Regular City Council & CRA Meeting February 26, 2020 Page Eight The Leisure Service Director said they have identified some biological, cultural, and mechanical solutions that will reduce the use of chemicals in the long term. Last week the committee members visited Barber Street and Friendship Park. The Environmental Technician said the committee has received a draft of the first section of the plan which is the implementation, scheduled reporting and community outreach elements. The committee has come to the determination that the biological, cultural, and mechanical control methods can maintain the pest populations up to a certain threshold but are not effective once the pest populations have surpassed that threshold; once under control other biological methods could be introduced again. Christine Kelly-Begazo, IFAS Extension Agent, said she has been reading the committee's documents and she believed they are on the path for a firm, yet reliable plan for implementing an integrated pest management plan in the County as well as City. Council Member Parris asked if there was any temporary solution. Ms. Kelly-Begazo said there is an acceptable level of threshold, once over that level it is difficult to control those pests so they will have to use chemicals to bring the population down to be controlled by other methodologies which rarely need to be treated again; the present level does need a chemical product. She said there is a whole variety of chemicals but it depends on the pest; glyphosate is good when used properly noting homeowners are using glyphosate because it is cheap, easy to use and effective. She advised to use the expertise of their staff. Ms. Kelly-Begazo said there are a couple different methodologies for fire ants. Ms. Kelly-Begazo said fertilizer applicators they are required to take the restricted use program (RUP) class and she recommended that the City's staff take this class. She said some of the best management practices guidelines are regulated by FDACS. Council Member Hill noted the IPM is a part of the best management practice plan; it will decide what type of plant to put where, irrigation spacing and what type of pesticide should be used all with the least environmental impact. MOTION by Mayor Dodd and a SECOND by Council Member Hill to suspend the rules to allow Council to take action and allow the Leisure Services Director to do some things now or they will have problems. Mayor Dodd explained they cannot take action under this heading. The City Attorney advised that suspending the rules would require two-thirds vote. There was a unanimous show of hands to suspend the rules by Council. The Leisure Services Director said the fire ants, mole cricket larvae, dollar weed, crab grass, sedge grass, torpedo grass, and coos grass were a concern at the parks. MOTION by Mayor Dodd and SECOND by Council Member Hill to allow the Parks Department to selectively treat the pests as needed to keep the parks in shape but not include the use of RoundUp. Regular City Council & CRA Meeting February 26, 2020 Page Nine In response to Council, the Leisure Services Director stated the lifting of the ban was not discussed at the IPM workshop, only that they need to move forward with what they know works for the fire ants. 7:43 pm Tom Hill thanked Council for letting the Leisure Services Director get the parks under control. Dr. Graham Cox said they should use these months to get the pests under control. Diana Bolton said the Leisure Services Director and Environmental Technician did not give the D- Limonene/citrus based oil adequate time to work. She said she didn't want to lift ban because they need another fix; they should continue to look for alternatives. Ben Hocker asked if the golf course maintenance contract included taking care of the grass. Mayor Dodd advised that the contractor was. Bob Stephen asked if they were lifting the whole ban. Mayor Dodd said only for the parks. The Leisure Services Director said they would use Top Choice at Barber Street and Advion on the mounds at the passive parks for the fire ants. Council Member Gilliams asked to amend the motion to allow a review every 30-60 days. Mayor Dodd said he was not in favor of amending his motion because he was comfortable with staff's discretion noting the Leisure Services Director would be providing IPM Subcommittee reports at future Council meetings. Council Member Parris asked if the fire ants would be controlled until April 8. The Leisure Services Director said it would allow them to get a better handle on what is happening and asked them to remember the thresholds are above where they should be; they will continue the IPM process and look for biological means. Vice Mayor Mauti said he was in favor of following what Dr. Cox said and let staff take action. Roll call: Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Motion carried 5-0. Mayor Dodd thanked Dr. Cox and the other gentleman who is the golf course manager. He said he was excited that they will end up with something that will probably be used by all of Florida. 13. PUBLIC HEARINGS - None 14. UNFINISHED BUSINESS 15. NEW BUSINESS Regular City Council & CRA Meeting February 26, 2020 Page Ten 20.018 A. Consider Council Member Parris' Reauest Reaardina Police Pension Board of Trustee Member Albert lovino (Transmittal. Parris' Reauest. Stokes' Determination) The City Attorney stated he has reviewed the request from Council Member Parris and the former City Attorney's legal opinion. He said at the bottom of page 79, it stated that Mr. lovino has not started his service yet which he confirmed with the Pension Board's attorney so there is no malfeasance, misfeasance or abandonment of office. The City Attorney also advised that state law provides that the Governor can remove someone for certain circumstances so they can only remove for "without cause" which will require a super majority vote. Council Member Parris said she wanted to set back her motion after having a meeting with Chief Morris because the Chief advised that volunteers are hard to find. She rescinded her request. The City Attorney also advised that the only requirement for the position for which Mr. lovino was appointed to was that he be a resident, for which he is. The matter was considered a none -issue and Mr. lovino would remain on the board. 8:07 pm 20.040 B. Approve Budaet Adiustment and Work Services Aareement with Johnson-Laux Construction. LLC to Desian Build a Multi -Purpose Hanaar and Office Buildina at the Sebastian Municipal Airport (RFQ #19-04) for the Neaotiated Guaranteed Maximum Price of $2.188.752.58 and Authorize the Citv Manaaer to Execute the Appropriate Documents (Transmittal, Minutes Excerpt. Proposal, Aareement) The City Manager said Johnson-Laux was approved to negotiate a guaranteed maximum price to design the multi-purpose hangar. The City Manager said there are a couple of tenants waiting to rent the building; there is never a guarantee for unforeseen change orders; and, an appraisal will be on file before the building is leased. MOTION by Council Member Hill and SECOND by Mayor Dodd to enter into a work services agreement for a negotiated GMP of $2.189M with Johnson-Laux Construction, LLC, vendor of RFQ #19-04 to design build a multi-purpose hangar and office building at the Sebastian Municipal Airport and approve increasing the project budget for added grant revenue and using DST reserves for the added City matching share. Donna, tenant at the airport, thanked Council for supporting the Airport and leveraging FAA money to make the Airport self-sufficient. Council Member Hill congratulated staff and noted FDOT will be providing $1.75M for an injection of economic development at the Airport; there will be tens of thousands of engineering jobs in southern Brevard County and there will be a need for light industrial property at the Airport. He looked forward to continuing the development of the Airport. Regular City Council & CRA Meeting February 26, 2020 Page Eleven Vice Mayor Mauti asked the City Manager if he was promoting the Airport. The City Manager reported all of the City's websites are being revamped at this time and will be completed in June. He said he would be bringing a contract to them called Retail Strategies who will find companies to occupy vacant retail properties throughout the City. Roll call: Mayor Dodd - aye Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye 20.041 C. Approve Chance Order #4 to Dickerson Florida for Airport Pavement Markings and Chanqe Order #2 to Infrastructure Consultina Enaineerina for Inspection Services for a Total Amount of $52.978.73 (Transmittal. Dickerson CO#4. ICE CO#2, Billinq Summarv) The City Manager said this was the final close out expenses for Taxiway 'C.' MOTION by Council Member Hill and SECOND by Mayor Dodd to approve Change Order #4 to Dickerson Florida for Airport Pavement Markings and Change Order #2 to Infrastructure Consulting Engineering for Inspection Services. Vice Mayor Mauti stated he reviewed this item with the City Manager and found everything to be in accordance as he stated. Roll call: Vice Mayor Mauti - aye Council Member Gilliams - aye Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Motion carried 5-0. 16. CITY ATTORNEY MATTERS The City Attorney thanked Council for the opportunity to work with them. 17. CITY MANAGER MATTERS The City Manager announced the grand opening of the pickleball court would be March 5cn at 9 a.m. He reported that the RFQ for engineering services to review the annexation process did not receive any responses and asked Council to suspend the rules to allow him to move forward with a review by the Treasure Coast Regional Planning Council. MOTION by Mayor Dodd and SECOND by Council Member Hill to suspend the rules. (A supermajority vote was needed.) 11 87 of 189 Regular City Council & CRA Meeting February 26, 2020 Page Twelve Roll call: Council Member Gilliams - nay Council Member Hill - aye Council Member Parris - aye Mayor Dodd - aye Vice Mayor Mauti - nay Motion failed 3-2. 18. CITY CLERK MATTERS - None 19. CITY COUNCIL MATTERS A. Council Member Gilliams welcomed the new City Attorney and asked for the status of the Judge's ruling on the annexation. The City Attorney reported that the Judge transferred her file to the attorneys and hopefully they are drafting an opinion. He commented that their last meeting, the approval of the Pelican Island Wildlife Festival provided that traffic would be directed into the CAVCORP parking lot where people would be getting in and out of their cars. He asked if there could be extra traffic control. There was no further action taken in regard to Council Member Gilliams' request. He asked everyone to take precautions regarding the Coronavirus. In regard to his request for a shadow program, the City Manager reported that the Human Resources Manager has been in touch with the Indian River State College. Council Member Gilliams asked him to reach out to the high school as well. In regard to repairing the canal walls, the City Manager stated the new City Engineer plans to do a complete RFQ for engineering and a new Stormwater Master Plan with federal funding sources. The City Manager reported the signs were posted at the Golf Course regarding the herbicide and pesticide spraying; and he did take down the sign at the Chamber of Commerce parking indicating that certain spaces were for the Chamber only. He also reported that the appraisal for the Harbor Lights Hotel was due to be completed the second week of March, then there will be a workshop as to its future. Council Member Gilliams asked for an update on the Virgin Train's safety crossing, quiet zone and additional money that will be needed to protect the community. The City Manager said the Melbourne engineer is currently trying to schedule a meeting with the City Manager. Council Member Gilliams asked for the franchise agreements to review, noting Waste Management is the exclusive provider for dumpsters in the City and asked why commercial businesses can use different vendors. The City Manager explained that businesses can use any vendor for 20 yards or smaller to include a roll -off dumpster. In response to his question regarding 5G antennas in the right-of-way, the City Manager said the Legislature has pre-empted where the antennas can go. The City Manager did not have an update on the American Legion's site plan. 88 of 18Vj Regular City Council & CRA Meeting February 26, 2020 Page Thirteen The City Manager said staff had recently evaluated all facilities for ADA compliance and made the necessary repairs. In regard to the handicapped playground, the City Manager stated there are plans to put inclusive equipment throughout the neighborhood parks. The City Manager reported that the City did receive a response from the Dept. of Economic Opportunities (DEO) regarding the Graves Brothers future land use map and noted the comp plan revision was currently underway. He offered to provide DEO's comments to Council. B. Council Member Hill congratulated staff for a well done meeting. The City Manager said he would meet with any Council Member as requested. C. Council Member Parris said she was pleased with the professional climate of tonight's meeting. She asked for an update on the parking garage. The City Manager stated there is a study that may include a parking garage but that study is not completed yet. The City Manager stated the City could not pursue a negotiator for the Chapter 164 process with the Council until the process is done. D. Vice Mayor Mauti asked to move the March 23 Council meeting to March 18. There was no objection from the Council members. The March 23 was rescheduled to March 18. Vice Mayor Mauti asked if one of the benches was repaired by the boat launch. He thanked staff for their response regarding a swale earlier in the day. E. Mayor Dodd asked that if anyone has a letter from a Council on the City's letterhead to provide that letter to the City Attorney. Mayor Dodd said the City has hired SMARSH to capture texts and pictures from City cell phones and the City is exploring avenues to recover recent missing text messages. He also said the meeting has been a pleasure and hoped they can continue in the same manner. He asked that the meeting procedure resolution be brought back to the next meeting to add the Civility Pledge and a couple of other items to change. Mayor Dodd thanked those that addressed the City tonight during public comment and noted those interested in the recall have the right to do what they are doing and Council did not have the right to interfere. 20. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 8:46 p.m. Approved at the March 18, 2020 Regular City Council Meeting, Mayor Ed Dodd ATTEST: 13 89 of .189 Jeanette Williams, MMC - City Clerk MOF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: March 11, 2020 AGENDA ITEM TITLE: Acceptance of the Annual Sebastian CRA Report RECOMMENDATION: Move to accept the 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. The annual Sebastian Community Redevelopment Agency report of activities for the fiscal year ending September 30, 2019 was accepted by the Community Redevelopment Agency Board of Directors on March 11, 2020 at the regularly scheduled meeting. Following acceptance by the City Council, the report will be published on the agency's website. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: NA Administrative Services Department Review: ATTACHMENTS: 2019 Annual Sebastian CRA Report (See CRA Board Agenda Item) City Manager Authorization.: ` Date: 90 of 189 CM SE�T�V HOME OF PELICAN 15LAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinp- Date: March 18, 2020 At-relida Item Title: Resolution R-20-03 Abandonment of Rear Easements Recommendation: Adopt Resolution R-20-03 Background: The applicant is requesting abandonment of the two side yard public utility and drainage easements located on the easternmost five (5) feet of Lot 1 and the westernmost five (5) feet of Lot 2, Block 121, Sebastian Highlands Unit 4, less the northernmost ten (10) feet thereof. The property owner wishes to construct a single family dwelling on the double lots which have been joined by a Unity of Title. All applicable utility entities have given their approval for the abandonment, including FP&L, AT&T, Comcast, IRC Utilities, City Engineer and Public Works. If Agenda Item Requires Expenditure of Funds: NIA Administrative Services Department/CFO review: Attachments: 1. R-20-03 2. Site Map 3. Staff Report 4. Utility Approvals 5. Application City Manager Authorization: Date: 91 of 189 RESOLUTION NO. R-20-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 1 & 2, BLOCK 121, SEBASTIAN HIGHLANDS UNIT 4; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Michael J. Calie, owner of the land at 898 Campbell Avenue, Sebastian, Florida, has filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for public utility and drainage easements described as follows: The (side yard) utility easements located on the easternmost five (5) feet of Lot 1 and the westernmost five (5) feet of Lot 2, Block 121, Sebastian Highlands Unit 4, less the northernmost ten (10) feet thereof, as recorded in Plat Book 5, Page 100, of the Public Records of Indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. Indian River County, Florida. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public records of 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 fiuther action of the City Council by filing a corrected copy of same with the City Clerk. 92 of 189 Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Charles Mauti Councilmember Damien Gilliams Councilmember Jim Hill Councilmember Pamela Parris The Mayor thereupon declared this Resolution duly passed and adopted this 18'� day of March, 2020. CITY OF SEBASTIAN, FLORIDA LIM ATTEST: Jeanette Williams, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: Manny Anon, City Attorney Ed Dodd, Mayor 93 of 189 CMLlf SEB'ST!f Q�� HOME OF PELICAN ISLAND ABANDONMENT OF EASEMENT Staff Report 1. Project Name: New Residence for Michael J. Calie 2. Requested Action: Abandonment of the (side yard) utility easements located on the easternmost five (5) feet of Lot 1 and the westernmost five (5) feet of Lot 2, Block 121, Sebastian Highlands Unit 4, less the northernmost ten (10) feet thereof. 3. Project Location: a. Address: 898 Campbell Avenue, Sebastian, Florida b. Legal: Lots 1 & 2, Block 121, Sebastian Highlands Uiut 4 4. Property Owner: a. Name: Michael J. Calie b. Address: 169 Filbert Street Sebastian, Florida 32958 (201)741-9641 5. Project Agent: a. Name: Michael J. Calie b. Address: same as above 6. Project Description: a. Narrative of proposed action: Application has been made for abandonment of the (side yard) utility easements located on the easternmost five (5) feet of Lot 1 and the westerninost five (5) feet of Lot 2, Block 121, Sebastian Highlands Unit 4, less the northernmost ten (1 0) feet thereof The applicant wishes to construct a new single-family residence which is proposed to be built within the casement areas (see survey). 95 of 189 b. Zoning: RS -10 C. Future Land Use: LDR d. Existing Land Use: Vacant 7. Utilities Comments: a. Florida Power & Light: Approved b. BellSouth/AT&T: Approved C. Comcast Cable: Approved d. Indian River Counter Utilities: Approved e. Cit} Engineering (drainage): Approved f. Public Works Approved 8. Planning and Zoning Division Comments: Tile lots have been joined by a Unity of Title that was recorded February 26, 2020, BK: 3275 PG: 252. 9. Staff Recommendation: Approve Resolution R-20-03 Prepared by Michelle Faulkner, Planner � 0 Date MTOMMOTOE 0ryOF SEBAST�N HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 a FAX (772) 388-8248 www.cityofsebastian.org REQUEST FOR ABANDONMENT OF EASEMENT February G, 2020 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Descriotion of Easement to be abandoned: The (side yard) utility easements located on the easternmost five (5) feet of Lot 1 and the westernmost five (5) feet of Lot 2, Black 121. Sebastian Highlands Unit 4, less the northernmost tell (10) feet thereof. Location of Easement: 898 Campbell Avenue, Sebastian, FL, 31-958 CITY ENGINEER: Kenneth Griffin, Public Works Director\City Engineer APPROVED: I/ DENIED: DATE APPROVED/DENIED BY: COMMENTS: I (Sitore) Return to: Michelle Faulkner, Planner, Community Development Dept. nifaulkner(u cilyofscbastian.ora or Fax (772) 388-8248 Via: Hand Delivery A [��G':2 D 97 of 189 anuF SEPASTLA HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN. FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cltyofse b ast la n.org REOUEST FOR ABANDONMENT OF EASEMENT February 6, 2020 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your Comments. Description of Easement to be abandoned: The (side yard) utility easements located on the easternmost five (5) feet of Lot I and the westernmost five (5) feet of Lot 2, Block 121, Sebastian Highlands Unit 4, less the northernmost ten (10) feet thereof. Location of Easement: 898 Campbell Avenue, Sebastian, FL, 32958 UTILITY: Peggy Bowman, Bell SoutblAT&T Via email: pb1202(a-att.com _�-7 APPROVED. DENIED: DATE: APPROVED/DENIED BY: L , ignatur�e) COMMENTS: Return to: Michelle Faulkner, Planner, Community Development Dept. mfaulknerNu cityofsebastian.url- or Fax (772) 388-8248 INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY ** TIME RECEIVED REMOTE CSID DURATION PAGES STATUS February 6, 2020 at 1:36:22 PM EST 59 1 Received From: o2/ob/2020 13:33 M003 P.001/001 CITY OF HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org REOUEST FOR ABANDONMENT OF EASEMENT February 6, 2020 The City of Sebastian is considering a request to abandon a portion of the easement described below. Please review this request in regards to your public utility services and provide your comments. Description of Easement to be abandoned: The (side yard) utility easements located on the easternmost five (5) feet of Lot I and the westernmost five (5) feet of Lot 2, Block 121, Sebastian Highlands Unit 4, less the northernmost ten (10) feet thereof, Location of Easement: 898 Campbell Avenue, Sebastian, FL. 32958 UTILITY: Sandra Stockner, Comcast Via Fax: (561)454-5899 APPROVED: J DENIED: DATE: APPROVED/DENIED BY: Daniel Tiburcio T%ua�%r�uhcre (Signature) COMMENTS:ROVED j y Daniel Tiburcio at 1:43 pm, Feb 06, 2020 I — J Return to: Michelle Faulkner, Planner, Community Development Dept, mfaulkner(ucitvofsebastian.orp, or Fax (772) 388-8248 99 of 189 n CX SEBAST" HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT I`1kPARTMENT 1225 MAIPI STREET m SEBASTIAN. FLORIDA 32958 TELEPHONE 5772) 589.5518 is FAX(772)388-8248 www.0yofse bastion. otg REOIJ rS`1' P'01Z ABANDONMENT OF EASE:NIENT Februer3, 0, 2020 The City u1' Sellastiim is considering a request Icl abandon li portion 111 the eilsenleni described below. Please review this request in regards to your public utility services and provide your conlnlents. Description of Easement to be abandoned: The (side yilrd) ulility ei:semcrtts Ideated 011 the easternmost five (5) feet cif' Lot I and the ivesternmosl Five (5) feet of Left 2, Block 121. Sebastian IIiulikinds Unit 4. less the northerillllost tell ( 10) (eel thereof. Location of' Easement: 8914 Campbell Avenue. Sebastian. FL. 32958 U-TIL.1TY: Kevin N. Osthus, I.R.C. Utilities Via email: kosthus(uirclu%xum APPROVED: i< DENIED: DATI=: 02/11/2020 APPROVED/DENIED BY: / +L Od�6� - Indian River County - Utilities Department (Si�ilature) C OMMEN,rs: Return to Michelle I11u1[cner, Planner. Community Development Dept. III laUIklicrr1i City daebastian.ui i or Fax (772) 388-8248 100 of 189 (flys-i rz HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 u FAX (772) 388-8246 www.cilyofsebusiian.org REOUEST FOR ABANDONMENT OF EASENIEN'I' February G, 2024 The City of Sebastian is considering, a request to abandon a portion of the easerllent described below. Please review this request ill regards tO yOur public Ulility services and provide your comments. Description of Easement to be abandoned: The (side yard) utility easements located oil the eastemnosi five (5) feet of Lot 1 and the westernmost five (5) feet ol* Lot 2, Block 121, Sebastian Highlands Unit 4, less the northernmost ten (10) feet ihereol: Location of Easement: 898 Campbell Avenue, Sebastian, FL. 32958 ITHI 1TY: Karen Doran, FPL Via entail: Karell.Dora n@i)fpl.conl APPROVED: x DENIED: APPROVED/DENIED BY: HERBERT FLOWERS (SignatLlre} cONRMENTS: APPROVED DATE: 03/03/2020 !fes r7.//Ge.[/Ci !✓,�l L[ r�s, IReturrl to: Michelle Faulkner, Planner, CL1111111LIlllty ❑evelopinviit Deplt nitaulkncrrreil cllsehuslixn or Fax (772) 388-9248 101 of 189 Lary Permit Application No. SERAST" City of Sebastian Development Order Application I Applicant (If not owner, written authorization`notarized) from owner is required) f Name: _ Addre s: fh{ Ila 9 Phone Number: ( ) - FAX Number: ( } - r 7y/ 9& y/ E -Mail: _ Owner (if different from applicant) Name: - Address: Phone Number: ( ) - FAX Number: E -Mail: — - Title of permit or action requested: 5d� rTA#JaoN M r�1_� 8L tFJ%S L --)Ll L� PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERt.11T OR ACTIOty THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" $Y 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information �s�-/ r�11 ptel Ad�,r a/ _ Lot: Block: Unit: Subdivisio - Indian River County Parcel #: �3©ado Zoning Classificatio (l Future Land Use: Existing Use: Proposed Use: f C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if �ne)cessar{/v): J6 -3L 13 OCX r- DATE RECEIVED: FEE FEE PAID: $ 050 07> RECEIVED BY: 102 of 189 Permit Application No - D. Project Personnel: Agent: - - - Name: Address Phone Number: ( ) - FAX Number: E -Mail: — - -- Attorney: - - — Name: Address Phone Number: ( } - FAX Number: E -Mail: — 1 Name: Address 8- ev (�Avt 1)4, /v k't Ci- A 0ufi (U L= 'F5 a9 q d Phone Number.- ( - FAX Number: E -Mail: - Name: 771_�i Address 2 1 Phone Number: ( - FAX Number: ( - �i • ' ` E -Mail: 0!-- c BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ I AM THE LEGAL. REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE T HE BEST OF MY KNOWLEDGE AND BELIEF, S NATURE (( ff DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PR9DUCED1 l7 L AS IDENTIFICATION, THIS DAY OF J J(-Lj J_ , 20-L9. NOTARY'S SIGNATURE PRENTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: MICHELLE FAULKNER _ CommEBslon # GG 112:148 Q Ex plies July 2U, 2021 '. Bor,Ced TIw Troy Fsfn Iriurame 800-Z-7019 o oi 89 Permit Application No. The following is required for all comprehensive pian amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE. )(THE OWNERS) 1 _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJE OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY 1J11AIVE ANY OBJECTION OR DEFENSE I11P/E MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT lS BEING SIGNED BY MEADS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. s_I/%9 IGNATURE f r MTE Sworn to and subscribed before me by who is personally known to me or pro aced P'L.OL-- as identification, this I day of j 201`1 Notary's Signature Printed Name of Notary Commission No./Expiration Seal: -Q " MICHELLE FAULKNER Commission 8 GG 112348 V Expires JU4y 20, 2021 Bongo Ttw Tmy Fain insurancm 800.185.7019 104 of 189 Permit Application No. Supplemental information Easements, vacation of 1. Describe the easement to be vacated (provide a legal description, if possible): 2. Why is this vacation of easement being requested? ke (� To A 7-0 Ad /-/C- 3. -/C 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. 105 of 189 Page 1 of 2 3120200007620 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDMAN RIVER CO FL B& 3275 PG: 252, ?!6!2020 2:15 PM CITY OF SEBASTIAN WHEREAS, the undersigned is the fee sbq* owner (s) of the Nowmg descried property skasw in lndisn Riva County, Florida, 31381100001121000001.0 S®I1S1 M MUANDS UNIT 4, BLK 121, LOT I 31381MM11210000MA S®AMM KMKUL40S UNIT 4, BLK 121, LOT 2 WiMMAS. the undersigned baa made application for issuance of a developmoat order affecting the above dcKrbed pwcck and WHEREAS, the paroels meet the for issuance of such d ., d order only if the parcels ane bold as a single parcel of hmd, NOW. THE usew w, the andersipod, in . . ; , , , .. , of the isabaooe of said. di , , , .. t Order by the (Sty of Sebastian, Indian River Cm*, Florida. covenants that the abowdactlbed paroals of land will be bold in common own=*Jp as a single parcel of land and will not be rAdivided. Any ocnveyance, .1 , , ., or lease of less than all of the above =rib ed parcch (bot not inclueling a conveyance of an undivided inDaest, remainder iaienest, life estate, or estate for years in the entire parcels or the grant of a pabiioim'lity or easement over a portion of the parcel) without the recorded wrinen coneentof the City of Sebastian"be a violation of this covenant and may result in the property being in violation of the �, , .. of the City of Sebastian, and such violation shall rot be allowed to 000titin, pursuant to Article VM of tie Land Davrlopment C.ode. 'Ibis restrictive covenant shall run with the land and shall be binding on the undersigned's in title Witness the hand and seal of the undersigned, this a day of February, 2020. Signed in our p npengc; seta Printed N I -h Civ Sigmem of Applicant 106 of 189 httvs://ori.indian-river.ore///DocumentIGetDocumentForPrintPNG/?rea uest=AOAAANC... 2/12/2020 BK.' 3275 Pc: 253 STATE OF FLORIDA AWN i. r 16 * 1211. kITUP 7 Page 2 of 2 The fo ' was wJmmkdged before me this At day of 20 _�! by (►�' iCul vt- , who is pasaosily lmwwa to me or reed PL - n L . (�ai8caaon}. �- IDL7tF1lP FMIilM �airrbntootttt+e e��7m,2ott a■wm.norF+��n , ARY My commission mmbw. My commisdm expires: The undersigned, as the owns and holds of a mortgage on one or more of the above descnbed parcels, hereby jom in this decilwation for the purposes expressed therein. Signed in our pceae= Mottgagoe By: S*At= of Witaeaa Signature Primed Name: Printed Name: Signature of Witness Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RMM The faagoing !' ., , ,,, ,., was ackwwledged before me this, day of , 20,, by , as (title) for (corporation) who is pa may bum to me or produced (idea fmalion). NOTARY PUBLIC My commission number: My commission expires: 107 of 189 httvs://ori.indian-rivcr.orp,///Document/GetDocumentForPrintPNG/?requesrAQAAANC... 2/12/2020 M ct SERV ;;iPtA-w HOME OFPEUCANISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date: 1S March 2020 Agenda Item Title: Forfeiture Fund Distribution Recommendation: Approve donation in the amount of $1,000.00 to the Substance Awareness Center on behalf of the Sebastian Police Department. Background: The Substance Awareness Center is a non-profit organization that provides services to our community If Aqenda Item Requires Expenditure of Funds: Total Cost: $1,000.00 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: Fund to Be Utilized for Appropriation: Forfeiture Furl Administrative Services Department Review: -3_ Attachments: 1. Florida Statute 932.7055 2. Letter from Chief 3. Letter from SAC City Man -ri& Aut oriz igr�: i Date: __74, 108 of 189 Statutes & Constitution :View Statutes : Online Sunshine Page l of 4 Select Year: 2019 u Go The 20ig Florida Statutes Title XLVII Chapter 932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property. -- (i) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) if the forfeited property is subject to a lien preserved by the court as provided in S. 932.703(7) (b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1), (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other taw enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon 09 of 1 �� http://www.leg.state.fl.usISTATUTESlindex.ef n?App_jnode=Display_Statute&Search_ t... 311 2020 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of 4 appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. Any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The local law enforcement agency has the discretion to determine which program or programs will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program or programs. The minimum requirement for expenditure or donation of forfeiture proceeds established in subparagraph 3. does not preclude expenditures or donations in excess of that amount. (6) if the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shalt be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Department of Environmental Protection, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited in the Internal Improvement Trust Fund, the Water Quality Assurance Trust Fund, the Inland Protection Trust Fund, the Coastal Protection Trust Fund, or the Solid Waste Management Trust Fund, as specified by the statute under which the violation occurs. (c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act sha€l be deposited into the Department of Highway Safety and Motor 110 of 18 http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search St... 3111 2020 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 4 Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1)(b), as applicable. (e) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379,337. (f) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (g) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (h) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's appropriate local account. (i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (j) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175, as applicable. (k) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (l) The Division of Investigative and Forensic Services in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti arson rewards. (m) The Division of Investigative and Forensic Services of the Department of Financial Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43, as applicable. (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. 111 of 1 http:l/www.leg,state. flus/STATUTES/index.cfm?App_mode=Display_Statute&Seareh_St... 3/192020 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 4 (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History. -5. 5, ch. 92-54; s. 2, ch. 92-290; s. 21, ch. 94-265; s. 479, ch. 94.356; s. 5, ch. 95-265; s. 72, ch. 96.321; s. 41, ch. 96.418; s. 2, ch. 98-387; s. 3, ch. 98.389; s. 4, ch. 98-390; s. 5, ch. 98-391; s. 2, ch. 98-392; s. 2, ch. 98-393; s. 2, ch. 98- 394; s. 61, ch. 99.245; s. 2, ch. 2000.147; ss. 26, 79, ch. 2002-402; s. 1923, ch. 2003.261; s. 37, ch. 2003-399; s. 3, ch. 2004- 39; s. 38, ch. 2004-234; s. 16, ch. 2004-344; s. 23, ch. 2005.3; s. 19, ch. 2005-71; s. 2, ch. 2005-109; s. 5, ch. 2005.117; s. 11, ch. 2006.26; s. 20, ch. 2006-176; s. 21, ch. 2006.305; s. 7, ch. 2007.14; s. 10, ch. 2007-73; s. 10, ch. 2008-153; s. 207, ch. 2008-247; s. 7, ch. 2009-82; s. 8, ch. 2010-153; s. 18, ch. 2011-47; s. 31, ch. 2012-88; s. 15, ch. 2012-119; s. 4, ch, 2013-5; s. 12, ch. 2013.41; s. 13, ch. 2014-43; s. 22, ch. 2014-53; s. 2, ch. 2015-7; s. 35, ch. 2015.222; s. 58, ch. 2016-62; s. 45, ch. 2016-165; s. 4, ch. 2016.179; s. 51, ch. 2017-3; s. 19, ch. 2017-71; s. 10, ch. 2019.4; s. 17, ch. 2019.141. Copyright © 1995-2020 The Florida Legislature • Privacv Statement • Contact Us 112 of 18c' http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_St... 3/11 2020 SEBASTI •� POLICE PARTM EN T h Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772-589-5233 Fax 772388-1872 e-mail mmorriswityofsebastian.org J. Michelle Morris, Chief March 11, 2020 Council Members, I certify per Florida State Statute 932.7055 5(a) (b) the donations do comply with the provisions of this statute. Sincerely, J.ichelle Morris C1 ' ,f of Police 113 of 189 Substance Awareness Center of Indian River County Prevention is a partnership 1 Board Chair Vaughan Judd, February 7`h, 2020 PhD Dear Chief Michelle Morris, Vice Chair "My journey started lying in the ICU completely empty and defeated screaming for help. I Police Chief could not stay sober, 1 could not live life on life's terms... the program showed me my self-worth, David Curry taught me to live one day at a time with honesty, integrity, and gratitude." A resident in Substance Awareness Center's Women's Recovery Assistance Program "LifeSkills taught me deep breathing and to be assertive. In the future, if I ever get in an Secretary awkward situation, I'll know how to handle it better and not become aggressive. " A youth who Honorable Judge participated in Substance Awareness Center's LifeSkills Training Prevention Program. Nicole Menz The Substance Awareness Center of Indian River County's (SAC) mission is simple: Reduce the impact of substance misuse and behavioral health disorders in Indian River County through prevention, education, treatment and recovery support. What is not easv is the work we do every Treasurer Theo Perry Jr. day in our community: • Through prevention programs, our team of prevention specialists protects the vulnerable developing adolescent brain from the harmful effects of substances. Board Members • Our recovery programs offer hope to those struggling with addiction, helping them find their way from the darkness of despair into the light of recovery. Police Chief Michelle Morris There are countless more youth and adults who depend on our expert, research -based and client -centered approach to help navigate life's challenging situations and resist peer pressure and other triggers that could otherwise lead them down a very unhealthy, life changing, and Dr. Liana Urfer even life threatening path. SAC's programs provide resources, knowledge, and skills that make a difference to preserve or restore health. We invite you to support those we are serving today, local community members and Police Lt. neighbors, and ensure access for others tomorrow and the next day. Please join the inaugural Thomas Raulen Substance Awareness Center of Indian River County Annual Fund Campaign today. Your gift will keep our youth safe and substance free, providing them opportunity and protection across their lifespan. Your investment will give hope and lift up an adult who has made the brave decision to Lesa Darnell learn a new way of coping and living, restoring lives and families. Your partnership is critical to our mission and the reason we exist. Thank you for your consideration and anticipated commitment. Brian Gallagher Rega {d,5, Carrie Lester. Executive birector P.S. If you have any questions or know someone who could benefit from our services, please contact me at 772-770-4811 or clester@sacirc.org. 1507 201' Street, Vero Beach, FI 32980 (772)770-4811 (772)770-4822 fax 114 of 189 CITY OF HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE RECOMMENDATION CITY COUNCIL AGENDA TRANSMITTAL March 18, 2020 Parks & Recreation Advisory Committee Interview, unless waived, and nominate one unexpired, alternate member — term to expire May 31, 2021 BACKGROUND: In response to the City Clerk's advertisement, the City Clerk has received an application from Richard Mauro. No other applications were received. ATTACHMENTS Clerk Authorization: Date: J —1 o - z e Application, Ad, List WJAa:-,y,a 115 of 189 CITY OF 5IE ►`f HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: q 3 S, Pl/ve— S'i City: -S(—_ S;% �rt/State: A:�— Zip: _ 2 i.!� Telephone: i Y/S ) :;2 /* E -Mail Address: <'//ZL (T-- /y,4"k a/-/ Employer: City: State: Zip: Business Telephone: am interested in serving on the following boards)/committee(s): 15{Choice: ��,C,KS -/- XFZ_ 17-U �-S� y 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 116 of 189 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) CG /9'7) / �L/ uS 19-p,01y"/9 �d �..`Th} C��"flle-vCe-- ii✓ Why do you want to serve on this board? �„ c; 4 c we i/ �.; rl, cr: ereC /Cc 2 IL4- �c- S % f/� 1�C'S //lG� Z �[� Z-� Y'�l'ca-'<-�ccT(T� �(' C•uRi2(�v� .f3-~;vi� rz.2Gr" C ,,4 5 D1-- Tom' 40C V -J IA.' - CC�'l/VC- Do you presently serve on another City Board or Committee? A)C) If yes, please list: Have you previously served on any other City Board or Committee? IVO If yes, please list: will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.f1.us/ethics/forms.htm I If appointed, i acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part!!!) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. " �1 92" .2e Zv Signature of Applicant: Date: Date Received by City Clerk's Office 3 'Z-zGZO by�r_ 117 of 189 February 11, 2020 Contact: City Clerk's Office 388-8215 PRESS RELEASE PARKS AND RECREATION ADVISORY COMMITTEE The City of Sebastian is seeking applicants to fill one unexpired, alternate member position on the Parks and Recreation Advisory Committee. This is a volunteer position and applicants must be City residents. The term will expire 5/31/2021 This Committee meets on the fourth Monday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Wall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.or(i and will be accepted until filled. 118 of 189 PARKS & RECREATION ADVISORY COMMITTEE Ordinance No, 0-07-07 MEMBER NAME /ADDRESS TERMS Dante Renzi Term to expire 5/31/2022 1149 W. Lakeview Drive Apptd 6112119 Sebastian, FL 32958 571-5891 Apptd ALT 1123119 Wackvsrule1 cDaol.com Matthew Sims - Chair Term to expire 5/31/2021 103 Bellamy Trail Appointed 9124108 Sebastian, FL 32958 Reapptd 519112 538-4369 Reapptd 5127115 OneStoDCellular5(a),aOl.com Reappted 6113118 Louis Agudelo Term to expire 5/31/2020 1533 Barber Street Apptd 6112119 Sebastian, FL 32958 646-5630 Laqud009(aD,fiu.edu JoAnn Webster Term to expire 5/31/2020 765 Wentworth Street Apptd 11/28/12 Sebastian, FL 32958 Reapptd 5128114 633--8502 Reapptd 5128117 web s ters nort h (a)ao I . co m ------------------------ Apptd ALT 8111110 Reapptd ALT 519112 JoAnne White Term to expire 5/31/2021 449 Easy Street Appointed 6127107 Sebastian, FL 32958 Reapptd 519112 766-2501 Reapptd 5127115 mvfloridateam ,,pmail.com Reapptd 6113118 John Danise — Alt Member Term to expire 5131/2020 164 Coply Terrace Apptd 6112119 Sebastian, FL 32958 589-4278 Coachdanise.fhstc_h_@_att.net Vacant — Alt Member Term to expire 5131/2021 119 of 189 M OF a HOME OF PELICAN ISLAND COUNCIL MEETING DATE AGENDA ITEM TITLE RECOMMENDATION CITY COUNCIL AGENDA TRANSMITTAL March 18, 2020 Natural Resources Board Interview, unless waived, and nominate one unexpired, alternate member - term to expire 7/1/2022 BACKGROUND: in response to the City Clerk's advertisement, the City Clerk has received an application from Patrick Powers. No other applications were received. ATTACHMENTS: Application, Ad, List City Clerk Authorization: Date: . 3 .- I o, Z 07 C) 120 of 189 �M L* HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential, Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. RmIck Name: Address: Z5z 6AdbossA .J•k ollf _ City: �6kMAAI State: ! Zip: C�-+g Telephone: E -Mail Address: T' P-� �%yL5 Co., 4 -\T -r- N IT - Employer: S�MiAAJ 5Ti41rc_TAIJ, SYS -- 114N� ii "44j ~440 0 A City: l� U cn vlrt` -(/ State: Zip: r Business Telephone: ( 32-1 7 - Z0 Z7 I am interested in serving on the following boards)/committee(s): 1" Choice: ! Jh1-i a IrQf_,Uotaf) 2°d Choice: �AZ15 A4 h0fA--t! W CHARTER REVIEW COMMITTEE (serves only six months, everyfive years —next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 121 of 189 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? Do you presently serve on another City Board or Committee? i' V o If yes, please list: Have you previously served on any other City Board or Committee?� If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part iii) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fIsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. 1 understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: ` Z490,O I 122 of 189 �� Date Received by City Clerk's Office 3—Zd zcd 0 by: cd,&a-Mi Patrick Powers Sebastian, FL To utilize my strong customer service skills, management training and life experience in professional environment. Arutlher� :.., ,, -, in the US for any evnpicyer ti`.. Lxcpenence Maintenance Supervisor Repairs and preventative maintenance for Dunkin' Donuts largest franchise. Facilities Supervisor Responsible for all aspects of facilities maintenance for America's Largest Health and Fitness Center. Owner/Operator �rhes - Poft Saint Lucie. F. Landscape/Pools/Pest Control service: Maintenance of commercial and residential properties including general labor and handyman services. Superintendent uib - Port Saint Lucie, FL Assistant to Director of Agronomy for PGA of America PGA Golf Club is a four course golf resort. Direct supervision over Wanamaker course and practice range. Prepared courses for tournaments and management of course set up for PGA of America. Management of all outside operation's for PGA Center for Learning and Performance practice and teaching facility. PGA: Champion green's, 419 Bermuda City of Port Saint Lucie, 5t. Lucie, FL. - Utilities Installation, repair and maintenance of the city water and sewer system Superintendent Operation of a class A private golf club. Responsibilities included hiring, inventory, maintenance and member relations of one of Boca's premier private communities. Administrative Manager Responsibilities for Administrative Store Manager position were in areas of operation. Controlling operating expenses and the ability to read and interpret profit and loss statements; hiring and termination of over 500+ associates. Additional responsibilities included but were not limited to investigation of internal and external theft, worker's compensation, general liability claims and overall safety of store and operational programs. 123 of 189 Education High school or equivalent in Business Management Clemson University - Clemson, SC Certification in Principles of Turfgrass Management University of Georgia • Maintenance • Troubleshooting • Electrical • Project Management • Hand Tools • Plumbing CeititieationsiLicenses Driver's License 124 of 189 February 11, 2020 Contact: Jeanette Williams 388-8215 PRESS RELEASE NATURAL RESOURCES BOARD VACANCY The City of Sebastian is seeking applicants to fill an unexpired, alternate member term on the Natural Resources Board. The term will expire July 2022. This board holds the City's annual Earth Day event and advises City Council on environmental issues with a three -pronged focus on preservation, regulatory programs and asset management. This is a volunteer position and applicants must be a City resident. The Board meets on the first Tuesday of each month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 am and 4:30 pm or at www.citvofsebastian.ora. and will be accepted until filled. 125 of 189 NATURAL RESOURCES BOARD Nicole Mosblech Apptd reg member 5124117 Term expires 873 Gilbert Street 711/2020 Sebastian, FL 32958 Nikki.mosblech(aDgmail.com (484) 269-7017 Jessica Lovell Apptd reg 11/20/10 Term expires 419 Joy Haven Drive Apptd alt 1019119 7/1/2022 Sebastian, FL 32958 Jnlovell00(a7hotmall.com (276) 732-9023 Kathy Brothers Apptd 8128119 Term expires 569 Ray Street 7/1/2021 Sebastian, FL 32958 kathvbrothers(a)me.com (615) 438-3632 Ruth Callaghan Apptd reg member 1123119 Term expires 202 Barbossa Drive 711/2022 Sebastian, FL 32958 Rforman32(d)gmail.com (610)304-9973 Donna Ware _ Apptd 4110119 Term expires 781 Tuxedo Terrace 711/2022 Sebastian, FL 32958 diwares(a7gmail.com (757) 999-0331 Brian O'Neill Apptd 9113117 Term expires 790 Beard Avenue 711/2020 Sebastian, FL 32958 sdbfoCawahoo.com (310) 403-1675 Charles Stadelman Apptd 9113117 Term expires 146 Mabry Street 7/1/2020 Sebastian, FL 32958 stadelman(a,bellsouth.net 772_) 5�4�55��„--- .-.-----•_.�..�._ ._�;� ------ _ �._. ,�..� — --z-.-_.�. vacant Term expires 711/2022 Thomas Carrano — Alternate Term expires Appt 11/20/19 1558 Esterbrook Lane 711/2020 Sebastian, FL 32958 Carrano.T1956e.gmail.com (631)561-5891 Revised 11 .25-19 126 of 189 CITY OF 5jEBASTL4kN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: March 18'x', 2020 AGENDA ITEM TITLE: Integrated Pest Management Parks Sub -Committee Update BACKGROUND: The Integrated Pest Management Sub -Committee met for the first meeting on February 12`h. The Committee is meeting weekly on Wednesdays to develop an Integrated Pest Management plan to present to City Council on April 8'h. Staff will provide brief updates on the Committee meetings at each City Council meeting leading up to the final presentation on April S'h. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: N/A Administrative Services Department/CFO Review: ATTACHMENTS. N/A City Mana er Authorization: Date: 127 of 189 m c� SEBASTILAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: March 18, 2020 Aqenda item Title: Approve Expense for Concrete Services, an amount not to exceed $40,000 Recommendation: Staff recommends that the Council APPROVE the expense for Concrete Services to complete the budgeted New Pavement Culvert Replacement/Swale Regrading Capital Project, an amount not to exceed $40,000. Backqround: The Procurement Division, on behalf of the Stormwater Division, requests Council's approval for the expense of Concrete Services with Timothy Rose Contracting, Inc., to complete the budgeted New Pavement Culvert Replacement/Swale Regrading Capital Project, an amount not to exceed $40,000. The initial contract term is April 10, 2019 — April 9, 2021. Pricing is based on line item bid amounts received on ITB 19-02 for Concrete Services awarded on April 11, 2019, specifically Concrete W/ Fiber (4") for 61-100SY at $36/Square Yard. Previous Council directed the City Manager to make all necessary drainage corrections to protect the longevity of the major asphalt work done in this fiscal year. Under this directive, City staff inspected the roadside drainage on a street by street basis to include culverts and swales for significant deficiencies. Concrete will be purchased to reconstruct resident's driveways that will be saw -cut to remove failed/not-to- grade driveway culverts as part of the corrective drainage improvements. The roadside swales will be re- graded as necessary to ensure proper drainage and protection of the City's significant new investment in asphalt paving. City staff will saw -cut a 4 foot strip in the driveways and the Contractor will place the concrete, including two (2) headwalls, requiring approximately 9.78 square yards with a 4 inch depth. This equates to approximately $352 per driveway for concrete and its placement only. Considering some cuts may exceed 4 feet for driveways wider than 16 feet, it would be reasonable to expect we can do 100 driveways with the available $40,000 concrete budget. Additional culvert replacements for these reconstructed/repaved roads may be warranted based on culvert maintenance and a culvert invert elevation survey, both in progress. In total, the estimated total cost per driveway is about $2,000. This includes the cost of in-house work (saw - cutting, removal and disposal), the cost of culvert and the cost of replacement sod If Aqenda Item Reauires Expenditure of Funds: Amount Budgeted in Current FY: $40,000 Fund to Be Utilized for Appropriation: Stormwater Fund Administrative Services Department Review:' Attachments: 1. Award of ITB 19-02 — City Council Meeting Minutes (04/1012019) 2. Bid Proposal — Timothy Rose Contracting, Inc City Manager,Authorization: Date: _ i, / 128 of 189 Regular City Council Meeling April 10, 2019 Page Six Roll Cali: Council Member lovino — aye Council Member McPartlan — absent Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Motion carried. 4-0 19.051 B. Award As -Needed Concrete Construction Service Agreements to Santa Cruz Construction. Inc. and Tim Rose Contracting. Inc. and Authorize the City Manager to Execute the Appropriate Documents (Transmittal. RFB. Responses) The City Manager said proposals went out on three different occasions and this time Santa Cruz and Tim Rose Construction responded. He asked for dual award because there were different pricing structures based on what will be needed. MOTION by Council Member Dodd and SECOND by Council Member lovino to award as - needed concrete construction service agreements to Santa Cruz Construction and Tim Rose Contracting, Inc. There was no public input Roll Call: Mayor Hill — aye Vice Mayor Kinchen -- aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — absent Motion carried. 4-0 19.052 C. Approve Piggv-Backing of Collier County Agreement with Eric Ryan Corporation for Utility Audits for a Twelve (12) Month Period and Consecutive Automatic Twelve (12) Month Renewals and Authorize the City Manaqer to Execute Appropriate Documents (Transmittal. Aqreement. Lists. Recommendations, Agreement) The City Manager said Eric Ryan Corporation has given us a proposal to review and monitor our utility billing whereby the City would get to keep any savings they find after 20%. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve an agreement with Eric Ryan Corporation to audit the City's utilities. Rall Call: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan -- absent Motion carried. 4-0 19.053 D. Consider Lien Reduction and Disposition of Fine in Exchange for Developer's Agreement for 1671 U.S. Highway 1 (Transmittal, Request. Calculations, Agreement) The City Manager stated the current owner of the building at 1671 U.S. Highway is required to clear up some fines before the new owner, AT&T, can move in. He asked City Council to consider reducing the fines so the building can be demolished and the land put back on the tax roll. 6 129 of 189 CITY O SEBASTIM - BlD As Needed Concrete Servicas BID MkOPOSr1L PIUCE Alter having, cX€ mincd 1111 spLeifications, Contraw/Ag-rcullielit T)oC.11111e lits, aitd otltc:r doctuuents relaLivc to the Invitation to Biel, I [lie undcrsig,jecl llereby propose to Ix.r£orm evcrytliing required to be porForincd in strict conformity %vith the requirements of these; documents, aad to provide wid furlush all the equipment, labor, and materials ijec ssary to provide minWll Concrete wort: meeting or exceeding the spvc1fications as Set forth herein for OIC Unlit PHCeS I'S SUAC[l below, The price quoted beluw includes any addenda which may be issued, If there is €Illy itchn you wish not to laid on please write "NO JUD" in (lie Price Per Square Yard Column. 1, ANNUAL CONCKl TE WORK AS DESCRIBED: Concrete - _ - Quantity SY Price per Square Yard Concrete saw and Removal (4") 1- 60 SY 5175.00 Concrete saw and Removal (4") -- 61-100 SY Sl:l.00 Concrete saw and Removal (4") 101 < SY'� Concrete Removal and replace W/F1ber(6")* Removal and replace W/Fiber(4")* r 1- 60 SY 5315.00 -Concrete Concrete Removal and replace W/Fiber(4")* - 61-100 SY 55'•00 Concrete Removal and replace W/Fiber(4")* 101< SY $50.00 Concrete W/# iber(4")* 1-60 SY $?00.00 Concrete W/Fiber(4")* 61-100 SY 536.00 Concrete W/Fiber(4")* -- _ 101< - SY $36.00 Concrete saw and Removal (6") 1-60 SY $180.u0 Concrete saw and Removal (6") 61-100 SY $16 -no _ Concrete saw and Removal (6") — 101< SY 116.00 Concrete Removal and replace W/Fiber(6" )* 1-60 SY _ "39u.00 Concrete Removal and replace W/F1ber(6")* 61-100 SY SJq.aU_ Concrete Removal and replace W/Fiber(6")* 101< SY $laltio Concrete W/Fiber(6")* - `—� _ 1-60 SY — -- -- - - - - $242 -00 -.— Concrete W/Fiber(6")* - - 61-100 SY -- 516_oo Concrete W/Fiber(6")* _T _ 101< SY W.00 MISC Concrete*- -�- -- T�-- 1-5 CY _ 1750.00 Concrete- 5.5-10 CY _MISC MISC Concrete* 10.5-15 — CY _ sGoll.l,,r MISC Concrete* -- --- - 15.S-20 CY MISC Concrete* - - 20< CY _ Driveway Culvert Replacement (8" ADS") _ 1 Li - Driveway Culvert Replacement (WADS") ---- _ — 1 LF Driveway Culvert Replacement (17." AUS") Culvert Replacement (15" ADS") _Driveway Driveway Culvert Replacement (WADS") - 1-._1,>^ —>1y_rn, CCPr-t5"Qvc7€ett �i 130 of 189 MOF HOME OF PEUCAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: March 18, 2020 AGENDA ITEM TITLE: Resolution Accepting the 151 Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2019-2020 Annual Budget. RECOMMENDATION: Move to approve Resolution R-20-04. BACKGROUND: Pursuant to City financial policies, budget reviews and any necessary adjustments are presented to the City Council quarterly. A capital project status report, investment report and accomplishments are also included. Formal approval by the City Council was already given for an adjustment for approval of the Community Development Block Grant Program and to replace a Mower in the Leisure Services Department. Formal approval is requested for Staff's use of the General Fund Renewal and Replacement Account (R&R) for replacing the sound mixer unit in the City Council Chambers, repairing the lightning protection system at City Hall and the Police Station, as well as replacing the sewage pumps at the Splash Pad restrooms. In accordance with the authority given by the Annual Budget Resolution, the City Manager has approved other budget transfers between accounts within Departments and made adjustments necessary to "implement programs, projects and expenditures authorized by the City Council". Thus, the City Manager's adjustments included budget changes to reallocate funds to and from expenditure accounts and capital projects as were necessary during the quarter. All of the above described adjustments are listed in Exhibit "A" that is an attachment to the Resolution. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: As per Exhibit "A" of Resolution Amount Budgeted in Current FY: NIA Amount of Appropriation Required: As per Exhibit "A" of Resolution Fund to Be Utilized for Appropriation: NIA Administrative Services Department Review: l ATTACHMENTS: Resolution No. R-20-04 and Exhibit "A" Quarterly Financial Report for the Quarter Ended December 31, 2019 City Manager ut rization: Date: ��� 131 of 189 RESOLUTION NO. R-20-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING AMENDMENTS AND ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020 AS PROVIDED FOR IN EXIIIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an analysis of the revenues and expenditures for the three (3) months that ended on December 31, 2019 indicated that certain budget adjustments required formal approval by the City Council and that previously approved amendments and adjustments by the City Manager should be recognized; and WHEREAS, the City Council and City Manager have previously approved any other necessary amendments and adjustments in accordance with the Annual Budget Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2019 and ending September 30, 2020 has been amended and adjusted as necessary within the quarter ending December 31, 2019; a summary of such amendments and adjustments being attached hereto and more particularly identified as Exhibit "A"; the revised appropriations, if any, are set out therein and are recognized as having been made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 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. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember vote was as follows: Mayor Ed Dodd Vice Mayor Charles M. Mauti Councilmember Damien H. Gilh%;ms Councilmember Jim Hill Councilmember Pamela Parris and, upon being put to a vote, the The Mayor thereupon declared this Resolution duly passed and adopted this 18`s day of March 2020. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA M Mayor Ed Dodd Approved as to form and content for reliance by the City of Sebastian only: Manny Anon City Attorney 132 of 189 EXHIBIT "A" OF RESOLUTION R-19-34 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED DECEMBER 31, 2019 ADJUSTMENTS PREVIOUSLY APPROVED BY CITY COUNCIL: ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment CDBG Grant 0 ($123,874) ($123,874) $113119 Approval of Community CDBG Expenditure/Capital Accounts 0 $123,874 $123,874 Development Block Grant Program. ----------------------------------------------------------------------------------------------------------------- Appropriation from R&R Account ($23,417) ($36,580) ($59,997) 12/11/19 Approval to replace Leisure Vehicles and Equipment $73,500 $36,580 $110,080 Services Mower. ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment Appropriation from R&R Account 0 ($912) ($912) Used General Fund R&R Reserve to Vehicles and Equipment --------- 0 $912 $912 replace Council Chamber Sound Mixer Unit. ------------------------------------------------ Appropriation from R&R Reserve (912) ($12,000) ($12,912) Used General Fund R&R Reserve to repair R&M Buildings - - ----------------- ---------------- $75,000 - - ---------- $12,000 ------------------------_-----_--___I---- $87,000 City Hall & PD Lightning Protection System. --------------------- Appropriation from R&R Reserve ($12,912) ($10,505) ($23,417) Used General Fund R&R to replace Splash Vehicles and Equipment 0 $10,500 $10,500 Pad Restroom Sewage Pumps. ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER: 133 of 189 Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment Workers Compensation $26,068 ($2,218) $23,850 Adjustment between Leisure Services Improvements Other Than Buildings $30,000 $2,218 $32,218 accounts for Bark Park Shade Structure. Vehicles and Equipment $10,505 $5,000 $15,505 Adjustment to replace Air Conditioner at R&M Buildings ------------------------------ $80,000 ($5,000) $75,000 the Community Center. -carry ------------------- Various General Fund Expenditures 0 $85,264 ------- -,264 $85,264 ---f Adjustment to car forward obli ated g General Fund Reserves - - - - --- $5,924,061 _______($85,264) ____$5-838,797 purchases_at_year_end,_ ------------------- Workers Compensation $29,214 ($'1,750) $27,464 Adjust for increased cost to purchase Vehicles and Equipment -- --- $32,800 $1,750 $34,550 --- Pickup for Public Works Director. ----- -- -- -- -- ----- MembershipslR&M Irrigation Expense $6,515 ($548) $5,967 Adjustment to cover costs to trim Palm R&M Grounds Maintenance ----- - - - -------------------------------------- $1,500 ------------ $548 $2,048 --- Trees in high_profile areas of Golf Course. -----_._-- -G- ---- ---- ---- ----- R&M Irrigation Expense $5,217 ($200) $5,017 Adjustment between olf accounts for cost R&M Grounds Maintenance $2,048 $200 $2,248 overrun in R&M Grounds Maintenance. Additional Compensation $36,100 ($32,650) ------ ($3,450) ------------------- -------- Adjustments to cover costs of -12-11-3/-1-9 Various Regular Salary Accounts - ----------------------- $7,579,450 $32,650 $7,612,100Holiday - ------- Bonuses. --1-------- -- ----- -- -- - R&M Buildings $87,000 ($8,000 $79,000 Adjustment to cover costs of Janitorial Services $96,320 $8,000 $104,320 cleaning/buffing Community Center floors. 133 of 189 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT FIRST QUARTER ENDING DECEMBER 31, 2019 SUMMARY THE FIRST QUARTER FOR GENERAL FUND ENDED WITH 37% ADJUSTED RESERVES TOTAL $5,908,539. LOANS TO GOLF OF TOTAL BUDGETED REVENUES BEING RECEIVED. COURSE AND AIRPORT, INVENTORIES, PREPAYMENTS DEPARTMENTS SPENT 30% OF THE BUDGETED AMOUNTS, AND RESTRICTED LAW ENFORCEMENT FUNDS LEAVE NET RESULTING IN A NICE INCREASE TO OVERALL RESERVES. UNASSIGNED RESERVES OF $5,142,482. ENDING NET UNASSIGNED RESERVES EQUALED $5,112,482, WHICH IS ABOVE THE $5,000,000 MINIMUM WE INTEND TO GENERAL FUND BALANCE FORECAST MAINTAIN FOR DECLARED NATURAL DISASTERS. THIS IS Fund Balance R&R Account ALSO ABOVE THE AMOUNT PROJECTED WHEN THE 2020 Beginning Reserves 70101119 $ 5,924,061 $ 275,000 BUDGET PROJECTIONS WERE MADE. -Year to Date Revenue 4,737,088 Fund Balance/R&R Changes to Date: Unfinished 2019 Projects (85,264) GENERAL FUND SUMMARY Failed MIS Equipment (912) Budget YTD % Replace Lightning Protection (12,000) Replace Spiash Pad Pump (10,505) Beginning Balance $ $ 6,199,061 7Replace Parks Mower (36,580) Ad Valorem Taxes 3,951,497 3,447,539 87.2% : Year to Date Uses $ (85,264) $ (59,997) Franchise Fees 1,401,716 369,518 26.4% ° Other Expenditures (3,897,569) Utility Taxes 3,017,973 156,025 5.2% Current Reserves $ 6,678,316 $ 215,003 Hurricane Recoveries 143,666 14,706 10.2% Expected Changes to Year End: InterIntergovernmental 2,958,872 438,439 14.8% Additional Revenues 8,119,847 - 9 Additional Expenditures (9,104,627) - Charges for Service 698,866 144,342 20.7% : ; Ending Reserves $ 5,693,536 $ 215,003 Licenses and Other 659,345 160,269 24,3% Adjust R&R to $275,000 (59,997) 59,997 Transfers In 25,000 6,250 25.0% : Adjusted Reserves $ 5,633,539 $ 275,000 'Total Revenues $ 12,856,935 $ 4,737,088 36.8% Assigned funds (766,057) From Fund Balance 145,261 (145,261) 100.0°/0 Net Unassigned Reserves $ 4,867,482 $ 275,000 Total Sources $ 13 002196 $ 4591827 35.3°/° Total Unassigned Reserves $ 5,142,482 3 , Projected in 2020 Budget $ 5,046,649 City Council 63,080 11,977 19.0% ' City Manager 276,527 65,935 23.8°/° City Clerk 229,861 83,313 36.2% General Fund Expenditures City Attorney 106,291 27,702 26.1°/° �DAdimted&udget WeartoDate Admin Services 695,567 146,317 21.0°/° 6,000 MIS Division 537,772 137,873 25.6% 5,000 Police Department 6,407,322 2,096,591 32.7°1°4,000 } 3,000 Roads and Drainage 990,467 261,564 26.4% : 0 2,000 Public Facilities 940,808 223,649 23.8°/° Leisure Services 1,194,420 276,134 23.1% or, Aw�r. Community Dev. 589,724 104,771 17,13% irF!'G c �� sg �a OI110 of Non -Departmental 970,357 461,743 47.6/0 ON �0M 'uest a� �5 dr A Total Uses $ 13,002,196 $ 3,897,569 30.0% Ending Unappropriated Fund Balance $ 6,893,319 i ,1a1. 11 ui 111w,Ell 11111 .. u , a a. 1 1.11 $143,666 ON MATTHEW REMAINS UNPAID. IRMA'S FEMA _.- SHARE WAS INCREASED BY $14,706 AND RECEIVED. WE General Fund Revenue SHOULD ALSO BE RECEIVING $34,104 ON DORIAN. 4,000 cadi,eeda.aaet avealtoDate $2,250 Hurricane Reimbursements ti 3,500 - $2,000 $189,973 More Due 3,000 ' ` - ± 9 - $i,750 � - M 2,500 i $-1,500 w 0 2,000 i $1,250 a 1,509 1,000 t I ' 540 II - ---_-r $750 ip es 001 ,SSt'es eF i10 ��•rd5dBPrt s00 { d5 y $250 Matthew_ Irma Dorian Totals ■ Eligible $1,581,745 $547,325 $34,104 $2,163,174 ■ Received $1,438,079 $547,325 $0 $1,985,404 .11 .11'.11 161. ­dA ME I I WLe Ill III .11.I11.I..,Wl11 u.Ir.wl,w.1a 1 F11 J. -IJe. 11. 111 ll.a I.I. IN �,..� ,Il 111 ,I., 1. „in.. 134 of 189 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT FIRST QUARTER ENDING DECEMBER 31, 2019 SUMMARY STORMWATER FUND REVENUES EXCEED BUDGETED AMOUNTS AND OPERATING EXPENDITURES WERE WELL WITHIN BUDGETED AMOUNTS. NET AVAILABLE FUNDS ARE $90,181 ABOVE AMOUNTS PROJECTED WHEN THE 2020 BUDGET PROJECTIONS WERE MADE. 1,231,368 334,681 27.2% Pro Shop Sales 100,000 STORMWATER FUND SUMMARY 22,027 22.0% Budget YTD % Beginning Fund Baiance $ 799,532 $ 889,713 9,460 Stormwater Fees 1,940,000 1,567, 761 80.8% , Sale of Fixed Assets - 38,250 n/a Interest 36,083 3,778 10.5%: Total Revenues $ 1,976,083 $ 1,609,789 81.5% Total Sources $ 2,775,615 $ 2,499,502 90.1%. Operating Expenditures 1,550,647 256.736 16.6% Capital Outlay 145,000 14,073 0.0% Transfer to Capital Projects 275,000 - 0.0% Total Uses $ 1,970,647 $ 256,736 13.0% Ending Fund Balance $ 804,968 $ 2,242,766 38,367 Expected Change to Year End: 9,592 25.0% Total Uses $ Additional Revenues $ 366,294 242% Additionaf Expenditures (1,293,911) (635,259) Additional Capital Outlay Expected Change to Year End: (145,000) Transfers to Capital Projects (275,000) 9130120 Net Available f=unds $ 895,149 Additional Uses Projected in 2020 Budget $ 804,968 REVENUES AND EXPENSES FOR THE AIRPORT DO NOT INCLUDE GRANT RECEIPTS AND EXPENSES HANDLED IN THE AIRPORT CONSTRUCTION FUND. TOTAL ENDING RESOURCES WERE MUCH BETTER THAN PROJECTED WHEN 2020 BUDGET PROJECTIONS WERE MADE. BUILDING FUND ENDING - " AIRPORT FUND S ,. UMMARY , REMAIN AT GOOD Budget YTD % Beginning Resources $ $ 98,956 2020 Rents 483,973 132,516 27.4% Investmenllncome 1,385 n/a Miscellaneous 85,710 18,582 21.7% 'Total Revenues 569,683 152,483 26.8% Total Sources $ 569,683 $ 251,439 205,216 Operating Expenses 347,065 103,734 29.9% General Fund Advance 25,000 6,250 25.0% DST Fund Loans 30,500 - 0.0% Capital Outlay 43,800 20,714 47.3% Contingency 123,318 - 0.0% Total Uses $ 569,683 $ 130,698 22.9% Total Ending Resources $ 120,741 797,493 Expected Change to Year End: 168,686 21.2% Capital Outlay Additional Revenues 417,200 0.0% AddOional Uses 21,271 {315,667♦ - 9130119 Ending Resources $ 222,274 $ Projected in 2020 Budget $ 5,626 GOLF COURSE BALANCES ARE AFFECTED BY LOANS FROM THE: GENERAL FUND AND BUILDING FUND FOR IRRIGATIONICLUBHOUSE WORK. ENDING RESOURCES ARE NOT AS GOOD AS PROJECTED WHEN THE 2020 BUDGET PROJECTIONS WERE MADE. GOLF FUND SUMMARY Budget YTD % Beginning Resources $ $ (672,196) Charges for Service 1,231,368 334,681 27.2% Pro Shop Sales 100,000 22,027 22.0% Rent 30,000 7,500 25,C% _ Miscellaneous 9,460 4,937 52.2% Total Revenues 1,370,828 369,145 26.9% - Total Sources $ 1,370,828 $ (303,051) rda Operating Expenses $ 1,206,070 $ 289,047 24.0% Pro Shop Purchases 70,000 19,496 27,9% Cart Loan Payments 56,391 14,073 25.01lo Total Operating Expense 1,332,461 322,616 24.2% General Fund Payment - n1a Building Fund Payment 38,367 9,592 25.0% Total Uses $ 1,370,828 $ 332,208 242% Total Ending Resources $ $ (635,259) Expected Change to Year End: Additionaf Revenues 1,001,683 Additional Uses X1,038,620) 9130120 Ending Resources $ (672,196) Projected in 2020 Budget $ (625,944) BUILDING FUND ENDING RESOURCES REMAIN AT GOOD LEVELS, EVEN WITH THE LOANS TO THE GOLF FUND. THEY WERE ABOVE AMOUNTS PROJECTED WHEN THE 2020 BUDGET PROJECTIONS WERE MADE. BUILDING FUND SUMMARY Budget YTD % Beginning Resources $ $ 573,806 Licenses and Permits 770,500 205,216 26.6% Charges for Service 12,200 4,284 35,1% Flnes and Forfeits 6,500 2,648 40.7% Miscellaneous 13,770 2,826 20.5% Golf Fund Loan Payments 38,367 9,592 25.0% Total Sources 841,337 224,566 26.7% Operating Expenses 797,493 168,686 21.2% Capital Outlay 22,573 - 0.0% Contingency 21,271 - Na Total Uses $ 841,337 $ 168,686 20.0% Total Ending Resources $ 629,686 Expected Change to Year End: Additional Revenues 616,771 Additional uses (651,380) 9130120 Ending Resources $ 595,077 Projected In 2020 Budget $ 518,466 1, CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12131/19 2016/2017 2017/2018 2018/2019 201912020 2019/2020 2019/2020 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GENERALFUND TAXES -3,869,494.99 -3,944,677.20 -4,020,700.39 -3,973,081.51 -8,371,186.00 47.46% LICENSES & PERMITS -86,469.07 -95,691.26 -90,431.31 -88,074.92 -162,200.00 54.30% INTERGVT'LREVENUE -383,571.79 -418,393.84 -808,087.08 -453,145.34 -3,102,538.00 14.61% CHARGES FOR SERVICE -71,147.58 -91,873.43 -103,876.29 -144,341.68 -698,866.00 20.65% FINES AND FORFEITS -12,041.99 -11,563.44 -10,288.48 -8,789.23 -39,800.00 22.08% MISC. REVENUE -37,131.04 -49,200.57 -105,778.54 -63,405.17 -457,345.00 13.86% TRANSFERS IN -164,999.97 -181,249.98 -64,999.99 -6,249.99 -25,000.00 25.00% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -145,261.00 0.00% GENERAL FUND REVENUE -4,624,856.43 -4,792,649.72 -5,204,162.08 -4,737,087.84 -13,002,196.00 36.43% CITY COUNCIL 11,991.41 11,619.31 10,808.30 11,976.94 63,080,00 18.99% CITY MANAGER 62,061.58 63,570.89 68,365.42 65,935.04 276,527.00 23.84% CITY CLERK 56,767.85 78,713.84 51,516.65 83,313.49 229,861.00 36.25% LEGAL 16,234.00 8,087.14 29,083.29 27,702.34 106,291.00 26.06% ADMINISTRATIVE SERVICES 101,979.62 134,481.91 144,032.43 146,316.78 695,567.00 21.04% M.I.S. DIVISION 44,585.56 101,512.47 120,476.15 137,873.20 537,772.00 25.64% AUDIO VISUALIBROADCAST 28,260.13 24,935.79 0.00 0.00 0.00 0.00% POLICE DEPARTMENT 1,391,703.73 1,163,627.48 1,877,682.65 2,096,590.89 6,407,322.00 32.72% ENGINEERING 126,137.61 93,791.85 0.00 0.00 0.00 0.00% ROADS AND DRAINAGE 96,359.00 137,502.86 193,464.49 261,564.03 990,467.00 26.41% STORMWATER UTILITY DIVIS 142,163.14 183,245.55 0.00 0.00 0.00 0.00% CENTRAL GARAGE 44,781.73 48,420.31 63,809.73 48,900.26 212,349.00 23.03% FACILITIES MAINTENANCE 95,193.03 60,082.32 83,415.98 127,775.66 548,783.00 23.28% PARKSIRECREATION 209,621.35 206,882.41 242,107.86 276,133.82 1,194,420.00 23.12% CEMETERY 32,484.78 49,327.25 44,562.59 46,972.96 179,676.00 26.14% COMMUNITY DEVELOPMENT 36,364.27 78,914.56 82,412.79 104,771.31 589,724.00 17.77% NON -DEPARTMENTAL 379,135.20 394,648.88 477,513.59 461,742.29 970,357.00 47.58% GENERAL FUND EXPENDITURES 2,875,823.99 2,839,364.82 3,489,251.92 3,897,569.01 13,002,196.00 29.98% LOCAL OPTION GAS TAX TAXES -113,744.04 -121,634.57 -115,619.10 -123,926.77 -736,320.00 16.83% INTERGVT'L REVENUE 0.00 0.00 0.00 0.00 -13,694.00 0.00% MISC. REVENUE -445.25 -749.36 -2,335.30 -1,514.05 -5,347.00 28.32% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -453,331.00 0.00% LOGT FUND REVENUE -114,189.29 -122,383.93 -117,954.40 -125,440.82 -1,208,692.00 10.38% OPERATING EXPENSES 3,760.25 1,349.24 4,051.51 0.00 5,400.00 0.00% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 106,000.00 0.00% DEBT SERVICE 14,336.60 121,251.10 120,126.80 117,992.80 243,802.00 48.40% TRANSFERS OUT 0.00 195.00 409,683.00 236,673.22 664,491.00 35.62% TO FUND BALANCE 0.00 0.00 0.00 0.00 188,999.00 0.00% LOGT FUND EXPENDITURES 18,096.85 122,795.34 533,861.31 354,666.02 1,208,692.00 29,34% DISCRETIONARY SALES TAX TAXES -418,337.50 -447,555.75 -480,026.51 -487,010.43 -3,659,032.00 13.31% MISC. REVENUE -4,127.93 -5,343.76 -18,110.00 -14,496.42 -73,272.00 19.78% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -4,872,627.00 0.00% DST FUND REVENUE -422,465.43 -452,899.51 -498,136.51 -501,506.85 -8,604,931.00 5.83% OPERATING EXPENSES 0 0 1,500.00 3,580.00 21,275.00 16.83% TRANSFERS OUT 231,343.71 306,170.97 372,187.35 556,609.34 8,583,656.00 6.48% DST FUND EXPENDITURES 231,343.71 306,170.97 373,687.35 560,189.34 8,604,931.00 6.51% RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -9,987.82 -11,146.62 -12,217.67 -10,071.71 -54,750.00 18.40% TRANSFERS IN -342,240.96 -366,531.86 -404,673.34 -403,239.68 -397,816.00 101.36% FROM FUND BALANCES 0.0G 0.00 0.00 0.00 -198,458.00 0.00% RRD REVENUE -352,228.78 -377,678.48 -416,891.01 -413,311.39 -651,024.00 63.49% OPERATING EXPENSES 34,833.81 68,087.10 86,757.74 89,169.26 345,024.00 25.84% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 136,000.00 0.00% GRANTS AND AIDS 0,00 15,000.00 0.00 15,000.00 70,000.00 21.43% TRANSFERS OUT 0.00 0.00 0.00 0.00 100,000.90 0.00% RRD EXPENDITURES 34,833.81 83,087.10 86,757.74 104,169.26 651,0240, ur 116.,00% CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/19 137 of 189 2016/2017 2017/2018 201812019 2019/2020 2019/2020 2019/2020 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET PARKING IN LIEU OF FUND MISC. REVENUE -5,598.13 -4,741.08 -338.84 -434.25 -1,342.00 32.36% FROM FUND BALANCES 0.00 0.00 0.00 0.00 0.00 0.00% PARKING IN LIEU REVENUE -5,598.13 -4,741.08 -338.84 -434.25 -1,342.00 32.36% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,342.00 0.00% PARKING IN LIEU EXPENDITURES 0.00 0.00 0.00 0.00 1,342.00 0.00% RECREATION IMPACT FEE FUND MISC. REVENUE -23,277.92 -25,787.50 -32,192.39 -36,206.68 -146,184.00 24.77% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -439,770.00 0.00% REC. IMPACT FEE REVENUE -23,277.92 -25,787.50 -32,192.39 -36,206.68 -585,954.00 6.18% TRANSFERS OUT 0.00 0.00 37,636.00 255,180.44 5,859,954.00 4.35% REC. IMPACT FEE EXPENDITURES 0.00 0.00 37,636.00 255,180.44 5,859,954.00 4.35% STORMWATER UTILITY FUND MISC. REVENUE -8C0,702.96 -614,958.01 -1,634,010.74 -1,609,789.46 -1,976,083.00 81.46% STORMWATER FUND REVENUE -800,702.96 -814,958.01 -1,634,010.74 -1,609,789.46 -1,976,083.00 81.46% PERSONAL SERVICES 0 0 203,097.95 159,732.38 735,344.00 21.72% OPERATING EXPENSES 3,461.84 679.28 78,596.70 97,003.70 815,303.00 11.90% CAPITAL OUTLAY 0.00 0.00 15,778.00 0.00 145,000.00 0.00% TRANSFERS OUT 252,526.56 174,999.99 5,544.00 0.00 275,000.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 5,436.00 0.00% STORMWATER EXPENDITURES 255,988.40 175,679.27 303,016.65 256,736.08 1,976,083.00 12.99% LAW ENFORCE FORFEITURE FUND FINES AND FORFEITS -25,911.00 -25.00 -100-00 0.00 -1,000.00 0.00% MISC. REVENUE -120.15 -166.85 -271.68 -95.08 -250.00 38.03% FORFEITURES FUND REVENUE -26,031.15 -191.85 -371.68 -95.08 -1,250.00 7.61% OPERATING EXPENSES 1,101.04 409.62 0.00 0.00 0.00 0.00% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% GRANTS AND AIDS 0.00 1,500.00 0.00 0.00 0.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,250.00 0.00% FORFEITURES EXPENDITURES 1,101.04 1,909.62 0.00 0.00 1,250.00 0.00% STORMWATER DEBT SERVICE FUND MISC. REVENUE -277,62 -753.59 -1,380.44 -635.54 -3,500.00 18.16% TRANSFERS IN -100,740.75 -100,947.99 -100,728.51 -100,338.75 -401,355.00 25.00% STORMWATER DEBT REVENUE -101,018.37 -101,701.58 -102,108.95 -100,974.29 -404,855.00 24.94% DEBT SERVICE 126,678.75 16,538.80 13,329.65 10,068.60 402,138.00 2.50% TO FUND BALANCE 0.00 0.00 0.00 0.00 2,717.00 0.00% STORMWATER DEBT EXPENDITURES 126,678.75 16,538.80 13,329.65 10,068.60 404,855.00 2.49% 137 of 189 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12131119 138 of 189 2016/2017 2017/2018 2018/2019 2019/2020 201912020 2019/2020 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GOLF COURSE FUND CHARGES FOR SERVICE -335,953.14 -308,860.05 -393,052.92 -356,714.72 -1,331,368.00 26.79% MISC. REVENUE -2,400.15 -50,970.76 -9,328.04 -12,430.09 -39,460.00 31.50% TRANSFERS IN 0.00 -248,260.79 0.00 0.00 0.00 0.00% GOLF COURSE FUND REVENUE -338,353.29 -608,091.60 -402,380.96 -369,144.81 -1,370,828.00 26.93°/a PERSONAL SERVICES 62,102.76 61,750.41 66,702.50 66,553.55 294,675.00 22.59% OPERATING EXPENSES 73,990.56 88,077.29 80,872.60 74,375.66 305,156.00 24.37%x CAPITAL OUTLAY 0.00 248,260.79 0.00 0.00 0.00 0.00% TRANSFERS OUT 0.00 0.00 9,591.99 9,591.99 38,367.00 25.00%n TOTAL ADMINISTRATION 136,093.32 398,088.49 157,167.09 150,521.20 638,198.00 23.59% OPERATING EXPENSES 178,370.29 140,207.70 143,458.38 145,872.86 577,948.00 25.24% TOTAL MAINTENANCE 178,370.29 140,207.70 143,458.38 145,872.86 577,948.00 25.24% PERSONAL SERVICES 20,081.45 7,523.56 22,237.28 21,573,38 96,347.00 22.39% OPERATING EXPENSES 862.94 157.37 348.93 167.77 1,944.00 8.63% CAPITAL OUTLAY 0.00 19,536.40 0.00 0.00 0.00 0.00% DEBT SERVICE 14,351.61 4,699.20 23,496.00 14,073.00 56,391.00 24.96% TOTAL GOLF COURSE CARTS 35,296.00 31,916.53 46,082.21 35,814.15 154,682.00 23.15% GOLF COURSE FUND EXPENDITURES 349,759.61 570,212.72 346,707.68 332,208.21 1,370,828.00 24.23% AIRPORT FUND CHARGES FOR SERVICE -2,295.53 -4,311.89 -3,332.79 0.00 0.00 0.00%x MISC. REVENUE -110,219.39 -124,588.56 -158,403.44 -152,483.49 -569,683.00 26.77%x TRANSFERS IN 0.00 0.00 0.00 0.00 0.00 0.00%x AIRPORT REVENUE -112,514.92 -128,900.45 -161,736.23 -152,483.49 -569,683.00 26.77%x PERSONAL SERVICES 46,184.07 48,312,15 33,735.29 17,218.24 73,409.00 23.46% OPERATING EXPENSES 53,583.00 58,902.48 92,495.10 86,516.22 273,656.00 31.61% CAPITAL OUTLAY 0.00 0.00 3,495.00 20,713.99 43,800.00 47,29% DEBT SERVICE 0.00 0.00 0.00 0.00 30,500.00 0.00% TRANSFERS OUT 2,499.99 6,249.99 9,999.99 6,249.99 25,000.00 25.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 123,318.00 0.00%x AIRPORT ADMINISTRATION 102,267.06 113,464.62 139,725.38 130,698.44 569,683.00 22,94%x BUILDING FUND LICENSES & PERMITS -148,786.40 -179,414.57 -222,011.63 -205,215.83 -770,500.00 26.63% CHARGES FOR SERVICE -2,617.89 -3,048.45 -3,333.50 -4,284.25 -12,200.00 35.12%x FINES AND FORFEITS -900.00 -1,041.00 -1,450.00 -2,648.00 -6,500.00 40.74% MISC. REVENUE -2,372.43 -1,957.52 -3,799.87 -2,826.03 -13,770.00 20.52%x TRANSFERS IN -6,249.99 0.00 -9,591.99 -9,591.99 -38,367.00 25.00%x BUILDING REVENUES -160,926.71 -185,461.54 -240,186.99 -224,566.10 -841,337.00 26.69%x PERSONAL SERVICES 104,065.58 116,909.66 133,829.76 146,863.14 663,901.00 22.12%x OPERATING EXPENSES 22,639.69 19,774.40 33,930.74 21,822.79 133,592.00 16.34% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 22,573.00 0.00% TRANSFERS OUT 17,839.91 0.00 0.00 0.00 0.00 0.00%x TO FUND BALANCE 0.00 0.00 0.00 0.00 21,271.00 0.00%x BUILDING EXPENDITURES 144,545.18 136,684.06 167,760.50 168,685.93 841,337.00 20,05%x 138 of 189 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 12131/19 139 of 189 201612017 2017/2018 201812019 201912020 201912020 2019/2020 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET CITY COUNCIL PERSONAL SERVICES 5,687.45 5,690.58 5,696.63 5,690.46 22,738.00 25.03% OPERATING EXPENSES 6,303.96 5,928.73 5,111.67 6,286,48 40,342.00 15.58% TOTAL 11,991.41 11,619.31 10,808.30 11,976.94 63,080.00 18.99% CITY MANAGER PERSONAL SERVICES 60,556.24 62,170.73 65,421.71 60,249.79 260,782.00 23.10% OPERATING EXPENSES 1,505.34 1,400.16 2,943.71 5,685.25 15,745.00 36.11% TOTAL 62,D61.58 63,570.89 68,365.42 65,935.04 276,527.00 23.84°/ CITY CLERK PERSONAL SERVICES 34,300.55 37,822.00 39,101.39 40,539.13 175,111.00 23.15% OPERATING EXPENSES 22,467.30 40,891.84 12,415.26 42,774.36 54,750.00 78.13% TOTAL 56,767.85 78,713.84 51,516.65 83,313.49 229,861.00 36.25% LEGAL OPERATING EXPENSES 16,234.00 8,087.14 29,083.29 27,702.34 106,291.00 26.06%u TOTAL 16,234.00 8,087.14 29,083.29 27,702.34 106,291.00 26.06% ADMINISTRATIVE SERVICES PERSONAL SERVICES 93,830.35 123,916.65 134,311.06 130,172.05 557,951.00 23.33% OPERATING EXPENSES 8,149.27 10,565.26 9,721.36 16,144.73 137,616.00 11.73% TOTAL 101,979.62 134,481.91 144,032.42 146,316.78 695,567.00 21.D4% M.I.S. DIVISION PERSONAL SERVICES 19,258.19 51,965.28 63,551.48 81,523.39 348,448.00 23.40% OPERATING EXPENSES 25,327.37 49,547.19 56,924.67 55,437.70 188,412.00 29.42% CAPITAL OUTLAY 0.00 0.00 0.00 912.11 912.00 100.01% TOTAL 44,585.56 101,512.47 120,476.15 137,873.20 537,772.00 25.64% AUDIO VISUALIBROADCAST PERSONAL SERVICES 23,549.37 18,597.32 0.00 0.00 0.00 n/a OPERATING EXPENSES 4,710.76 6,338.47 0.00 0.00 0.00 n/a TOTAL 28,260.13 24,935.79 0.00 0.00 0.00 n/a POLICE ADMINISTRATION PERSONAL SERVICES 196,145.21 158,317,50 232,644.13 336,269.04 919,839.00 36.56% OPERATING EXPENSES 23,632.22 27,877.16 26,978.23 30,610.38 147,440.00 20.76% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 20,000.00 0,00% TOTAL 219,777.43 186,194.66 259,622.36 366,879.42 1,087,279.00 33.74% POLICE PATROL PERSONAL SERVICES 719,366.36 541,208.46 1,094,096.31 1,121,598.06 3,079,499.00 36.42% OPERATING EXPENSES 49,496.08 56,536.04 78,845.21 56,418.02 286,21T00 19.71% CAPITAL OUTLAY 0.00 6,144.99 5,999.00 9,772.00 60,000.00 16,29% TOTAL 768,062.44 603,889.49 1,178,940.52 1,187,788.08 3,425,716.00 34.67%q CODE ENFORCEMENT DIVISION PERSONAL SERVICES 35,993.67 39,094.18 40,543.85 41,748.69 171,471.00 24.35% OPERATING EXPENSES 3,642.68 4,848.90 4,121.34 3,397.90 20,038.00 16.96% TOTAL 39,636.35 43,943.08 44,665.19 45,146.59 191,509.00 23.57% POLICE INVESTIGATIONS PERSONAL SERVICES 188,811.56 158,401.86 221,897.65 314,629.24 891,625.00 35.29% OPERATING EXPENSES 25,728.20 25,134.39 29,935.33 35,105.27 131,361.00 26.72% CAPITAL OUTLAY 0.00 0.00 0.00 4,125.17 26,000.00 15.87% TOTAL 214,539.76 183,536.25 251,832.98 353,859.68 1,048,966.00 33.73% POLICE COMMUNICATIONS PERSONAL SERVICES 144,761.33 143,420.98 139,955.61 140,288.60 642,992.00 21.82%v OPERATING EXPENSES 4,126.42 2,643.02 2,665.99 2,628.52 10,840.00 24.25% TOTAL 148,887.75 146,064.00 142,621.60 142,917.12 653,832.00 21.86% 139 of 189 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 12/31/19 140 of 189 2016!2017 201712018 201812019 2019/2020 2019/2020 2019/2020 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET ENGINEERING PERSONAL SERVICES 73,213.49 34,597.59 0.00 0.00 0.00 n/a OPERATING EXPENSES 52,924.12 59,194.26 0.00 a.00 0.00 n/a TOTAL 126,137.61 93,791.85 0.00 0.00 0.00 n/a ROADS AND DRAINAGE PERSONAL SERVICES 86,884.54 114,470.29 115,593.25 136,148.84 600,329.00 22.68% OPERATING EXPENSES 9,474.46 23,032.57 76,286.24 86224.94 350,586.00 24.59% CAPITAL OUTLAY 0.00 0.00 1,585.00 39,190.25 39,550.00 99.09% TOTAL 96,359.00 137,502.86 193,464.49 261,564.03 990,457.00 26.41% STORMWATER UTILITY DIVISION PERSONAL SERVICES 93,631.24 104,205.45 0.00 0,00 0.00 nla OPERATING EXPENSES 48,531.90 79,040.10 0.00 0.00 0.00 n/a CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 n/a TOTAL 142,163.14 183,245.55 0.00 0.00 0.00 n/a CENTRAL GARAGE PERSONAL SERVICES 39,864.32 42,994.05 52,188.66 43,669.98 185,884.00 23.49% OPERATING EXPENSES 4,917.41 5,426.26 5,776.06 5,230.28 26,465.00 19.76% CAPITAL OUTLAY 0.00 0.00 5,845.01 0.00 0.00 0.00% TOTAL 44,781.73 48,420.31 63,809.73 48,900.26 212,349.00 23.03% FACILITIES MAINTENANCE PERSONAL SERVICES 24,952.00 24,821.44 41,459.65 68,083.43 279,543.00 24.36% OPERATING EXPENSES 67,441.03 34,815.00 41,956.33 44,320.23 253,735.00 17.47% CAPITAL OUTLAY 2,800.00 445.88 0.00 15,372.00 15,505.00 99.14% TOTAL 95,193.03 60,082.32 83,415.98 127,775.66 548,783.00 23.28% PARKSIRECREATION PERSONAL SERVICES 130,075.91 130,189.59 166,199.94 181,520.35 819,797.00 22.14% OPERATING EXPENSES 79,545.44 76,692.82 51,211.92 51,823.33 229,455.00 22.59% CAPITAL OUTLAY 0.00 0.00 24,696.00 42,790.14 145,168.00 29.48% TOTAL 209,621.35 206,882.41 242,107.86 276,133.82 1,194,420.00 23.12% CEMETERY PERSONAL SERVICES 27,900.74 37,343.22 39,865.32 40,224.80 151,217.00 26.60% OPERATING EXPENSES 4,584.04 3,493.07 4,697.27 6,748.16 28,459.00 23.71% CEMETERY 32,484.78 49,327.25 44,562.59 46,972.96 179,676.00 26.14% COMMUNITY DEVELOPMENT PERSONAL SERVICES 32,818.91 74,252.07 78,331.57 80,147.18 424,545.00 18.88% OPERATING EXPENSES 3,545.36 4,662.49 4,081.22 9,974.63 145,179.00 6.87% CAPITAL OUTLAY 0.00 0.00 0.00 14,649.50 20,000.00 73,25% TOTAL 36,364.27 78,914.56 82,412.79 104,771.31 589,724.00 17.77% NON -DEPARTMENTAL PERSONAL SERVICES 67,076.82 42,198.09 51,375.35 54,681.02 287,800.00 19.00% OPERATING EXPENSES 305,808.39 299,469.77 405,681.24 407,061.27 682,557.00 59.64% TRANSFERS OUT 6,249.99 52,981.02 20,457.00 0.00 0.00 0.00% NON -DEPARTMENTAL 379,135.20 394,648.88 477,513.59 461,742.29 970,357.00 47.58% ALL DEPARTMENTS PERSONAL SERVICES 2,098,678.25 1,945,677.33 2,582,233.56 2,877,184.05 9,819,571.00 29.30% OPERATING EXPENSES 768,095.75 825,624.64 848,436.34 893,573.79 2,855,490.00 31.29% CAPITAL OUTLAY 2,800.00 15,081.83 38,125.01 126,811.17 327,135.00 38.76% TRANSFERS OUT 6,249.99 52,981.02 20,457.00 0.00 0.00 0.00% TOTAL GENERAL FUND 2,875,823.99 2,839,364.82 3,489,251.91 3,897,569.01 13,002,196.00 29.98% 140 of 189 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF DEC 31, 2019 141 of 189 Current Prior Project Budget Share Project Year Year Expenditures Percent Funds Number Description Budget Sources tin Thousands of 51 Budget Expenditures F,xoenditares To Date Expended Encumbrances Remaining FY2018 AIRII Generators DST 140.7 140,692 - 27,t IS 27,118 19.27% - 113.574 A1823 Cemetery Improvements CTF 150 150,000 1,390 2,998 4.388 2.93% 7,875 137,737 A1824 Working Waterfront Phase 3 DST 26 25.700 19,875 19,875 77.34% 5,825 - A1860 SlonecropDrainage DST 19 19,145 - 11,229 I1,229 58.65% 7,916 - A1854 Taxiway C Construction FAAIFDOTIDST 2,2161109.6!178 2,503,596 73,001 2,211,833 2,284,834 91.26% 233,239 (14,477) TOTAL 5 2,855,195 S 74,391 52,289,116 52,363,507 82.78% S 254,855 $ 236,833 FY2019 A1920 Working Waterfront Phase 3 FIND/DST 1701250 420.000 - 19,671 19,671 4,68% 2.997 397,332 A192I Pickleball DST/RIF 197/423 619,762 245,470 120,751 366,221 59.09% 128,814 124.727 A1922 Bark Park Shade Structures RIF 14 14,000 9,790 129 9,839 7D.28% 4,161 - A1925 Park Signage RIF 125 125,000 - 22,990 22,990 18.39% - 102,010 A1928 Yacht Club Pier RIF 40 40,000 - - 0.001/. 40,000 A1930 Indian River Drive Corridor Improvements LOGT 100 100,000 53,419 53,419 53.42% 46,581 A1931 Street Repaving & Reconstruction (COMPLETE) LOGT 8 8.000 8,000 8,000 100.00% A1932 CavCorp Parking Lot DST 56.8 56.810 42,790 - 42,790 75.32% 14,020 A1933 Relocate Public Facilities Compound (CLOSED) DST 0 - - - - 0.00% - A1960 Stonecrop Drainage DST 14.5 14,500 - 12,000 12,000 82.76% 2,500 A195? Construct Hangar D FDOTIDST 1,8001450 2,250,000 4,578 69,[99 73,778 3.28% - 2,176,222 TOTAL $ 3,648,072 g 302,549 5 306,159 $ 608,708 17% $ 152,492 11 2,886,872 F)'2010 A2000 ServerHost/Update DST 43.2 43,196 - - - 0.00% 43,195 1 A2001 PD & City Computers DST 85 85,000 80.643 - 80.643 94.87% 308 4,049 A2002 Audio Visual Equipment DST 5 5,000 - - 0.00% - 5,000 A2003 Network Infrastructure DST 26.8 26,804 9,984 9,984 37.25% - 16,820 A2004 PD Vehicles & Equipment DST 355 355,000 14,670 14,670 4.13% 337,875 2,456 A2005 PD Dispatch Radios & Equip DST 191 191,OD0 2,385 - 2,385 1.25% 136,364 52,25) A20D6 Evidence Compound Paving & Carport DST 40 40.000 - - - 0.00% - 40.000 A2007 CDBG Grant Program CDBG 123.7 123.674 - - - 0.00% - 123.674 A2020 BSSC Football Bleachers RIF 20 20.000 0.00% 20.000 A2021 BSSC Baseball Dugouts RIF 40 40,000 - - - 0.00% - 40,000 A2022 BSSC Field Fencing RIF 18 18,000 0.00% 18,000 A2023 Playground Improvements RIF 30 30,000 0.00% 30,000 A2024 Park Improvements RIF 20 20.000 - - - 0.00% - 20,000 A2025 Community Center Office DST 40 40,000 - - - 0.00% - 40,000 A2020 Renovate Goif Tees DST 50 50,000 - - - 0.00% - 50,000 A2027 GC Clubhouse Water Hookup DST 60 60.000 - - - 0.00% - 60,000 A2030 Relocate Public Facilities Compound DST 5088.9 5,088.899 - - 0.00% 5,088,899 A2031 Street Reconstruction LOGTIDST 108.81333.3 442.173 429,319 - 429,319 97.09% - 12,854 .42032 Cape & Mieroseal Roadways LOGT 304 304.017 - - 0.00% 304,017 - A2033 Cape Seal Roadways LOGT 52 52,046 - - - 0.00% 52,046 - A2034 Milling & Paving LOGT 153 152,997 127,823 127,823 83.55% 25,174 - A2060 Roadway Swale Work SW 60 60,000 - - - 0.00% - 60,000 A2061 Canal Improvements SW 500 500,000 0.00% 500,000 A2062 StoneeropDrainage FEMA/DST 64512.15 860.000 0.00% 860,000 A2061 Septic to Sewer Grant Program IRLCICRA IOD/100 200,000 3,345 - 3.345 1.67% - 196,655 S 8,807,806 5 668,168 s - S 668,168 759% 5 898,978 S 7,240,659 GRAND TOTAL $ 15,323,603 S 1,045,108 $ 2,607,805 $ 3,652,914 23.84% $ 1,306,325 $ 10,364,364 141 of 189 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2019 At December 31, 2019, the total of the City's cash and investments were $17,568,898.12. Of this, $13,183,328.92 was held in an interest bearing checking account at Seacoast National Bank, $3,855,213.70 was invested with the State Board of Administration and $530,355.50 is deposited with Florida Trust, which invest in short-term bonds. The City did not purchase any new securities during the quarter and does not hold any direct investments in government securities. Returns at the end of the quarter were 1.85% for the Bank and 1.76% for the State Board. The average annualized return over the 3 months of this quarter from the deposit with Florida Trust was 1.91 %. SEACOAST NATIONAL BANK STATE BOARD OF ADMINISTRATION (SBA) CURRENT CURRENT CASH BALANCE ALLOCATION BALANCE PERCENT INVESTMENT ALLOCATION BALANCE PERCENT General Fund $ 4,856,028.49 36.83% General Fund $ 1,043,153.37 27.06% Local Option Gas Tax Fund 210,370.45 1.60% Local Option Cas Tax Fund 103.515.50 2,69% Discretionary Sales Tax Fund 4,494,042.72 34.09% Discretionary Sales Tax Fund 494,988.91 12.84% Riverfrom Redevelopment Fund 427,928.42 3.25% Riverfronl Redevelopment Fund 255,318.07 6.62% Parking In -Lieu -of Fund - 0.00% Parking In-Licu-Of Fund 56.425.63 1.46% Recreation Impacl Fee Fund 142,010.30 1.08% Recreation Impact Fee Fund 136,196.87 3.53% Stonnwater Utility Fund I,669,211-00 12.66% Stonnwater Utility Fund 566,655,18 14.70% Law Enforcement Forfeiture Fund 15,985.54 0.12% Law Enforcement Forfeiture Fund 21J65.71 0.55% Stonnwaler Series 2003 Debt Service Fund 110,607.41 0.84% Stonnwater Series 2003 Debt Service Fund - 0.00% Capital Projects Fund (14,669.58) -0.11% Capital Projects Fund 0.00% Capital Improvements Fund 0.00% Capital Improvements Fund 0.00% Transportation Fund (0,10) 0.00% Transportation Fund 0.00% Stormwater Projects Fund 243,82835 1.85% Stormwater Projects Fund - 0.001% Golf Course Fund 5,056.28 0.04% Golf Course Fund 0.00% Airport Fund 203,798-07 1.55% Airpon Fund 0.00% Airport Projects Fund 65,795.58 0-50% Airport Projects Fund - 0.00% Building Department Fund 542,851-75 4.12% Building Department Fund 224,447.50 5.82% Cemetery Trust Fund 199,734-24 1.52% Cemetery Trust Fund 861,006.96 22.33% Performance Deposits Fund 10,750.00 0.09 performance Deposits Fund 92,340.00 2.40% Total Bank Balance $ 13,183,328.92 100.00% Total SBA Balance 5 3,855,213.70 100,00% 142 of 189 MOF HOME OF PELICAN ISLAND To: Mayor and City Council Thru; Paul Carlisle, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: March 10, 2020 Re: I" Quarter Accomplishments Fiscal Year 2020 The following are the I" Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended December 31, 2019. CITY CLERK Legislative Support Matters • City Clerk prepared agenda, attended/recorded four Regular City Council meetings and one Executive Session. • Records Clerk attended one Regular City Council meeting. • Completed follow up of approved Council matters — contracts, letters, e-mails, scanned to LF and indexed. • Four resolutions adopted by Council. • One proclamation prepared for presentation by Mayor. • Provided monthly City calendars and revisions to Council, city staff and press. • One advertisement placed with TCPalm. • Coordinated attendance of clergy for Council meeting invocations. • Notified regional boards of Council membership. • Travel arrangements for one Council Member to IEMO. • Recorded two documents with the Clerk of Court. Records Manaeement Prosram • Responded to 59 public records requests • 120 cubic feet of paper records met retention along with duplicate and OSA records destroyed by shredding vendor. • 10 boxes of Personnel Files and 2 boxes of Airport Projects were imported into Laserfiche for permanent and long term record. • Transferred and documented seven bid records for storage. Election Matters • Six candidates submitted M9, G1, G2, G3 treasurer's reports; provided to press as requested. • Administered oath to three Council Members. • City Clerk and Records Clerk witnessed logic and accuracy of voting machines. • City Clerk and Records Clerk canvassed the Sebastian Election (two meetings). • City Clerk and Records Clerk witnessed manual recount. • Provided orientation materials to three Council Members. • Updated and distributed regional committee member information to respective committee staff. Citv Board Matters • Noticed vacancies, prepared seven board appointments, notified and provided info to appointees, updated Board Handbook and distributed pages. • City Clerk prepared agenda, attended/recorded two CRA meetings within Council Meetings. • Records Clerk published all scanned City board packets to City website and Laserfiche and provided to press and Council. • Prepared one certificate of appreciation for outgoing board member. • Sent holiday appreciation gift to all board members. • Coordinated board/committee meeting minutes between staff and technical writer. Cemetery Matters • Certificates of Interment Rights issued for 18 locations for a total of $22,200. • Scanned all cemetery records as sold or amended for permanent retention. 143 of 189 CITY CLERK (Continued) Personnel/Educational Matters • City Clerk and Records Clerk attended three project management meetings. • City Clerk and Records Clerk attended one meeting for the Strategic Planning Project. • Administered oath to two Police Officers. Communitv Matters • Responded to or forwarded CITYSEB emails to appropriate departments. • Records Clerk volunteered for the Holloween Costume Contest Event. ADMINISTRATIVE SERVICES • Worked with the State and HEMA to pursue remaining reimbursements due on Hurricane Matthew and Irma. • Provided administrative support to the Police Pension Board. • Closed accounting records at year-end. • Responded to questions from the Auditors. • Prepared 4ffi Quarter Budget Amendment and made presentation to Budget Committee and City Council.. • Handled normal processing of payroll, accounts payable and cashiering. • Maintained listing of current capital projects and held frequent meetings with project managers to monitor progress. • Coordinated the quarterly employee investment meetings with the ICMA representative. • Monitored and completed required grant paperwork on Airport and other grants. • Monitored and approved payments on major contracts. • Recruited, interviewed and hired replacements for vacant positions. • Handled normal processing of payroll, accounts payable and cashiering.. • Solicited proposals from local financial institutions and selected Seacoast National Bank as our main depository bank. • Worked on review and updating of records on contracts and agreements. • Worked on review and updating of the purchasing procedures. POLICE DEPARTMENT Administration • Continued review of agency policies per accreditation standards. • Conducted interviews for Records Specialist 1, Records Specialist 11 and 911 dispatcher positions. • Hired 2-911 dispatchers and 2 police officers and promoted 1 employee to Records Specialist IL • Attended 3 special event meetings with city staff and participated in several events to include Veteran's Day, Coffee with a Cop, Christmas Parade, Light Up Night, Clam Bake, Salvation Anny Bell Ringing, Turkey Drive, Toy Drive, River Challenge Triathlon and Shop with a Cop. • Continued our quarterly auditing and inspection of the police building and equipment. • Administration attended 5 Council meetings. • Attended over 75 Law Enforcement related meetings and 8 public meetings and/or speaking engagements. • Administrative personnel attended over 50 hours of training to enhance professional development. • Continued to collect statistical data to include: personnel, community, crime, etc. • Responded to 5 public records requests. • Continued our Community Outreach Program focusing on enriching our relationship with our citizens hosting events. Volunteers • The Community Service Volunteers worked a total of 2,413 hours during this quarter. • 55 bank deposit details were made. This service is done for City Hall so employees do not have to leave their assigned duties. • 0 traffic control details were assigned. These consist of directing traffic at city events, road closures, etc. • 448 house watches/close patrols were completed. • 4I vehicle transports were made consisting of taking the vehicles to different locations for repairs, etc. • 424 business checks were made. These business checks are conducted to help patrol officers keep an eye on the business community which helps reduce crime. • 108 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 55 Airport checks were made. The visibility helps to deter crime. • 128 special details were assigned. • 3 miscellaneous assist for law enforcement personnel. • 123 paper runs, i.e.: State Attorney's Office, Sheriff's Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney paperwork, and miscellaneous items as needed. • Assisted with traffic control on 12 traffic crash scenes. • 0 warnings for handicapped parking tickets issued and 0 warnings for other parking infractions issued. • 6 citizen contacts. • 515 miscellaneous jobs. • 30 hours of Escorts were compieted. 144 of 189 VA School Resource Officers Patrol hours Mentor lunches Crossing Guard contacts Reports GREAT classes taught Life Skills classes taught ! Area/school checks "19 ` ""' 41W. I 0 20 40 60 80 100 120 140 160 Dec. ► Nov. P Oct. Area/school checks 110 145 150 405 Life Skills classes taught 1 5 29 3S GREAT classes taught 0 0 0 0 Reports 0 4 4 8 Crossing Guard contacts 7 22 7 36 Mentor lunches 2 8 25 35 Patrol hours 32 64 16 112 Community event hours 3 1 6 10 Road Patrol and Snecial Operations • Officers were dispatched to 7156 calls for service, and self -initiated 4574 events_ • 102 adult and 3 juvenile arrests were made. • Officers issued 301 citations, 2 parking citations, and 919 written warnings. • Officers completed 467 offense reports and 84 crash reports. Snecial Operations Incident Citations Warnings Reports Arrests Traffic Unit (462) 0 0 0 0 Boat Officers (Assigned to shift coverage.) K-9 Ofe's (41/38/59/42) 34 137 42 6 TOTALS 34 137 42 6 K-9 Unit • K-9 Training Hours: 460 • Misdemeanor Arrests: I • Felony Arrests: 9 • Narcotic Searches: 16 • Activity Reports: 6 • K-9 Demonstrations: 3 • Schools Attended: Lock Picking and Bypassing, Narcotic Detection Certification. • Additional Training Hours: 236 SRT, In-house, and New Hires. • Agency Assisted: Indian River County and Brevard County. Road Patrol and Special Operations have continued to professionally serve the community by patrolling the city in order to deter crime and maintain the community policing philosophy. Officers and sergeants maintain their skills by attending mandatory and advanced training throughout the year. 145 of 189 3 Detectives Arrests 2 0 0 2 Warrants 2 0 1 3 Training/Meeting 2 6 0 8 TRAINING/MEETINGS (hours) 67 95.5 42.5 205 Hours 5 8 3 16 Follow -Ups 10 17 16 43 Active Cases 19 22 18 59 Assigned Cases 14 15 11 40 Ciea red Cases 4 5 4 13 Inactive Cases 9 6 6 21 Supplements f 18 16 14 48 Call Outs 2 3 1 6 Call Outs Supplements Inactive Cases Cleared Cases L Assigned Cases Series4 Active Cases Series3 Fallow -Ups � a Series2 Training/Meeting Flours "'"'' "' """"" """" ' r Seriesl Warrants Arrests Subpoenas 0 s0 100 150 200 250 Communitv Policine & Crime Prevention Officer SUBPOENAS 1 2 1 4 ARRESTS 4 3 0 7 WARRANTS 2 6 0 8 TRAINING/MEETINGS (hours) 8 8 10 26 FOLLOW-UPS 5 8 3 16 ACTIVE CASES 4 2 3 9 ASSISGNED CASES 5 3 5 13 CLEARED CASES 3 3 4 10 INACTIVE CASES 0 0 0 1 SUPPLEMENTS 10 3 5 18 SURVEILLANCE (HOURS) 20 40 20 80 146 of 189 4 COPE QUARTERLY REPORT 1,300 1,651 1,457 ACTIVITY HOURS Community Events: Agency outreach: Regional Outreach: Admin & Research: COMMUNITY EVENTS 43 Honor Flight - 6 Movie Night - 10 Crime Stoppers -2 Pension Board - 2 AGENCY OUTREACH EVENTS 24 Christmas Parade - 5 Community Night Out -12 Torch Run - 6 Special Events - 1 12,665 911 Calls Received Light Up Night - 5 Turkey Drive - 4 Awards - 2 COMMUNITY MEETINGS 47 Hiram's Triathlon - 10 Toy Drive - 6 T3 Maint. - 2 ,`,. ut' L , , yli,,. ,h' , ' 8 39 Clambake - 18 Shop w/ a Cop — 6 SRO: -14b COPE Meeting - 2 � 0 1,804 1,705 Sebastian.Church Fall Road Coverage - 8 Banquet - 20 397 PUBLIC TRAINING CLASSES 38 1,137 Festival - 4 Honor Guard - 8 Lip Sync Video - 2 REGIONAL OUTREACH 54 Costume Contest - 6 Community Meetings: 34 33 98 Home Depot - 3 Exchange Club -6 1,496 SRO Coverage 18 Coffee w/ a Cop - 3 ECC -1 Explorer Post Social Media EXPLORER POST ACTIVITIES 96 Park Place Black Captain Tobacco Free - 2 Activities: 30 Management: Meeting- 1 Veteran's Council 1 {F Twitter, TRAINING AND SCHOOLS 258 Salvation Army Bell Ring - 3 Instagtagram) - 24 IN-SERVICE INSTRUCTION 16 Lip Sync Battle - 6 School Related Events: Training and SOCIAL MEDIA MANAGEMENT 24 SCJH - 10 Schools: Public Training lasses: b Sebastian - 3 In Service - 8 In-Service Inst ADMINISTRATION & RESEARCH 52 S,A.F.E. Women -6 Preschool - 2 Below 100 - 4 Vehicle Ops - 8 ROAD PATROL COVERAGE 0 Rad Kids -32 Humvee - 1 !ACTIVITY _ ■ COMMUNITY EVENTS AGENCY OUTREACH EVENTS 146 30 " 13 ► COMMUNITY MEETINGS g SCHOOL -RELATED EVENTS PUBLIC TRAINING CLASSES 24 REGIONAL OUTREACH $ 84 SRO Coverage 40 31 EXPLORER POST ACTIVITIES TRAINING AND SCHOOLS 151 8 IN-SERVICE INSTRUCTION 38 SOCIAL MEDIA MANAGEMENT 10 ADMINISTRATION & RESEARCH ROA D PAT RO L COV E RAG E Communications Division Officer Initiated Calls 1,300 1,651 1,457 4,408 Code Enf. Initiated Calls 805 789 757 2,351 Volunteer Initiated Calls 454 257 336 1,047 Calls Entered Into CAD 4,197 4,277 4,191 12,665 911 Calls Received 730 710 781 2,221 911 Calls Transferred Out 354 351 401 1,106 911 Hang-up Calls 39 39 22 100 Admin. Calls Received 1,804 1,705 1,848 5,357 Admin. Calls Transferred 397 357 383 1,137 Outgoing Admin. Calls 895 966 1,023 2,884 Training/Meeting Hours 31 34 33 98 Disp. Calls For Service 1,571 1,496 1,571 4,638 Officer Initiated Calls 1,300 1,651 1,457 4,408 147 of 189 5 Training/Meeting Hours Outgoing Admin. Calls Admin. Calls Transferred Admin. Calls Received 911 Hang-up Calls 911 Calls Transferred Out 911 Calls Received Calls Entered into CAD Volunteer Initiated Calls Code Enf. Initiated Calls Officer Initiated Calls Disp. Calls For Service Crime Scene/Evidence 0 1,000 2,000 3,000 4,000 5,000 Items Received Evidence Processed In- house Evidence Outsourced Items Returned Items Purged Cars Impounded Video Redaction Hours Video's Burned Supplements Written Evidence Processing Hours Crime Scene Processing Hours Training Hours Call Outs Call Outs Training Hours Crime Scene Processing Hours Evidence Processing Hours Supplements Written Video's Burned Video Redaction Hours Cars Impounded Items Purged Items Returned Evidence Outsourced Evidence Processed In-house Items Received 220 43 82 10 21 20 23 16 8 24 5 6 82 30 21 0 0 0 0 0 16 43 22 23 1 2 4 57 73 95 21 22 0 40 12 12 2 2 0 Month 3 Month 2 Ik Month 1 0 so 100 1.50 200 250 345 51 47 35 133 0 16 88 7 225 43 64 4 Dec W Nov Oct 148 of 189 6 Code Enforcement • Issued 576 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 136 property inspections for title companies and 112 sign violations. • 716 Code Services. • 887 re -inspections, 98 violations were not complied with, 124 were posted for abatement, 8 abated by vendors. • 658 violations complied. • 1 Liens filed, I 1 liens released. • 113 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. to gain compliance. • There were no calls for water violation during the first quarter. Alarm Assessment • $610.00 in alarm permits (new and renew). • S 100.00 in false alarms fines. • 116 alarm responses by officers, 56 of these were false_ • 24 New permits issued. ROADS Asphalt • 57 Tons. • Repaired multiple road crossing where road pipe was replaced. • Repaired various pothole complaints all over city limits. • Repaved section of old runway that attaches to airport taxiway. Concrete • Dug out, formed and poured 4 large pads at airport for runway directional signs. 4112 pallets of sakrete. • Stripped and repaired Lake Dr. bridge wall with new concrete extension. • Poured repair sections of sidewalks along Indian River Dr. • Cut back driveway on Schooner that protruded into roadway where new road reconstruction was taking place. • Grinded trip hazards at memorial on Indian River Dr. • Grinded Trip hazards in Schumann area. Miscellaneous • Mowed city spillways and bridges (x2 monthly). • Mowed Harbor Lights hotel. (x2 monthly). • Edged and cleaned sidewalks along Fleming Dr. • Edged and cleaned sidewalks along south side of Barber St. • Edged and cleaned medians at Main St. and Fleming St. • Edged and cleaned sidewalks along Orange Ave. • Mowed and trimmed Powerline Rd. hedges. • Assisted parks with work at pickle ball courts. • Regrade of overflow parking lot. (x2). • Spread millings at airport to make road to new dump site. • Spread dirt at temporary dumpsite at airport, • Pushed millings into pile at airport that was dumped by road contractors. • Restriped training lines at airport for CDL training. • Assisted with prep work for city clambake. • M.Q.T. training and Stormwater erosion control. Richt of ways • Crew cut back all vacant lots along Laconia St. • Cut back all vacant lots between Laconia St. and Bevan. • Cut back all vacant lots between Bevan Dr. and Stonecrop St. • Cut back vacant lots along George St. and Melrose Ln. • Cut back both side of city alleyway parallel with 512 from Wimbrow Dr. to Laconia St. • Cut back any complaints that were turned in from residents. 149 of 189 7 Sign Shop • Sienaee and Installation No. • Created: 364 • Signs Installed: 97 • Signs straightened 12 • Traffic Studies: 1 • GIS Location: 532 • Decals: 12 • Pavement Markings • Stop Bars 0 • Yellow Line Striping 2254 Ln. ft. • White Line Striping 0 Ln. ft. • Parking Lots 0 Ln. Ft • Cross Walks 0 • Special Projects ■ Airport Taxiway signs: Completed. • Skateboard Park Signs: Completed. • Street/Stop Signs Section 2: In Process. • Pedestrian Crossing Main St. @ Church: Completed. • Picklebail Courts Signage: in Progress. • Road Painting Section 1 : 50% Completed. • New Projects • Parking Lot Painting City Hall: Completed. • Parking Lot Painting River Front: Pending. • Painting Barber St. from US 1 to Bristol: Pending. • M.O.T - Special Events 8. • School Light Issues: 10. • Citizen Request: 9 (All addressed and closed). • Work Orders: 33 (All addressed and closed). • Created Signs Breakdown • Street signs: 336 • Regulatory 15 • Warning: 4 • Guide: 0 • Wayfind: 0 • Wildlife: 0 • Aviation 11 • Golf Course 0 Facilities Maintenance • Maintain City Flags. • Maintain and Monitor all lift stations. • Monthly AC Maintenance all City Building. • Assist with Splash Pad Operation. • Daily monitoring of City Marquees. • Monthly monitoring and supplies. for 16 AED stations. • Perform daily maintenance and repairs to all City Building. • Monitor daily activity Nash Janitorial. • Facilities Maintenance: MSDS Master index binder. • All City Building: Manufacture/InstaIl date inventory of AC all units. • Hangar A: Fire backflow repair. • City Hall: Fire Backflow repair. • Admin Building; Replace Duct detector, Roof vents (Leeward Roofing). • Admin Building, Pull, Clean reinsulate 5 AC evaporators. • Community Center: Replace AC unit #3 (Arnold). • Riverview Park: Resurface restroom floors (Garage Enhancement). • Imperial Dade: Price reduction. • City Hall: LED Lighting. • Harrison Restrooms: Fire Restoration (Legacy). • Backflow Certification: Devroy Sharpe. 150 of 189 s C emetery • Burials full 9 • Cremains: I1 • Showed public cern. Prop. • Markers re -installed. • Routine mowing, weed eating, edging, clean water cooler. • Enhancements: True Green & plants. • Quarterly gauge of rain: 10.7 inches. • Survey pins. • Fixed irrigation, cleaned storm drains. • Sealed niches. • Power washed gazebo on going. • Check for items that don't belong in cemetery on going. • Parts run. Construction Specialist • Parks • Install electrical Memorial Park • Repair electrical at Riverside Park • Prep park for festival. • Replace underground wiring lift station Creative Park. • Site prep and trenching for Pickle Ball Park. • Electrical install Pickle Ball Park. • Mowing Storm Water Park. • Airport • Install LED lighting inside Hangar B. • Install lift pump Hangar B. • Replace compressor motor Hangar B, • Set up Temp. compressor, Hangar 13. • Assemble lighting for Airport Dr. • Order lighting parts at Airport Dr. • Old School House • Repair electrical front of building. • Patch down spouting rear of building. • City Hall • Repair Misc. electrical. • Indian River Dr. • Repair lighting as needed. • Estimates for lighting reconditioning. • Lift Station adjustments and pump removal for repairs. • Pier dock inspections. • Install piling protectors at Yacht Club. • General research for lighting and pricing on upcoming projects and repairs to older facilities. Fleet Management: • The Fleet Management Staff completed 239 repair work orders, 38 preventive maintenance services 13 service calls and Iroad trips to picl up parts. • In addition to in-house vehicle/equipment work orders, 23 vehicle and equipment repairs were scheduled and completed by outside vendor • Took delivery of the following units: • (1) PW Truck. • (1) Leisure Services Truck. • (1) 15'Mower for Airport. • (1) Dump Trailer for Leisure Services. • (1) Cement Mixer for Public Works. • Completed the prep (lights, rack, graphics, etc.) on the following units: • Same as above. • Completed the sale of equipment: (8) equipment//vehicles through Gov. Deals $49,925.25 net. • Fuel Cost as of the 8 Jan. 2020 is as follows: • $186 per gallon of gasoline an increase of .5% over the past 90 days. • $2.22 per gallon of diesel fuel an increase of 4.5% over the past 90 days. 151 of 189 9 LEISURE SERVICES • Special Events Prep • Cart prep and delivery, Clambake Event, Pearl Harbor Veterans, Christmas Parade. • Maintenance + Trimming of trees, debris removal, prep for concrete slabs as base for shade structures, apply rocks to bathroom foundation, add asphalt millings, spread sand on bathroom foundation, assemble tables and chairs, pressure wash sidewalks, remove old scoreboard, remove batting cage padding. • Installation • Windscreens/Overhead Shade Canopies. • Tennis Net, Baseball Nets, Basketball Net. • Table and Benches, bench assembly. • Light Timer. + Pallets of Sod, Mulch. • Playground construction fencing and debris removal. • Shade covers for playground. • New Scoreboard. • Repair + Fence, Irrigation lines & heads, Irrigation line & fittings at Splash Pad, Playground. • Repairs 10 • Maintenance 18 • Inspections 1 • Installation 15 • Special Event Prep 15 • Non park activity 5 • Worked Event 15 • In-house replacement 10 • Continued maintenance on parks and medians, mowing, edging, weed eating, trimming hedges, pulling weeds, pick up of trash. STORMWATER DEPARTMENT • Quarter Round Maintenance • Brushfoot retention pond, • Day Drive Removal of brush. • Big Ditch on Easy/ Englar Drive. • Road Crossing Pipes • 120' installed 2 Catch Basins. • Vac Truck • 6 Baffle Boxes Indian River Dr. 7 cubic yards removed. • Ongoing mowing and cleaning up Stormwater detention ponds. • Buildins Inspections count by Phil and Eric • 309 Inspections. • Citizen Request Report • October 2019- 104 Reauest + 65 Stormwater — 11 Outstanding, • 20 Other — 0 Outstanding. • 14 Roads — 1 Outstanding. • 5 Parks -- 0 Outstanding. • November 2019 — 111 Rea nests • 57 Stormwater — 8 Outstanding. + 25 Other — 0 Outstanding. • 23 Roads — 6 Outstanding. • 4 Parks - 4 Outstanding. • December 2019 — 84 Outstandine • 38 Stormwater— 11 Outstanding. • 23 Other — 1 Outstanding. • 21 Roads — 11 Outstanding. • 2 Parks — Outstanding. 152 of 189 10 GOLF COURSE • Revenue 19-20 18-19 Difference+/- • 1" Ouarter Rev. $386,404 $418,855 -$32,451 + YTD Tot. Rev. $386,404 $418,855 -$32,451 + 1St Ouarter Rounds 9,809 11,186 -1,377 + YTD Tot. Rds. 9,809 11,186 -1,377 • 1" O. Green Fee $91,442 $101,101 -$9,659 • 1St O. Cart Fee $128,658 $151,570 -$22,912 • 1St O. Annual Member $92,146 $88,741 +$3,405 • YTD Ann. Mem. $92,146 $88,741 +$3,405 • 1" O. USGA Hdcp. $4,488 $4,260 +$228 • YTD USGA Hdcp. $4,488 $4,260 +$228 • 1" O. Disct. Card $24,861 $24,907 -$46 • YTD Disct. Cd. $24,861 $24,907 -$46 • 1" O. Driving Ranee $8,769 $10,729 -$1,960 • YTD Dr. Ree. $8,769 $10,729 -$1,960 • 1" O. Club Rental $667 $695 -$28 • 1" O. Club Storage $3,144 $2,978 +$166 • YTD CR & CS $3,811 $3,673 +$138 • 1St Q Golf Shop Retail $22,027 $27,232 -$5,205 • YTD Shon Retail $22,027 $27,232 45,205 • 1" O. PGA Pro Lesson $680 $325 +$355 • YTD Lesson $680 $325 -$355 • 1" O. Restaurant Rent $7,500 $4,847 +$2,653 • YTD Rest. Rent $7,500 $4,847 +$2,653 • Rain amount 15.2" 3.7" +11.5" • Comments: Rainfall amounts were significant in 151 Quarter, with over 15 inches of rain. First Quarter of 18-19 entailed (only) 3.7 inches of rain, October of this Quarter entailed over 6 inches and December entailed over 7 inches of rain. On all rain days, staff was cut-back. Despite the rainfall amounts, Annual Memberships increased in revenue despite no increase in the Annual Membership fee (received 6 new Annual Members). Golf Course continues to be in very good condition, including the most important factor; greens. • Charity, Corporate and special Golf Tournaments for the I" quarter included Central Baptist Church (56 players), Palm Bay Golf Association (16 players), Sebastian Italian -American Club (131 players), Len Eddy 3 -Day Invitational (20 players), Barefoot Bay Christmas for Kids Tournament (71 players), Solid Rocket Booster League (rained -out), Sebastian 2 -Person Team Championship (62 players), Sebastian Rotary (68 players) and Habitat Golf League (16 players). • Charity, Corporate and Special Golf Tournaments scheduled for 2"a quarter (19-20) include New Year's Day Golf Tournament, Orioles Lodge #272 Tournament, 9`b Annual Michael Nichols Memorial benefiting the Leukemia and Lymphoma Society, Friendship Christian Church Golf Tournament, Brevard Golf Association, Knights of Columbus Golf Tournament and Palm Bay Golf Association. • In conjunction with the Indian River Golf Foundation, conducted 10 junior golf clinics. • Offered 6 Demo Days, which is an excellent way to attract new golfers and golfers who have had a long absence, back to the game. AIRPORT • Clearing of trees at approach end of Runway 5 • Repaired 15ft of open fencing in NE corner of Airport • Cleared all brush at end of Runway 5 • Repaired Runway 10 PAPI lights with new control board • Upgraded Pilot Controlled Antenna • Replaced Velocity's air compressor • Developed new brush zone east of old runway • Assisted with taxiway projects 153 of 189 BUILDING DEPARTMENT • In the first quarter of this fiscal year, a total of 42 new single-family homes were issued building permits. New single family residence permits remains steady. Other permits of significance include 5 new manufactured homes, 2 new commercial buildings, 0 commercial additions, 2 commercial alterations, 0 commercial build outs, I residential addition, 2 new multi -family and 97 residential alterations. In all, 81 5 building permits were issued in the first quarter. Permits issued in the first quarter were roughly 18% less than the fourth quarter. This is likely due to the holidays. • Total number of inspections for the fust quarter was 2323 for an average of 30 inspections per working day. The number of inspections is significantly reduced from what was reported in the fourth quarter. Reduction can be attributed to the holiday season and to the new ability to target only building related inspections from the new computer system providing more accurate record keeping. • The Fire Prevention office has continued to conduct annual inspections as requested from businesses that need annual inspections for their licensure requirements. Follow up as needed on deficiencies found from Compliance Engine reports provided by Indian River County Fire Dept.. • The number of Certificates of Occupancy issued for the fourth quarter included 46 new single family residences, 1 manufactured home, 1 multi -family, 0 commercial certificates of occupancy, 0 commercial temporary certificates of occupancy and 0 commercial certificates of completion. • The following lists the Business Tax Receipt activity for the first quarter: new businesses -12, renewals -665, transfers -4, duplicates 0, home based businesses -8, commercial businesses -4, insurance companies -1 and solicitor registrations -11. In addition, there have been 83 requests for permit records on properties within the city from lien/title companies. • The building department continues to implement the new building department computer program. Customers are becoming accustomed to the new system with very few issues. 154 of 189 are Lf SETM QZ - L �___ - - HOME OF PELICAN ISLAND Council Meeting Date: March 18, 2020 Aqenda Item Title: Recommendation CITY COUNCIL AGENDA TRANSMITTAL Approve to "Piggyback" City of Lauderdale Lakes, FL RFP No. 19-3410-18R for Retail Trade Analysis and Marketing Plan using Retail Strategies Alabama, LLC, The Procurement Division, on behalf of the City Manager, recommends that the Council APPROVE "Piggyback" RFP No. 19-3410-18R City of Lauderdale Lakes, FL using Retail Strategies Alabama, LLC. Backqround: Retail Strategies will be conducting an assessment of the retail needs of the area and create a marketing plan that will assist in the recruitment of desirable retailers and retain those that are poised for growth. To achieve this, demographic characteristics and trends will be determined, drive times and traffic count will be analyzed; as well as the current types of businesses that are needed to help fill gaps in the area. Engagement will include survey materials and informational sessions to gain input from residents, community groups and the business community. Direct contact was made with City of Lake Worth Beach, FL and City of Lauderdale Lakes, FL regarding their experience with Retail Strategies and positive references were given. The City of Lake Worth Beach has been working with Retail Strategies since 2015, amending the agreement for extensions four (4) times. The City of Lauderdale Lakes, FL has recently entered into an agreement in October 2019. The team was described as "responsive to requests", "clarifies doubts and clarification in a timely manner" and "courteous and attentive." "Piggybacking" guarantees that the same pricing and contract terms will be honored while the contract is active; this includes any contract extensions or renewals. The proposed pricing, is based on the Price attached. Performance will be evaluated after the 15t year of service to determine the yearly cost going forward. If Agenda Item Requires Expenditure of Funds: Total Cost for 15t Year: $40,000.00 Fund to Be Utilized for Appropriation: General Fund ]RMc-i Administrative Services Department Budget Review:_1 .-1 Attachments: 1. Specific Related Experience 2. Price Schedule 3. Proposed "Piggyback" Agreement 4. Signed Piggyback Notice 5. Award Document (Resolution) -- City of Lauderdale Lakes, FL City Manager Authorization Date: -7 /// /,.2"0 v 155 of 189 Longwood, Florida - Tom Krueger 407-260-3430 174 W Church Avenue Longwood, FL 32750 Longwood much like Lauderdale lakes was in a classic donut hole scenario; they were just close enough to other major retailers in surrounding communities that they were getting passed over by those desirable,retailers: Through our efforts over the last 3 years the floodgates have opened and those upper echelon retailers we met with at the beginning who said "No" are now beating down the door trying to locate within the city. We are very proud the city has recently renewed their 3 year $110,000 contract for another 3 years. Craig Shadrix (407) 905-3100 150 N Lakeshore Dr, Ocoee, FL 34761 Ocoee enlisted our Florida Management team to help revitalize the West Oaks Mail which had 2 major anchor leave and left the remining tenants in despair. Since becoming engaged in 2015 we have been working with Moon Beam Capital to repurpose those 2 big boxes. Since our efforts on recruiting non retail tenants in those spaces the rest of the mall has seen an uptick in sales specifically restaurant sales.. Ocoee has a 3 year contract -valued at $110,000 which they have renewed. Lake Worth, Florida Community Redevelopment Agency Joan Oliva 561-493-2550 1121 Lucerne Avenue Lake Worth, FL 33460 The Florida Management Team began working with the Lake Worth CRA in 2015 with a 3 year agreement of $110,000; the CRA has chosen to renew every 3 years. Retail Strategies was originally brought on to recruit to the blighted Dixie Highway. The main challenges we have faced include assembling multiple parcels, all of the blocks are split blocks and the perception of the retail sphere were not in a positive light. We have been able to overcome these challenges by tag teaming an investment group to tie up 14 pieces of properties. Since the beginning of our partnership we have recruited 5} businesses to the CRA zone. www.retailstrategies.com w 121 SW Port St Lucie Blvd, Port St. Lucie, FL 34984 (772) 871-5225 Elijah Wooten Originally the Florida Management tea was brought in for a q year $40,000 agreement in December 2017 to capitalize on the tremendous residential growth Port St. Lucie was seeing. The goal is to grow retail base to match the new residents needs and retail desires. Leadership of Port St. Lucie valued our efforts and has extended their contract into year two with the desire to renew again in winter 2019. Chamber of Commerce Theresa Pinto 162 S Marion Ave, Lake City, FL 32025 (386) 752-3690 The, U.S. Highway 90 corridor in Lake City saw a boom in stores and restaurants, fueled largely by a contract the Chamber facilitated in 2013 with Retail Strategies. Since the beginning of our 3 year $80,000 agreement contract the Florida Management team has recruited thirteen businesses that will generate over $300,000+ in sales tax revenue for the county and over 200 new jobs. Economic Director Glen Hunter said the contract helped bolster the county's brand in the eyes of major retail chains. "They brought awareness to our market," he said. "For the dollar amount, } think it's a good value," he added. We are honored Lake City has renewed our agreement every 3 years and look forward to many more years of successes. Foley, Alabama Mike Thompson City Administrator mthompson@cityoffoley.org. (251) 943-1545 Augusta, Georgia Margaret Woodard Executive Director mwoodard@myaugustadowntown, com Tangipahoa Parish, Louisiana Ginger Cangeloisi Executive Director gcangelosi@tangipahoa.org 985-340-9028 ext. 454 Gastonia, North Carolina Kristy Ratchford Crisp Economic Development Director kristyc@cityofgastonia.com 704-842-5105 Johnson City, Tennessee Preston Mitchell Director, Development Services 423-434-5955 Myrtle Beach, SC `Fox' Simons, Jr. Assistant City Manager fsimonsacitvofmvrtlebeach.com (843) 918-1016 ElectriCities of North Carolina, Inc. Jennings Gray Senior Retail Recruiter jgray@electricities.org 919-760-6303 Morrow, GA Sylvia Redic City Manager sylviaredic@cityofmorrow.com 678-902-0397 Tullahoma, TN Thom Robinson Economic Development Director trobinson@tullahomatn.gov 931-455-2282 Clayton, NC David DeYoung Economic and Community Development Director ddeyoung@townofclaytonnc.org 919.359.9347 158 of 189 GENERIC TIMELINE Discovery Timeframe: Day 1 - 5 Kick Off Call Scheduled Day 1— 5 Questionnaires sent and Basecamp Access Granted Day 1— 30 Data and Analysis Day 31— 60 Real Estate Analysis Day 31— 60 Space Jam Data Analysis (OPTIONAL) Day 61— 90 Retail Strategy Process Recruitment Timeframe: Throughout the life of our partnership we will be connecting with property owners, brokers, developers, retailers, restaurants, and all other players within a retail real estate transaction on your behalf. Web Platform Timeframe: The web platform is created following the completion of the Retail Strategy. The web platform generally takes 2 — 3 months to complete. Below is a graphic that shows general timelines for our process. 0 ao ISO leo slMaha 9 Investment Total: $40,000 Annually DISCOVERY PROCESS - $20,000 DATA & ANALYTICS 11 REAL ESTATE ANALYSIS 11 COMMUNITY INPUT 11 RETAIL STRATEGY Requested in the RFP • Evaluate the retail needs and preferences of trade are of residents • Identify viable retail developments • Locate potential retail development and redevelopments for next 5 years • Identify and Evaluate priority commercial properties for development, re -development and higher and best use opportunities • Develop marketing plan and recruitment strategy • Develop trade area analysis focused on drive time delineation • Develop profiles of customers in the trade area based on buying habits, media habits and lifestyle characteristics • Tapestry lifestyles — psychographic profile of trade area I market segmentation analysis • Assess the business potential of selected sites in the city • Recommend specific businesses including retail, restaurants, offices and services that match the City's customer profile • Match the Psychographic Profiles of the consumers with profiles of businesses including retail, restaurants, and services that would consider the City for a location or expansion • Prepare information specific for each of the targeted businesses including retail, restaurants, and services identified and identify the individual in the companies who makes location decisions • Make other recommendations as seen pertinent to the assessment • Provide a retail leakage/ surplus analysis • Provide information to understand the value of residents, and surrounding households when considered as a workforce. • Target List of Retailers and Restaurants (minimum of 30) • Provide information to understand residents access to services, retail, and restaurants Additional Services • Develop a City Web Site which includes an online data base of data, analytics, and other information that will serve as an effective marketing tool to assist recruitment efforts • Analyze peer markets and provide information on their marketplace and how Lauderdale Lakes compares to similar markets • Identify market retail trade area using political boundaries, drive times and radii and custom boundary geographies • Identify and evaluate competing shopping areas • Market Outlook Reports • Aerial imagery of trade area(s) • Provide updates on retail industry trends • Retail Real Estate Analysis performed by Licensed Retail Real Estate Professionals • Identification of priority business categories for recruitment and/or local expansion • Customized Marketing Guide (four pages) RETAIL RECRUITMENT - $20,000 • Pro -active retail recruitment for targeted zones • Will contact a minimum of 30 retailers, restaurants, brokers and/or developers each year • Updates on new activity will be provided to Client's designated primary point of contact via Basecamp, telephone, or email on a regular basis • ICSC and Retail Live conference representation- updates provided according to the yearly conference schedule • On Demand Reporting — by partnering with Retail Strategies we become your research arm providing data to our contracting entity as it is requested. • Active outreach to local brokers and land owners 160 of 189 "PIGGYBACK" AGREEMENT City of Lauderdale Lakes, FL — RFP No. 19-3410-18R This Agreement is entered into by the parties this day of 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Retail Strategies Alabama, LLC (Contractor). 2. Designated Contact Person as to City: Paul Carlisle City Manager 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8203 Email: pcarlisle@cityofsebastian.org , 2020. 3. Designated Contact Person as to Design Builder: Sarah Beth Thornton (PROJECT MANAGER) Business Development 2200 Magnolia Avenue South, Suite 100 Birmingham, AL 35205 Phone: 256-679-7431 Email: sthornton@retailstrategies.com 4. "Piggyback". City of Sebastian Procurement Ordinance Section 2-10 (c)(2) allows for "piggybacking" contracts/agreements. Pursuant to this procedure, the City has authority to utilize contracts or master agreements of state, federal or other local governments or other public entities, and there is no need to obtain formal or informal quotes, proposals or bids. The Parties agree that the Contractor has entered a contract with City of Lauderdale Lakes, FL, identified as: Retail Trade Analysis and Marketing Plan (Contract No. 19-3410-18R), referred to as the "original contract" (Exhibit "A"). 5. Terms and Conditions. All terms and conditions set out in the original contract are fully binding on the Parties and are incorporated herein. 6. Compensation. Based on the Contract price listed in the original contract, a total sum of $40,000.00. Performance will be evaluated to determine yearly compensation going forward. 7. Modification to Original Contract. Notwithstanding the requirement that the original contract is fully binding on the Parties, the Parties have agreed to modify certain technical provisions of the original contract as applied to this contract between the Contractor and the City of Sebastian, as follows: a. Article 2 — Term: The initial term shall be for one (1) year, beginning when this agreement is fully executed. b. Article 5 — Notice: The Contractor agrees that all business will be conducted and all notices and invoices shall be mailed to: City of Sebastian 1225 Main Street, Sebastian, FL 32958 c. Article 6 - Insurance Reauirements: Contractor shall provide a Certificate of Insurance naming the City of Sebastian as an "additional insured". d. Article 7 — Indemnity: The Design Builder shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Design Builder, its family, associates, Design Builders, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. e. All other provisions in the original contract are fully binding on the Parties and will represent the agreement between the City of Sebastian and Contractor. City of Sebastian, Florida 1 Retail Strategies Alabama, LLC 1 1 of 189 "Piggyback" City of Lauderdale Lakes, FL- RFP 2+-3410-18R Pagel of 2' 8. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 9. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 10. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 11. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN 1UV Paul E. Carlisle CITY MANAGER RETAIL STRATEGIES ALABAMA, LLC BY: Robert R. Jolly Jr. CEO/PRINCIPAL City of Sebastian, Florida 1 Retail Strategies Alabama, LLC �2 Of 189 "Piggyback" City of Lauderdale Lakes, FL - RFP 2+-3410-18R Page 2 0 MYOF 5E A ROME OF PELICAN ISLAND Administrative Services — Procurement Division 1225 Main Street — Sebastian, Florida 32958 March 10, 2020 Robert R. Jolly, JR. Email: Robert@retaitstrategies.com Retail Strategies Alabama, LLC 2200 Magnolia Ave. S. Suite 100 Birmingham, AL 35205 SUBJECT: Notice of Intent to Piggyback RFP No.: 19-3410.18R (City of Lauderdale Lakes, FL) RETAIL TRADE ANALYSIS AND MARKETING PLAN, Dear Mr. Jolly: The City of Sebastian intends to piggyback the above referenced Contract from City of Lauderdale Lakes, FL in accordance to the City's Ordinance Section 2-10 (c)(2). Acceptance of piggybacking guarantees that the same pricing and contract terms will be honored for the purchase of goods/services made while the contract Is active; this includes any contract extensions or renewals. Period Covered by Contract: October 8. 2019 — October 7. 2020 Please return the signed Notice of Intent to Piggyback and an updated Certificate of Insurance to the City by Thursday, March 12, 2020 via email to afraser@cityofsebastian.org, Should you have any questions, please contact Ann -Marie Fraser, CPPB, MBA — Procurement/Contracts Manager, at (772) 388-8231 or afraser@cityofsebastian.org. We value your association with the City of Sebastian. Sincerely, cnn-carie P2,aser Ann -Marie Fraser, CPPB, MSA ProrurementlContracts Manager Check one: Yes Retail Strategies Alabama, LLC WILL honor pricing and contract terms submitted in reference to RFP No.: 19-3410.18R (City of Lauderdale Lakes, FL). FINo Retail Strategies Alabama, LLC WILL NOT honor pricing submitted in reference to RFP No.: 19-3410-18R (City of Lauderdale Lakes, FL). b.1b.2n Robert R. oily JR., CEO1Principal Date 163 of 189 RESOLUTION 2019-107 A RESOLUTION OF THE CITY COMMISSION OF LAUDERDALE LAKES, FLORIDA AWARDING THE CONTRACT NO.: 19-3410-18R TO RETAIL STRATEGIES ALABAMA, LLC; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CONTRACT THEREFOR, FOR THE PURPOSE OF PROVIDING A RETAIL TRADE ANALYSIS AND MARKETING PLAN, FOR AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO/100 ($40,000.00) DOLLARS, A DRAFT COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A," AND A FACSIMILE COPY OF WHICH CAN BE INSPECTED IN THE OFFICE OF THE CITY CLERK; PROVIDING FOR THE ADOPTION OF RECITALS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Lauderdale Lakes ("City") solicited qualified firms to conduct an assessment of the retail needs of the City and to create a marketing plan that will assist in the recruitment of desirable retailers and retain those that are poised for growth ("Project") under RFP No. 19-3410-18R, Retail Trade Analysis and Marketing Plan ("Solicitation"); WHEREAS, the Solicitation was done through the City's electronic bid system, Demandstar.com, from June 14, 2019, until July 11, 2019, and was further advertised in the Sun Sentinel, a local newspaper of general circulation, on June 14, 2019; WHEREAS, following the City's advertisement, the Solicitation was provided to eight hundred eleven (811) prospective firms, of which eight (8) downloaded the Solicitation package; WHEREAS, the Solicitation was closed on July 11, 2019, and the City received proposals from the following two (2) firms: Retail Strategies, LLC and Colliers International South Florida, LLC (collectively "Proposers"); WHEREAS, Retail Strategies Alabama, LLC was the second lowest proposer at Forty Thousand and No/100 ($40,000.00) Dollars, and is otherwise fully qualified and meets the requirements of this Project; 164 of 189 Resolution 2019-107 WHEREAS, the proposals were reviewed by an evaluation committee comprised of three (3) reviewers. The evaluation process included a thorough review of the written proposals followed by an oral interview; WHEREAS, City Staff recommends award of Contract No. 19-3410-18R, Retail Trade Analysis and Marketing Plan Project to Retail Strategies Alabama, LLC, as the lowest responsible and responsive proposer, for a contract for services in the amount not to exceed Forty Thousand and No/100 ($40,000.00) Dollars ("Contract"); WHEREAS, City staff is requesting an initial term for the Contract of one (1) year with an option to renew for an additional one (1) year for a total of two (2) years. Renewal of the Contract for subsequent years is subject to the budget appropriation and acceptance of terms and conditions by the City and the Retail Strategies Alabama, LLC; and WHEREAS, there is adequate funding in the City's Fiscal Year 2020 Budget for this Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LAUDERDALE LAKES, as follows: SECTION 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2, AWARD AND AUTHORITY; The City Commission of the City of Lauderdale Lakes hereby awards the RFP No. 19-3410-18R, Retail Trade Analysis and Marketing Plan Project to Retail Strategies Alabama, LLC, and authorizes the City Manager and the City Clerk to execute and attest, respectively, a contract therefor for an amount not to exceed Forty Thousand and No/100 ($40,000.00) Dollars, a draft Contract of which is attached as Exhibit A, and a facsimile copy of which can be inspected in the office of the City Clerk. 2of3 165 of 189 Resolution 2019-107 SECTION 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one (1) to be maintained by the City, with one (1) to be delivered to Retail Strategies Alabama, LLC, and with one (1) to be directed to the Office of City Attorney. SECTION 4, EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. ADOPTED BYTHE CITY COMMISSION OF THE CITY OF LAUDERDALE LAKES AT ITS REGULAR MEETING OCTOBER 8, 2019, HAZELLE RO4'-S, MAYOR ATTEST: VENICE HOWARD, CITY CLERK 49 COUNT.1, SEAL OF a CITY OF d pa 9 LAUDERDALE LAKES �qb "WPORp;CVV Sponsored by: Margaret Dalley -Johns, CPA, MBA, Financial Services Director and Bobbi Williams, MPA, Financial Services Manager - Administration SCCAt VOTE: Mayor Hazelle Rogers Vice -Mayor Sandra Davey Commissioner Marilyn Davis Commissioner Veronica Edwards Phillips Commissioner Beverly Williams 3of3 APPROVED (For) (Against) (Other) (For) (Against) (Other) (For) (Against) (Other) (For) (Against) (Other) (For) (Against) (Other) 166 of 189 mcf SJETV�V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: March 18, 2020 Agenda Item Title: Approval to Enter into a Pre -Construction Services Agreement with Wright Construction Group, Inc., Awarded Vendor of RFQ #18-09 Design Build of City Garage and Public Facilities Storage Building Compound. Recommendation: Staff recommends that the Council APPROVE to enter into a Pre - Construction Services Agreement for $446,335.00 with Wright Construction Group, Inc., awarded vendor of RFQ #18-09 Design Build of City Garage and Public Facilities Storage Building Compound. Background: The Procurement Division, on behalf of the Public Facilities Department, recommends to Council, the approval to enter into a Pre -Construction Services Agreement with Wright Construction Group, Inc., the awarded vendor of RFQ #18-09 for the Design Build of City Garage and Public Facilities Storage Building Compound. The attached proposals are for the pre -construction services for the onsite building and surrounding facilities as well as the offsite sewer service connection between the City and County. The Design Build method is used to allow a single vendor to provide planning, design and all construction services under one contract. This ensures a unified flow of work from initial concept through completion. The Pre -Construction phase (Phase 1) of this process promotes cost and time -saving strategies to proactively solve complex problems upfront to reduce possible budget and schedule challenges. This phase includes value engineering, analyzing design ideas and developing creative alternatives and solutions. This allows for more refined estimates to reach a more concrete Guaranteed Maximum Price (GMP) to complete the project. Wright Construction Group, Inc. (Design Builder) was awarded on April 10, 2019 by City Council authorizing the City Manager to negotiate. The solicitation process included Evaluation Committee review of the submitted proposals and presentations to Council from the top-ranked firms. The award was made based on the qualifications of the firm and their ability to fulfill the City's requirements for this project. Following award, meetings were held to determine the specific needs of the City and the best way to achieve those needs. Due to the size of this project, multi-year funding is required and will be phased to achieve the end goal. If Aqenda Item Requires Expenditure of Funds: Pre -Construction Services Cost: $446,335.00 Fund to Be Utilized for Appropriation: Discretionary Sales Tax Fund ` �] Administrative Services Department Budget Review: Attachments: 1. Pre -Construction Services Agreement 2. Pre -Construction Proposal (Onsite and Offsite Utilities) 3. RFQ #18-09 Council Approval City Man7eC)1,),-_),4[ r Authorization: Date: � 167 of 189 DESIGN BUILD PRE -CONSTRUCTION SERVICES AGREEMENT RFQ 18-09: Design Build of City Garage and Public Facilities Storage Building Compound This Agreement is entered into by the parties this day of 2020. 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and Wright Construction Group, Inc. (Design Builder). 2. Designated Contact Person as to Com: Scott Baker (PROJECT MANAGER) Public Facilities Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8113 Cell: 772-633-0897 Email: sbaker@cityofsebastian.org 3. Designated Contact Person as to Desiqn Builder: Scott Loiacano (PROJECT MANAGER) Senior Project Manager 5811 Youngquist Road Fort Myers, FL 33912 Phone: 239-481-5000 Cell: 239-243-5065 Email: scott.loiacano@wcgfl.com 4. Scope of Work. Pre -Construction services include, but are not limited to, cost estimating, value engineering, scheduling, construction phasing, constructability review, weekly design review meetings, input from key subcontractors as to build systems, and means & methods of construction. Pre -Construction is expected to last six (6) months. 5. Term and Completion Time. Pre -Construction services are expected to last six (6) months. After which time, a Construction Services Agreement will be issued for the completion of the Design Build project. Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Compensation. Pre -Construction services for the project and additional offsite utility work is $446,335.00. The Design Builder shall be entitled to no increase in this phase of the project. Termination of Agreement. Either party may terminate this Agreement by giving the other party thirty (30) days written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non -defaulting party may, at its option, terminate this Agreement by giving written notification thereof to the defaulting party. In the event of termination, City will be responsible for compensating Design Builder only for the Work satisfactorily completed or partially completed up to the date of termination. Design Builder shall not be entitled to compensation for loss of anticipated profit. Agreement Document. The entire agreement between the City and Design Builder, consists of: this Agreement and all exhibits hereto; the Design Build General Terms and Conditions; special conditions, if any,- proposal(s) ny;proposals) submitted by Design Builder and accepted by the City, if any; the Construction Documents; any amendments or addenda executed by the City and the Design Builder hereafter; and City -approved change order(s) or field orders. Documents not included or expressly contemplated in this Section 8 do not, and shall not, form any part of the Agreement for Design/Build Construction. Without limiting the generality of the foregoing, shop drawings and other submittals from the Design Builder or its subcontractors and suppliers do not constitute a part of the Agreement for Design/Build Construction. • Exhibit "A" — Pre -Construction Proposal (Onsite) submitted by Design Builder • Exhibit "B" — Pre -Construction Proposal (Offsite Utilities) submitted by Design Builder City of Sebastian, Florida 1 Wright Construction Group, Inc. 5�C1 RFQ #t18-09 Design Build of City Garage and Public Facilities Storage Compound 1 60agf 11 §4 9. City's Project Manager. City shall designate a Project Manager. All Work done by the Design Builder shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of Work performed, or Work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Design Builder shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. 10. Project Team. Design Builder will provide names and roles of the Project Team assigned for approval by the City. If any member of the Project Team discontinues service on the Project for any reason whatsoever, Design Builder shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to inspect and audit Design Builder's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by Design Builder for a period of three (3) years from the date of final payment under the Agreement. 12. City Funds. If sufficient funding is not available for Design Builder to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to Design Builder's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. 13. insurance. During the term of the Agreement, Design Builder, at its sole expense, shall provide insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Design Builder, Design Builder shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Design Builder's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 13.1 Minimum Insurance Requirements. Design Builder shall obtain and maintain insurance for the duration of the Agreement. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect Design Builder against any loss exposures, whether as a result of the Project or otherwise. an amount not less than: $2,000,000 General Aggregate Limit; Each Aggregate Limit,- Commercial imit;Commercial General Liability Products & Completed Operations; and Personal & Advertising Injury • $50,000 Fire Damage Limit • $5,000 Medical Expense Limit an amount not less than: Automobile Liability a $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit The Proposer shall submit and maintain Worker's compensation Worker's Compensation insurance to the extent required by law for all their employees to be engaged in Work under this Agreement, in accordance with Florida Statutes 440. City of Sebastian, Florida 1 Wright Construction Group, Inc. RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound 1 6F% gf� 14. Payment of Payment Requests: 14.1 Payment Requests/Invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Design Builder's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 14.2 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Work completed to the satisfaction of City. 15. Indemnification. The Design Builder shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Design Builder, its family, associates, Design Builders, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 16. Public Records: Design Builder will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Design Builder will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Design Builder will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if Design Builder does not transfer the records to the City. Upon completion of the Agreement, Design Builder will transfer, at no cost, to the City all public records in possession of the Design Builder or keep and maintain public records required by City to perform the service. If Design Builder transfers all public records to City upon completion of the Agreement, Design Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Design Builder keeps and maintains public records upon completion of the Agreement, Design Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Design Builder does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215. City of Sebastian, Florida 1 Wright Construction Group, Inc. RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound 1749f3191 17. Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. Design Builder shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 18. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 19. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 20. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 21. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: Manny Anion Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN: BY: Paul E. Carlisle CITY MANAGER WRIGHT CONSTRUCTION GROUP, INC. BY: Fred M. Edman PRESIDENT City of Sebastian, Florida 1 Wright Construction Group, Inc. RR RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound 7P�e4�dfq�F wcc WRIGHT February 13, 2020 Scott Baker Public Facilities Director; Airport Director City of Sebastian — Public Works Maintenance and Garage Compound -- Design Build 1225 Main Street Sebastian FL 32958 RE: Preconstruction Proposal for Design Build of the City of Sebastian Public Works Maintenance and Garage Compound — Revision 3 Dear Scott, Wright Construction Group would like to thank you for this opportunity to present you with our proposal for pre -construction services for the above referenced project. We here -in propose to work on the proposed services to become the base of the contract. Construction costs will be added in to the base contract by amendment once this GMP has been established and approved by the City. Our proposal is based on the following assumptions: 1. The design and construction progress schedules will be established during the preconstruction phase and coordinated with the City. 2. The construction budgets are currently yet to be established Preconstruction services include the following: 1. Work with the City and BSSW to develop the project to the construction phase based on meetings with the City. 2. Manage the design services being performed by BSSW and their sub consultants. 3. Survey and geotechnical soil borings are included by the Civil Engineer in the preconstruction proposal. 4. Perform redi-check and Clash Detection on the construction documents to identify any conflicts, questions, omissions, and submit requests for information (BFI's) to the design team for clarification. 5. Prepare milestone documents for the Review and Approval of the City including a Schematic and Design Development set in addition to the final for construction set of documents 6. Develop a schematic estimate for the project based on design concepts prepared by the Architect. 172 of 189 7. Develop a progress estimate to within 10 % of the cost of the project, when the design development documents are developed to 50-60 %. 8. Provide and recommend value engineering and cost savings alternatives throughout the process. 9. Attend project related meetings and provide written records of the meetings (as required). 10. Solicit and pre -qualify subcontractors and vendors for the project. 11. Develop bid packages for all major components of the project to issue with bid invitations. 12. Provide the appropriate bid documents needed for subcontractor and vendor pricing. 13. Advertise and solicit bids via our on-line plan room, and other public sources 14. Conduct pre-bid meetings to inform prospective bidders and minimize unknowns. 15. Provide additional Value Engineering received from Subcontractors and Vendors after the bidding process has been completed and before the GMP is submitted. 16. Identify critical scheduling issues and develop milestones as required. 17. Prepare a construction detailed schedule to attach to subcontracts when issued. 18. Develop a Phasing Plan (if required) 19. Develop a Site Utilization Plan 20. Establish the Guaranteed Maximum Price (GMP). 21. Include an owner's contingency in the GMP. We propose to present this project in a series of GMP's (Guaranteed Maximum Price) and not to restrict it by line item. ALL design services for Schematic. Design Development, and GMP Phases from BSSW and sub consultants required to establish the GMP are included in this proposal. The Project contingency will be managed by the project team with the entire unused portion returned to the Owner upon completion and close out of the final pay application. The Project contingency will not be spent without approval from the Owner. Our proposed lump sum fee for the above services is $ 386,857.00 (Three Hundred Eight Six Thousand Eight Hundred Fifty Seven Dollars) which will be invoiced on a periodic basis as preconstruction milestones are achieved. We propose to prepare the general conditions necessary to manage the construction phase of the project and submit them with the Guaranteed Maximum Price. Please review our proposed scope of services for this phase of your project and contact me with any questions or comments regarding same. Respec ly Submitted, 110 �i101 00 Scott Loiacano Senior Project Manager Page 2 of 2 173 of 189 City of Sebastian Public Works Building Preconstruction Phase Services 2/13/2020 Schematic Design Phase Develop the preliminary conceptual design and subsequent schematic design documents. This preliminary phase will also include the necessary site survey and geotechnical testing. A schematic estimate will be created from all available documents provided by BSSW and Carter Associates. The schematic estimate will include the new Public Works Building with all associated sitework and related infrastructure improvements, Schematic design phase will include some V.E. as we consider major building components. $86,830 Design Development Phase Once the preliminary design is approved, we will proceed with the design development drawings. At this stage, the design will begin to fill in the details of the major strucutral and MEP elements as well as architectural details and specifications. In addition to developing the building details and the major structural and MEP design elements, these documents will also include the major site plan development including drainage and utilities, all zoning and other items required for the city's checklist of requirements. We will provide more detailed estimates at this stage and verify that the design team is working within the budget parameters established in the Schematic Stage. We will also begin looking at Constructability and Life Cycle Costs of the building elements and make recommendations to the City and the Design Team where appropriate. Value Engineering as a process is integral with this effort and will continue through Design Development. $101,700 GMP Phase At this stage in preconstruction, all construction documents shall set forth in detail the requirements for the construction of the project. This will include all final structural, mechanical, and electrical calculations, drawings, and specifications. Any required offsite sanitary designs are included. In addition, all permitting services will be finalized in this phase as well. (permit fees are not included) Detailed scopes of work will be finalized for each division of work. The subcontractor bid process will be expanded at this point to include broadcast advertising through multiple outlets, prequalifying, and holding pre-bid meetings to ensure an understanding of scopes, schedule, and site constraints. Red! -Check will be performed again to flush out any potential issues in the documents. Final CPM schedules will be created for each phase of the project. RFI's will be coordinated with the appropriate design professionals. Material purchases will be negotiated with major suppliers where advantageoud to the City. Receive, review, and qualify bids from subcontractors. Finalize GMP for presentation to the City of Sebastian. $171,220 Misc. Administrative Costs $0 G/L Insurance $1,799 Subtotal $361,549 7% Fee (OH & P) $25,308 Total Preconstruction Phase Services $386,857 * NOTE: Included in WCG Preconstruction Services above are ALL Civil. Architectural. Structural & MEP Designs for ALL Phases. Preconstruction Dhase services amount above is ALL inclusive. 174 of 189 February 13, 2020 Scott Baker Public Facilities Director; Airport Director City of Sebastian — Public Works Maintenance and Garage Compound — Design Build 1225 Main Street Sebastian FL 32958 RE: Preconstruction Proposal for Design Build of the City of Sebastian Airport Drive West Off -Site Utility Project Dear Scott, Wright Construction Group would like to thank you for this opportunity to present you with our proposal for pre -construction services for the above referenced project. As requested, we here -in propose to work on the proposed services to become the base of the contract. Construction costs will be added in to the base contract by amendment once this GMP has been established and approved by the City. Our proposal is based on the following assumptions: 1. The design and construction progress schedules will be established during the preconstruction phase and coordinated with the City. 2. The construction budgets are currently yet to be established. Preconstruction services include the following: 1. Work with the City and Carter and Associates, Inc. (Civil Engineer) to develop the project to the construction phase based on meetings with the City. 2. Manage the design services being performed by Carter and Associates, Inc. and their sub consultants. 3. Survey services are included by the Civil Engineer in the preconstruction proposal. 4. Provide civil construction documents and specifications for review with the City of Sebastian any other municipalities. 5. Electrical design for grinder pump station connections located at existing and future private residences is not included at this time. 6. Electrical design and estimates for connection to the regional lift station is included in the base project preconstruction and conceptual design estimates. 7. Perform a constructability review of the project construction documents and specifications. 175 of 189 8. An opinion of probable cost to be developed during the design development stage. 9. Attend project related meetings and provide written records of the meetings (as required). 10. Provide the appropriate bid documents needed for subcontractor and vendor pricing. 11. Advertise and solicit bids via our on-line plan room, and other public sources 12. Conduct pre-bid meetings to inform prospective bidders and minimize unknowns. 13. Prepare a construction detailed schedule to attach to subcontracts when issued. 14. Develop a Phasing Plan (if required) 15. Develop a Site Utilization Plan 16. Establish the Guaranteed Maximum Price (GMP). 17. Include an owner's contingency in the GMP. We propose to present this project in a series of GMP's (Guaranteed Maximum Price) and not to restrict it by line item. ALL design services for Design Develoument. and GMP Phases from the Civil Engineer. Carter and Associates. Inc.. and sub consultants reauired to establish the GMP are included in this DroDosal. The Project contingency will be managed by the project team with the entire unused portion returned to the Owner upon completion and close out of the final pay application. The Project contingency will not be spent without approval from the Owner. Our proposed lump sum fee for the above services is $ 59,478.00 (Fifty -Nine Thousand Four Hundred Seventy -Eight Dollars) which will be invoiced on a periodic basis as preconstruction milestones are achieved. We propose to prepare the general conditions necessary to manage the construction phase of the project and submit them with the Guaranteed Maximum Price. Please review our proposed scope of services for this phase of your project and contact me with any questions or comments regarding same. Respectfully Submitted, Scott L acano Senior Project Manager Page 2 of 2 176 of 189 City of Sebastian Public Works Off Site Utilities Preconstruction Phase Services 2/13/2020 Schematic Design Phase Preliminary design sketches to identify scope. $0 Design Development Phase Once the preliminary design is approved, we will proceed with the design development drawings. Includes coordination of lift station location, multiple progress meetings, design analysis, grant application coordination, including updated sketches and opinions of probably costs. Electrical design to the lift station and actual power will be included in the garage compound project. Electrical design to grinder pump stations from existing and future private residences is not included at this time. Includes topographic surveys required, locates of existing driveways, elevations, and proposed property lateral connections. Includes regional lift station design to existing properties on Airport Drive West and 4 Each proposed service lateral connections to properties. Includes formal construction plans and specifications for the gravity sewer, force main, and lateral connections as required. Includes complete permitting services for Indian River County (Utility) , City of Sebastian (Right Of Way), and FDEP (General Permit for Construction of Wastewater Collection System). Wright Construction group to facilitated and coordinate as necessary. $30,950 GMP Phase At this stage in preconstruction for the off site utilities, all construction documents and specifications have been completed prior. Necessary permitting will also be well underway. The subcontractor bid process will begin at this point to include broadcast advertising through multiple outlets, and holding pre-bid meetings to ensure an understanding of scopes, schedule, and site constraints. Redi-Check will be performed again to flush out any potential issues in the documents. Final CPM schedules will be created. RFI's will be coordinated with the appropriate design professionals. Material purchases will be negotiated with major suppliers where advantageous to the City. Receive, review, and qualify bids from subcontractors. Finalize GMP for presentation to the City of Sebastian. Construction services for Carter and Associates, Inc. are included in this proposal. Includes Civil Engineering "on- site" representation as necessary and system certification and "as-builts" for permitting agencies. $24,360 Misc. Administrative Costs $0 G/Llnsurance $277 Subtotal $55,587 7% Fee (OH & P) $3,891 Total Preconstruction Phase Services $59,478 * NOTE: Included in WCG Preconstruction Services above are ALL CIVIL DESIGN AND CONSTRUCTION SERVCIES. Preconstruction chase services amount above is ALL inclusive. 177 of 189 Regular City Council Meeting April 10, 2019 Page Four Roll Call: Motion carried Council Member Dodd — aye Council Member McPartlan — absent Vice Mayor Kinchen — aye 4-0 Council Member lovino — aye Mayor Hill — aye 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 19.018 A. Natural Resources Board (Transmittal, Applications. Ad. List) i. Interview, Unless Waived, Submit Nominations for One Regular Member Position Natural Resources Board — Term to Expire 7/1/2022 Mayor Hill nominated Donna Ware to the regular member position. There were no other nominations. Ms. Ware will fill the regular member position to expire July 2022. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT Rick Lewis described the Wreaths Across America Program and said he would like to bring this ceremony to the Sebastian Cemetery on December 14, 2019. Mayor Hill invited him to work with the City Manager. 12. NEW BUSINESS 19.050 A. Desion-Build Public Facilities Compound Presentations by Top Three Candidates (Transmittal) The City Manager said seven qualified firms responded to the request for qualifications, which were narrowed down to three by the selection team. The top three firms were present to make a brief presentation to Council, followed by a question and answer period. 6:18 pm i. Ahrens Companies Richard Ahrens presented a PowerPoint presentation outlining their brief history, accolades and testimony of similar projects. (See attached) Mayor Hill said he wanted to be careful about the aesthetics of the building and asked what it would take to make their design more appealing. Fernando Savala, licensed architect, responded there were many options to keep it within price to make it more palatable and compatible with the area. Council Member Dodd asked if the building would be leed certified. Mr. Ahrens said it wasn't requested in the RFQ documents but they could prove the required points necessary for certification, but it would cost $10-15K more to become certified. Council Member lovino asked if a scaled down, rolled bay door would be possible as depicted in their Palm Beach Garden Fire Station photo. Mr. Ahrens said their six doors were $250K. 4 178 of 189 Regular City Counc] Meeting April 10, 2019 Page Five Vice Mayor Kinchen noted the front of building faces Airport Drive West and the rear will face Roseland Road with a huge buffer so residents won't see too much of the building. 6:40 pin ii. Wright Construction Scott Loiacano presented a PowerPoint presentation describing their work methodology. (See attached) 6:57 pm Mayor Hill said he appreciated their zero change order philosophy and thew aesthetic design. Mr Loiacano said they would be hiring local subcontractors with Wright Construction supervision. Council Member lovino said he appreciated the one-way entrance, function of the building layout, one year start -to -finish, the zero change order. and the cyclic punch -out list. There will be showers which are not depicted in the slide. While they did not anticipate building a leed certified building, Mr. Loiacano said the desired level should be discussed at the construction design phase. The City Manager noted it was not requested in the RFQ that the project will be completed in a year, but it is to be a phased project. 7:00 pin iii. W & J Construction Eric Kauffman, President, introduced his associates and presented a PowerPoint presentation, (See attached) He noted that W & J Construction is the closest to the City and 70% of their business involves municipalities. Mayor Hill asked how they could make the building more aesthetically appealing. Mr Kaufman said they could come up with some siding, overhangs or a more prominent entry feature would add to the appearance of the building. Mr. Kauffman said there is no learning curve with his team and their main focus was to bring to the City a pleasing building at a competitive local market cost. TG9 pm 19.050 AA Selection of Desion-Build Contractor for New Public Facilities Conlooilnd and Authorization of Citv Manaqer to Negotiate a Work Service Agreement The City Manager asked Council to rank the three firms, then direct staff to negotiate the final design, contract and maximum price. Mayor Hill recommended that Council choose 1) Wright Construction, 2) Ahrens, then 3) W & J. Council Member Dodd agreed with Mayor Hill's ranking. Vice Mayor Kinchen said all three presentations were great, she could go either way with Wright Construction and Ahrens. MOTION by Mayor Hill and SECOND by Council Member Dodd to begin to negotiate with 1) Wright Construction, 2) Ahrens Companies, then 3) W & J Construction. There was no public input, 179 of 189 Regular City Council Meeting April 10, 2019 Page Six Roll Call: Council Member lovino — aye Council Member McPartlan — absent Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Motion carried. 4-0 19.051 B. Award As -Needed Concrete Construction Service Agreements to Santa Cruz Construction. Inc. and Tim Rose Contractinq. Inc. and Authorize the Citv Manaqer to Execute the Aopropriate Documents (Transmittal. RFB. Responses) The City Manager said proposals went out on three different occasions and this time Santa Cruz and Tim Rose Construction responded. He asked for dual award because there were different pricing structures based on what will be needed. MOTION by Council Member Dodd and SECOND by Council Member lovino to award as - needed concrete construction service agreements to Santa Cruz Construction and Tim Rose Contracting, Inc. There was no public input Roll Call: Mayor Hill — aye Vice Mayor Kinchen -- aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — absent Motion carried. 4-0 19.052 C. Approve Piaav-Backing of Collier Countv Agreement with Eric Rvan Corporation for Utilitv Audits for a Twelve -02) Month Period and Consecutive Automatic Twelve (12) Month Renewals and Authorize the Citv Manaqer to Execute Appropriate Documents (Transmittal, Aqreement. Lists. Recommendations, Aqreement) The City Manager said Eric Ryan Corporation has given us a proposal to review and monitor our utility billing whereby the City would get to keep any savings they find after 20%. MOTION by Council Member Dodd and SECOND by Council Member lovino to approve an agreement with Eric Ryan Corporation to audit the City's utilities. Roll Call: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — absent Motion carried. 4-0 19.053 D. Consider Lien Reduction and Disposition of Fine in Exchange for Developer's Agreement for 1671 U.S. Hiqhwav 1 (Transmittal. Request. Calculations, Aqreement) The City Manager stated the current owner of the building at 1671 U.S. Highway is required to clear up some fines before the new owner, AT&T, can move in. He asked City Council to consider reducing the fines so the building can be demolished and the land put back on the tax roll. h 180 of 189 ami $EBAST-" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: March 18, 2020 Aqenda Item Title: Approve the Purchase and Installation of Server Room HVAC Systems; Notify of Emergency Purchase of (1) Server Room HVAC System Recommendation: The Procurement Division, on behalf of the Public Facilities Department, recommends that the Council APPROVE the purchase and installation of HVAC systems for the Server Room using Arnold Air Conditioning Backqround: Both the primary and back-up HVAC systems cooling the City's Server Room have failed. The units have been in place since the original construction of City Hall in 2004. With continued maintenance and repairs, both units have far exceeded the life expectancy per information provided by the manufactures, Liebert ad Daikin. Arnold Air Conditioning provided the attached proposal for the purchase and installation of both the Liebert (primary) and the Daikin (back-up) replacement units. However, for cost-saving measures, quotes were also requested by the manufacturers for a direct -buy purchase of the equipment. The City will take advantage of this direct -buy option with additional warranties (saving $4,119.00) and have the units installed by Arnold Air Conditioning. In accordance to City Ordinance Sec. 2-10(c)(4) Emergency purchase, the purchase of the Liebert unit was processed due to this "sudden unexpected event causing an interruption in the normal function and operation of any city department that would result in a work stoppage or other substantial monetary loss." Time is of the essence in purchasing and installing these units as without them, technological services will be hampered. Servers provide all technology functionality to include internet connection, files, programs, data, etc. Servers generate a substantial amount of heat which can cause them to overheat and damage their internal components. It is required to be fed a constant stream of cool air and for the room to be designed to remove heat before it builds up and creates hazardous conditions for the equipment. If Agenda Item Reauires Expenditure of Funds: Total Cost: $27,160.00 Fund to Be Utilized for Appropriation: General Fund Renewal an Repl cement Reserve Administrative Services Department Budget Review:' l t CIC Attachments: 1. Proposal for Liebert unit 2. Proposal for Daikin unit 3. Proposal for labor from Arnold Air Conditioning City Manager Authorization Date:,/r;� 601 -0 181 of 189 Liebert Innovative Support Systems, Inc. 1030 Sunshine Lane, Suite 1000 Altamonte Springs, FL 32714 FAX: (407) 682-0024 PH: (407) 682-7570 �;;o VERTIV. COMPANY: City of Sebastian PROPOSAL #: Q03077170 ATTN: Ann -Marie Fraser PAGES: 6 FAX: DATE: Mar 3, 2020 FROM: Patrick Saldana PROJECT: SEBASTIAN CITY HALL REPLACEMENT We are pleased to provide our quotation for the following Liebert Mini-Mate2 system for project One (1) 2 Ton Liebert Mini-Mate2 Precision Cooling System Model MMD24ENPROD4 • Each system will provide a total cooling capacity of 21.8 kBtuh and a sensible cooling capacity of 19.5 kBtuh at 75°F (24 'C), 45% RH. Split System Evaporator • Includes evaporator coil, filter drier, thermal expansion valve, two -speed direct drive internal blower, and microprocessor control with audible and visual alarms. Unit designed for R -407C and is field -charged. One (1) Liebert Model PFH027A-PLN Prop Air Cooled Condensing Unit: 2081230 Volts 1 Phase 60 Hz • Outdoor Prop Fan Condensing Unit with Lee -Temp Head pressure Control • Design Ambient: 95°F • Scroll Compressor with Hot Gas Bypass Capacity Control • High head pressure switch for system protection • Starts & Operates at low outdoor temperatures down to -30°F (-34°C) • Nitrogen holding charge (System is field -charged, with field -supplied R -407C refrigerant) Factory Installed Options — Cooling Unit • No Reheat • Remote Humidifier Contact • Non -Locking Disconnect Switch • Filter Clog Indicator • High Temperature Sensor • IS -UNITY -DP BMS Monitoring Solution: The IS -UNITY -DP card is a factory -installed option, providing full building -management system (BMS) access via BACnet/Modbus IP and BACnet/Modbus 485. Card provides access and supports SNMP v11v2clv3 & Liebert Nform"" Field wiring required from Unity card to other systems to access features. Ship -Loose Accessories • One (1) Air Distribution Plenum with MERV-8 Filter • One (1) 2081230 Volt Condensate Pump 3/1112020 Vertiv-Proprietary Page 1 of 6 182 of 189 Services Included: • Warranty Inspection and Start Up Included • 1St Year Parts Only Warranty Included • 2nd Through 5th Year Compressor Only Warranty Included Terms & Conditions: - Quotation Valid for 30 days - Price does not include tax - Terms are Net 30 Days, subject to manufacturer's approval - Taxes. Any current or future tax, duty, tariff or governmental charge (or increase in same) affecting Seller's costs of production, sale, services or delivery or shipment of Goods Parts, and/or Software, or which Seller is otherwise required to pay or collect in connection with the sale, purchase, delivery, performance, storage, processing, use or consumption of Goods, Parts, and/or Software, shall be for Buyer's account and shall be added to the price or billed to Buyer separately, at Seller's election. - Please address Purchase Orders to: Innovative Support Systems, Inc. 1030 Sunshine Lane, Suite 1000 Altamonte Springs, FL 32714 Lot Price, FOB Factory, Freight Included, Less Tax.......................................$9,570.00 Note: ADD 2"d through 51h Year Parts Only Warranty Coverage ADD $1,000.00 PATRICK SALDANA Account Representative 183 of 189 Vertiv Corporation TERMS AND CONDITIONS OF SALE Vertiv Corporation is herein referred to as the "Seller' and the customer or person or entity purchasing goods andlor services ("Goods") and/or parts required for services ('Parts') or licensing software andlor firmware, which are preloaded, or to be used with Goods ("Software") from Seller is referred to as the "Buyer." These Terms and Condi;ions. any price list or schedule, quotation. acknowledgment. Seller's scope or statement of work, or invoice from Seller relevant to the sale of the Goods, Parts and licensing of Software by Seller, and all associated terms, conditions and documents Incorporated by specific reference herein or therein, constitute the complete and exclusive statement of the terms of the agreement ("Agreement") governing the sale of Goods, Parts, andlor license of Software by Seller to Buyer. Any discrepancies between the terms of the above referenced documents shall be resolved by Seller. Seller's acceptance of Buyer's purchase order is expressly conditional on Buyer's assent to all of Seller's terms and conditions of sale, including terms and conditions that are different from or additional to the terms and conditions of Buyers purchase order. Buyers acceptance of the Goods, Parts, andlor Software will manifest Buyer's assent to the terms of this Agreement. Seller reserves the right in its sole discretion to refuse orders. 1, PRICES: Unless otherwise specified in writing by Seller, the price quoted or specified by Seller for the Goods, Parts andlor Software shall remain in effect for thirty (30) days after the date of Seller's quotation, Seller's scope of work or acknowledgment of Buyers order for the Goods, whichever occurs first, provided an unconditional authorization from Buyer for the shipment or performance of the Goods andlor Parts, andlor Software Is received and accepted by Seller within such time period. If such authorization is not received by Seller within such thirty (30) day period, Seller shall have the fight to change the price for the Goods, Parts andlor Software to Sellers price for the Goods, Parts, and/or Software at the time of Seller's shipment or performance thereof, All prices and licensee fees are exclusive of taxes, transportation and insurance, which are to be bome by Buyer. Seller reserves the right la correct any obvious errors in specifications or prices. Unless otherwise specified by Seller, Parts, that are required for the performance of services will be furnished at Seller's then prevailing prices. A service charge of $19.99 will be added to all orders which, excluding shipping charges, taxes, and insurance, do not meet the minimum order value of $750,00. The service charge amount andlor minimum order value may be changed by Seller at any time, without notice. 2. TAXES: Any current or future lax, duty, tariff or governmental charge (or increase in same) affecting Sellers costs of production, sale, services or delivery or shipment of Goods Parts, andlor Software, or which Seller Is otherwise required to pay or collect in connection with the sale, purchase, delivery, performance, storage, processing, use or consumption of Goods, Parts, andlor Software, shall be for Buyers account and shall be added to the price or billed to Buyer separately, at Seller's election. 3. TERMS OF PAYMENT: Unless otherwise specified by Seller, terms are net thirty (30) days from date of Sellers Invoice in U.S. currency. Seller shall have the right, among other remedies, either to terminate [his Agreement or to suspend further performance under this andlor other agreements with Buyer in the event Buyer fails to make any payment when due, which ether agreements Buyer and Seller hereby amend accordingly. Buyer shall be liable for all expenses, including attorneys' fees, relating to the collection of past due amounts. If any payment owed to Seller is not paid when due, it shall bear interest, a1 a rate to be determined by Seller, which shall not exceed the maximum rate permitted by law, from the date on which it is due until it is paid. Seller may preserve its interests in payment by enforcing any applicable mechanic's, labor, construction or similar lien rights. Should Buyers financial responsibility become unsatisfactory to Seller, cash payments or security satisfactory to Seller may be required by Seller for future deliveries or performance of Goods, Parts, andlor Software. If such cash payment or security is not provided, In addition to Sellers other rights and remedies, Seller may discontinue deliveries or performance. Buyer hereby grants Seller a security interest in all Goods, Parts, andlor Software sold to Buyer by Seller, which security interest shall continue until all such Goods. Parts, andlor Software are fully paid for, and Buyer, upon Sellers demand, will execute and deliver to Seller such instruments as Seller requests to protect and perfect such security Interest, 4. SHIPMENT AND DELIVERY: While Seller will use all reasonable commercial efforts to maintain the delivery dales) andlor performance dales acknowledged or quoted by Seller, all shipping dates andlor performance dales are approximate and not guaranteed. Seller reserves the right to make partial shipments. Seller, at its option, shall not be bound to tender delivery of any Goods, Parts, andlor Software for which Buyer has not provided shipping instructions and other required information. If the shipment or performance of the Goods, Parts, andlor Software is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Seller for any and all storage costs and other additional expenses resulting therefrom. For sales In which the end destination of the Goods, Parts, and/or Software is outside of the United Slates (except for those international sales to Seller's affiliated companies), risk of loss and legal title to the Goods. Paris, andlor Software shall transfer to Buyer immediately after the Goods, Parts, andlor Software have passed beyond the territorial limits of the United Slates. For international sales 10 Seller's affiliated companies, all shipments of Goods, Parts, andlor Software are made on a Delivered at Terminal (DAT) basis, per Incoterms 2010, with freight charges from Seller's facility to destination terminal invoiced to buyer either on a Prepaid or PPD/Add basis, as agreed to by Seller and Buyer. All other shipments of Goods, Paris, andlor Software are made on an Ex Works (EXW) Sellers Shipping Point basis, per Incoterms 2010, with Seller responsible to load goods on Buyer's nominated vehicle. Any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to the carder. Notwithstanding the above, risk of loss and legal fitle to Parts shall transfer to Buyer (t) upon delivery by the Seller, or (ii) at the lime Parts are placed in storage due to Buyer's delay or postponement. Shortages or damages must be identified and signed for at the time of delivery. Requests for changes in quoted transportation modes will not be made or accepted on orders already processed unless otherwise mutually agreed upon by Seller and Buyer. Requests for changes in quoted transportation modes to orders already accepted by Seller will be subject to new freight terms and billed at the price in effect at the time of the request for change. Any request for changes to quoted lransportallen modes must be submitted in writing to Seller and are subject to Seller's acceptance and adjustment in freight price. The transportation costs quoted by Seller may be changed by Seller without notice in order to reflect Seller's prices at the time of shipment and will reflect any market Increase in transportation costs. If a price for delivery has been quoted, any changes at the destination for Iransportalion modes, spotting, switching, handling, storage and other aceessorial services and demurrage shall be bome by the customer, and any related increase in transportation charges shall be added to the quoted price. 5. LIMITED WARRANTY: Subject to the limitations of Section 6, Sellers standard warranty that is applicable to the Goods andlor Software at the time of purchase is the only warranty applicable to the sale of Sellers Goods andlor Software and its terms, renditions and limitations are incorporated by reference herein and Seller warrants that it will perform the services as described in these terms and conditions and will exercise all reasonable skill, care and due diligence In the performance of the services. Seller warrants that all services performed shall be free from faulty workmanship for a period of thirty (30) days from completion of services. Thermal Solution Components, Including but not limited to, fans, air-to-air heat exchangers, air conditioners, emergency DC vent systems and filtered thermal vent systems are warranted 10 be free from defects in material and workmanship for a period of twelve (12) months from date of shipment, or manufacturers pass through warranty, whichever is longer, provided the following conditions are mel: (t) Semi-annual preventive maintenance logs are maintained by Buyer and such logs are nvallable to Seller upon request: and (ii) Input voltage to the air conditioner unit does not vary by greater than +1-10%: and (iii) in the event of accidental or intentional shut-off, a Thermal Solution Component will not be restarted for at least five (5) minutes; and (iv) The refrigerant specified on the unit nameplate label will be the only refrigerant utilized in the air conditioner unit; and, (v) Buyer complies with ail installation, operations and maintenance instructions provided by Seller. Goods, Parts andlor Software purchased by Seller from a third party for resale or license to Buyer ("Resale Products") shall cart' only the warranty extended by the original manufacturer. To the extent assignable, Seller assigns to Buyer any warranties that are made by manufacturers and suppliers of such Resale Products. EXCEPT AS SPECIFIED ABOVE, RESALE PRODUCTS FURNISHED HEREUNDER ARE FURNISHED AS -IS, Vertiv Terms & Conditions — Rev 201 R WHERE -IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION 5 AND THE WARRANTY SET FORTH IN SECTION S ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE GOODS ANDIOR SOFTWARE AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER'S PRODUCTS ARE SPECIFICALLY DESIGNED ANDIOR MANUFACTURED BY SELLER FOR BUYER'S USE OR PURPOSE. SELLER'S WARRANTY EXTENDS ONLY TO PURCHASERS WHO BUY FOR INDUSTRIAL OR COMMERCIAL USE. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods andlor Software and the preparation of Sellers quotation, andlor scope of work, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein that are affected by such condilions shall be null and void. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, Parts, andlor Software, either alone or in combination with other productslcomponems. 6. LIMITATION OF REMEDY AND LIABILITY: THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION &) SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE UNDER SECTION S. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER'S LIABILITY TO BUYER All ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS, PARTS, All SOFTWARE PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT SELLER'S LIABILITY TO BUYER ANDIOR ITS CUSTOMERS SHALL NOT EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term "consequential damages' shall Include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data, costs Incurred. Including without limitation, for capital, fuel, power and loss or damage to property or equipment. It is expressly understood that any technical advice furnished by Seller with respect to the use of the Goods, Parts and/or Software is given without charge, and Seller assumes no obligation or liabillty for the advice given, or results obtained, all such advice being given and accepted at Buyers risk. 7. INSURANCE: Seller shall maintain the following insurance or self-insurance coverage: Worker's Compensation in accordance with the statutory requirements of the slate in which the work is performed. Employer's Liability with a limit of liability of $2,000,000 per occurrence for bodily injury by accident or bodily injury by disease. Commercial General Liability (CGL) for bodily injury and property damage with a limit of $2,000,000 per occurrence and per location aggregate. Automobile Liability insurance that covers usage of all owned, non -owned and leased vehicles and which is subject to a combined single limit per occurrence of $2,000,000. Automobile Liability insurance 'Includes Contractual Liability, but no special endorsements. Buyer expressly acknowledges and agrees that Seller has set Its prices and entered Into this Agreement in reliance upon the limitations of liability, insurance coverage, and other terms and conditions specified herein, which allocate the risk between Seller and Buyer and form a basis of this bargain between the parties. S. PATENTS AND COPYRIGHTS: Subject to the limitations of the second paragraph of Section 6 and any and all associated terms, conditions and documents incorporated by specific reference by Seller, Seller warrants that the Goods andlor Software said, except as are made specifically for Buyer according to Buyer's specifications, do not infringe any valid U.S. patent or copyright in existence as of the date of shipment. This warranty is given upon the condition that Buyer promptly notify Seller of any claim or suit involving Buyer in which such infringement is alleged and cooperate fully with Seller and permit Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Sellers warranty as to utility patents only applies to infringement arising solely out of Buyer's operation according to Sellers specifications and instructions of such Goods andlor Software. In the event (i) such Goods andlor Software are held to infringe such a U.S. patent or copyright In such suit, and the use of such Goods andlor Software is enjoined, or (tl) a compromise or settlement Is made by Seller. Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods andlor Software, or replace them with non -Infringing Goods andlor Software, or modify same to become non- Intringfng, or grant Buyer a credit for the depreciated value of such Goods andlor Software and accept return of them. In the event of the foregoing, Seller may also, at its option, cancel the agreement as to future deliveries of such Goods andlor Software, without iiability. Except as otherwise provided herein, Seller or applicable third party licensor to Seller maintains all right, title and interest in and to [he intellectual property in the Goods, Parts, and/or Software. 9. EXCUSE OF PERFORMANCE: Seller shall not be liable for delays in performance or for non- performance due to acts of God; acts of Buyer; war; epidemic; fire; Flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations, orders or actions; unavailability of or delays in transportation; default of suppliers; or unforeseen circumstances, acts or omissions of Buyer, or any events or causes beyond Seller's reasonable control, Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer In the event of any of the foregoing, but the balance of this Agreement shall otherwise remain unaffected as a result of the foregoing. If Seiler determines that Its ability to supply the total demand for the Goods, Parts, andlor Software, or to obtain material used directly or indirectly in the manufacture of the Goods, Parts, andlor Software, is hindered, limited or made impracticable due to causes set forth in the preceding paragraph, Seller may delay performance andlor allocate its available supply of the Goods, Parts, Software, andlor such material (without obligation to acquire other supplies of any such Goods, Parts, Software, or material) among its purchasers on such basis as Seller determines to be equitable without liability for any failure of performance which may result therefrom. 10. CANCELLATION: Buyer may cancel orders only upon reasonable advance written notice and upon payment to Seller of Seller's cancellation charges which include, among other things, all costs and expenses Incurred, and, 10 cover commitments made, by the Seller and a reasonable profit thereon. Sellers determination of such cancellation charges shall be conclusive. 11. CHANGES: Buyer may request changes or additions to the Goods, Parts, andlor Software consistent with Sellers specifications and criteria. In the event such changes or additions are accepted by Seiler, Seller may revise the price, license fees, and dates of delivery andlor performance dates. Seiler reserves the right to change designs and specifications for the Goods, Parts, andlor Software without prior notice to Buyer, except with respect to Goods, Parts, andlor Software being made-to-order for Buyer, Seller shall have no chi€gafion to install or make such change in any Goods, Parts, andlor Software manufactured prior to the date of such change. 12. NU(,LEARIMEDICAL: GOODS, PARTS, AND SOFTWARE SOLD HEREUNDER ARE NOT FOR USE IN CONNECTION WITH ANY NUCLEAR, MEDICAL, LIFE-SUPPORT AND RELATED APPLICATIONS. Buyer accepts Goods, Parts, and Software wjfhA�tafo goigIgi§erstanding, agrees to coMMILir ale the same in writing to any subsequent purchasers an fend, Indemnify and hold harmless Seller from any claims, losses, suits, judgments and damages, including incidental and consequential damages, arising from such use, whether the cause of action be based in tort. contract or otherwise, including allegations that the Sellers liability is based an negligence or strict liability. 13. ASSIGNMENT; Buyer shall not assign its rights or delegate its duties hereunder or any Interest herein without the prior written consent of Seller, and any such assignment, without such consent, shall be void. 14. SOFTWARE: Notwithstanding any other provision herein to the contrary, Seller or applicable third party licensor to Seller shall retain all rights of ownership and title In its respective Software, including without limitation all rights of ownership and title In its respective copies of such Software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, non -transferable royalty free license to use the Software incorporated Into the Goods solely for purposes of Buyer properly utilizing such Goods purchased from Seller. All other Software shall be furnished to, and used by, Buyer only after execution of Sellers (or the licensors) applicable standard license agreement, the terms of which are incorporated herein by reference. 15. TOOLING: Tool, die, and pattern charges, if any, are in addition to the price of the Goods and are due and payable upon completion of the tooling. All such tools, dies and patterns shall be and remain the property of Seller. Charges for tools, dies, and patterns do not convey to Buyer, tills, ownership interest fn, or rights to possession or removal, or prevent their use by Seller for other purchasers, except as otherwise expressly provided by Seller and Buyer in writing with reference to this provision. 16. DOCUMENTATION: Seller shall provide Buyer with that dataldocumentation which Is specifically identified in Sellers quotation. If additional copies of daefdocumentation are to be provided by Seller, it shall be provided to Buyer at Seller's applicable prices then in effect. 17. INSPECTIONTTESTING: Buyer, at its option and expense, may observe the inspection and testing by Seller of the Goods andfor Software for compliance with Sellers standard lest procedures prior to shipment, which inspection and testing shall be conducted at Sellers plant at such reasonable time as is specified by Seller. Any rejection of the Goods and/or Software must be made promptly by Buyer before shipment. Tests shall be deemed to be satisfactorily completed and the test fully met when the Goods andfor Software meet Sellers criteria for such procedures. If Buyer does not Inspect the Goods and/or Software at Sellers plant as provided herein, Buyer shall have ten (10) days from (€) the date of delivery of Goods, Parts, and/or Software and (ii) from the dale of completion of each portion of the services to inspect the Goods, Parts, andlor Software, and in the event of any nonconformity, Buyer must give written notice to Seller within said period stating why the Goods, Parts, and/or Software are not conforming. Failure by Buyer to give such notice constitutes unqualified acceptance of the Goads, Paris, andfor Software. Buyers sale remedy for nonconforming services shall be correct performance of services incorrectly performed by Seller. 18. RETURNED GOODS: Advance written permission 10 return Goods. Parts, andfor Software must be obtained from Seller in accordance with Sellers then current Return Material Authorization (RMA) procedures and a return authorization number issued. Such Goods, Parts, andfor Software must be (i) current, unused, catalogued Goods, Parts, andfor Software, still in original packaging (ii) free of all liens, encumbrances, or other claims, and (iii) shipped, transportation prepaid, to Sellers specified location. Returns made without proper written permission will not be accepted by Seller. Seller reserves the right to inspect Goods, Parts, and/or Software prior to authorizing return. 19. BILLABLE SERVICES' Additional charges will be billed to Buyer at Sellers than prevailing labor rates and Parts prices for any of the following: a) any services not specified in Seller's quotation, Seller's order acknowledgement, Seller's scope of work, or other documents referenced herein and therein; b) any services performed at times other than Sellers normal service hours; c) if timely and reasonable site and/or equipment access is denied the Seller service representative; d) if it is necessary, due to local circumstances, to use union labor or hire an outside contractor, Seller service personnel will provide supervision only and the cost of such union or contract labor will be charged to Buyer; (e) if Service or repair is necessary to return equipment to proper operating condition as a result of other than Seller (1) maintenance, repair, or modification (including, without limitation, changes in specifications or incorporation of attachments or other features), (ii) misuse or neglect, (including, without limitation, failure to maintain facilities and equipment in a reasonable manner), (€€1) failure to operate equipment in accordance with applicable specifications, and (iv) catastrophe, accident, or other causes external 10 equipment; (f) Sellers performance is made more burdensome or costly as a result of Buyers failure to comply with its obligations herein, or (g) any additional obligations or requirements, including but not limited to those related to insurance requirements, service delivery, building entry or technical training. 20. DRAWINGS: Sellers documentation. prints and drawings (including without limitation. the underlying technology) furnished by Seller to Buyer in connection with this Agreement are the property of Seller and Seller retains all rights, including without limitation, exclusive rights of use, licensing and sale. Possession of such prints or drawings does not convey to Buyer any rights or license, and Buyer shall return all copies (in whatever medium) of such prints or drawings to Seller immediately upon request therefor. Notwithstanding the foregoing, Buyer may use the documentation, prints and drawings in connection with the use of the Goods. Parts, and/or Software. 21. BUYER SUPPLIED DATA: To the extent that Seller has been provided by, or on behalf of, Buyer any specifications, description of operating conditions or other data and information in connection with the selection or design of the Goods, Parts, andfor Software, andfor the provision of services, and the actual operating conditions or other circumstances differ from those provided by Buyer and relied upon by Seller, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. 22. EXPORTJIMPORT: Buyer agrees that all applicable import and export control laws, regulations, orders and requirements, including without limitation those of the United States and the European Union, and the jurisdictions in which the Seller and Buyer are established or from which Goods, Parts, Software, and services may be supplied, will apply to their receipt and use. In no event shall Buyer use, transfer, release, import, export, Goods, Parts, or Software in violation of such applicable laws, regulations, orders or requirements. 23. NON-SOLICITATIpN: Buyer shall not solicit, directly or indirectly, or employ any employee of Seller during the period any Goads are being provided to Buyer and for a period of one (1) year after the last provision of Goods. 24. GENERAL PROVISIONS: These terms and conditions supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of this Agreement. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon the Seller unless made in writing and signed on its behalf by a duly authorized representative of Seller. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain, or supplement this Agreement shall be binding unless hereafter made In writing and signed by the party to be bound, and no modification or additional terms shall be applicable to this Agreement by Sellers receipt, acknowledgment, or acceptance of purchase orders, shipping instruction fortes, or other documentation containing terms at variance with or in addition to those set forth herein. Any such modifications or additional terms are specifically rejected and deemed a material alteration hereof. if this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer's assent to any additional or different terms set forth herein. Seller reserves the right to subcontract Services to others. No waiver by either party with respect to any breach or default or of any fight or remedy, and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. All typographical or clerical errors made by Seller In any quotation, acknowledgment or publication are subject to correction. The validity, performance, and all other matters relating to the Interpretation and effect of this Agreement shall be governed by the law of the state of Ohio without regard to its conflict of laws principles. Buyer and Seller agree that the proper venue for all actions arising In connection herewith shall be only in Ohio and the parties agree to submit to such jurisdiction. No action, regardless of form, arising out of transactions relating to this contract, may be brought by either party more than two (2) years after the cause of action has accrued. The U.N. Convention on Contracts for the International Sales of Goods shall not apply to this agreement. 25. DATA COLLECTION AND USE: By using the Goods, Parts and/or Software, Buyer grants Seiler, its affiliates, subsidiaries, and service providers, a non-exclusive, irrevocable, royally free, worldwide right and license to collect, compile, retain, use, reproduce, and create derivative works of, your non -personal information and data, which includes without limitation, all data, materials, reports, text, sound, video, image files, software or any other information ('Service Data") that is provided by, or on behalf of, Buyer, or collected or compiled by Seller, Its affiliates, subsidiaries, or service providers through the Goods, Paris, and/or Software. Seller, its affiliates, subsidiaries, and service providers may collect, compile, retain, use, reproduce, and create derivative works of Service Data: {i) to provide services, support, and maintenance; (ll) to develop and improve products, software, and services; and (iii) for scientific and technical research and marketing purposes. Buyer is solely responsible for the Service Data, and Buyer will secure end maintain all rights necessary for Seller, its affiliates, subsidiaries, and service providers to process and use Service Data as described in this paragraph without violating the rights of any third parry or otherwise obligating Seller, its affiliates, subsidiaries, and service providers to Buyer or any third party. The Service Data will be aggregated with other information, materials, or data collected or compiled by, or provided to, Seller, its affiliates, subsidiaries, or service providers and anonymized, such that the Service Data will not intentionally reveal Buyer's identity. In accordance with applicable law, Service Data may be transferred, transmitted, or distributed to, stored, and processed in, cloud computing environments In the United States or any other country in which Seller, Its affiliates, subsidiaries, or service providers maintain operations. By using the Goods, Parts, and/or Software. Buyer agrees to such use, transfer, transmission, distribution, storage, and processing of the Service Data. Seller, its affiliates, subsidiaries, and service providers will retain Service Data for as long as is necessary for Seller and its affiliates and subsidiaries business purposes in accordance with applicable law. The rights and licenses granted herein to Seller's service providers shall only be granted to the extent service providers are providing goods and services on Seller's and its affiliates and subsidiaries behalf. 26. PRIVACY: Seller will collect and process personal data of those employed by or otherwise affiliated with Buyer in accordance with Sellers "Privacy Notice for Customers and Suppliers — California" available here www_ verliv.comlca-privacy (the "Notice"), which Notice the Buyer hereby acknowledges having received, read, and understood. In the event of any queries or concerns with Its contents, Buyer must contact Seller at the contact details provided in the Notice prior to entering into this Agreement or the commencement of performance hereunder, in failure of which, the terms of the Notice will be deemed accepted and consented to in their entirely. 27. ADDITIONAL SERVICE CONDITIONS: The Buyer shall furnish to Seller, at no cost. sullable working space. storage space, adequate heat, telephone, light, venfilation, regulated electric power and outlets for testing purposes. The facililies shall be within a reasonable distance from where the Goods are to be provided. Seller and its representatives shall have full and free access to the equipment in order to provide the necessary Goods. Buyer authorizes Seller to send a service technician or an authorized agent to access any site requested by Buyer to perform services, including services on different scopes of work and equipment as requested by Buyer. Buyer shall provide the means to shut-off and secure electric power to the equipment and provide safe working conditions. Seller is under no obligation io remove or dispose of Parts or equipment unless specifically agreed upon in Seller's scope of work Buyer shall immediately Inform Seller, in writing. at the time of order placement and thereafter, of any unsafe or hazardous substance or condition at the sile, including, but not limited to, the presence of asbestos or asbestos -containing materials, and shall provide Seller with any applicable Material Data Safety Sheets regarding the same. Any losses, costs, damages, claims and expenses incurred by Seller as a result of Buyers failure to so advise Seller shall be borne by Buyer. Seller, in its sale discretion and without cost or penalty, reserves the right to cancel its performance under this Agreement or any order immediately upon written notice to Buyer following Seller discovery of unsafe or hazardous site substance or condition or any other circumstance altering Sellers performance hereunder. Buyer shall appoint a representative familiar with the site and the nature of Seller's performance to be accessible at all times that Seiler personnel are at the site. Seller shall not be liable for any expenses Incurred by Buyer in removing, replacing or refurbishing any Buyer equipment or any part of Buyers building structure that restricts Seller access. Buyer personnel shall cooperate with and provide all necessary assistance to Seller. Seller shall not be liable or responsible for any work performed by Buyer. 28. INDEMNITY: Each party shall indemnify and hold the other party harmless from loss, damage, liability or expense resulting from damage to personal property of a third party, or injuries, including death, to third parties to the extent caused by a negligent act or omission of the party providing indemnification or a party's subcontractors, agents or employees during performance of services hereunder. Such indemnification shall be reduced to the extent damage or injuries are attribulable to others and in no even) shall the indemnifying party be obligated to indemnify or insure the other party for the indemn€tee's own fault or negligence. The indemnifying party shall defend the other party In accordance with and to the extent of the above indemnification, provided that the Indemnifying party is: €) promptly not€fled by the other party, In writing, of any claims, demands or suits for such damages or injuries; li) given all reasonable information and assistance by the other party; iii) given full control over any resulting negotiation, arbitration or litigation, including the right to choose counsel and settle claims, or the indemnifying party's obligations herein shall be deemed waived. 185 of 189 LIMITED WARRANTY FOR THERMAL MANAGEMENT PRODUCTS Warrantor: Vertiv Corporation (referred to herein as "Vertiv") offers the following One -Year Limited Warranty Against Defects in Material and Workmanship ("Warranty") for applicable Product. Products Covered: • Vertiv Thermal Management Products Terms of Limited Warranty: As provided herein, Vertiv warrants that during the Warranty Period (as defined below) the Product: • is free of defects in material and workmanship; and • conforms to the descriptions contained in any applicable certified drawings for such Product, to Vertiv's final invoices, and to applicable Vertiv Product brochures and manuals current as of the date of Product shipment ("Descriptions") Warrantv Period: A period of one (1) year from a valid, documented Product warranty inspection performed by Vertiv personnel, which period shall expire no later than eighteen (18) months from the Product shipment date. Product shipment date is determined only from the bill of lading. If Product warranty inspection is not performed, the Warranty Period is thirteen (13) months from the date of shipment by the original end-user. If any part or portion of the Vertiv Product fails to conform to the Warranty within the Warranty Period, Vertiv, at its option, will furnish new or factory remanufactured Products for repair or replacement of that failed portion or part. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND OR RESTART THE ORIGINAL WARRANTY PERIOD. Vertiv does not control the use of any Product and, accordingly, materials classified as "Descriptions" are NOT WARRANTIES OF PERFORMANCE and NOT WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Who is Covered This Warranty extends to the original end-user (the "User") and only within the fifty states of the USA and Canada. This Warranty is not transferable or assignable without the prior written permission of Vertiv. This Warranty is given ONLY to purchasers who buy for commercial or industrial use in the ordinary course of business. Vertiv assigns to User any warranties which are made by manufacturers and suppliers of components of, or accessories to, the Vertiv Product and which are assignable, but Vertiv makes NO REPRESENTATIONS as to the effectiveness or extent of such warranties, assumes NO RESPONSIBILITY for any matters which may be warranted by such manufacturers or suppliers and extends no coverage under this Warranty to such components or accessories. Warrantv Claims Procedure and Services: Within thirty (30) days after User's discovery of a defect, User must contact their local Vertiv representative and provide all material information relating to such alleged defect. User may contact Vertiv at (800) 543-2378 for local Vertiv representative information. Vertiv, in its sole discretion, shall either repair or replace defective Products. User shall bear all labor or shipping charges associated with de -installation, shipment and transportation of the returned Product and the transportation and installation of the Product replaced under warranty. Warranty coverage will be extended only after Vertiv or its representative's inspection discloses the claimed defect and shows no signs of treatment or use that would void the coverage of this Warranty. All defective Products and parts thereof replaced under this Warranty become the property of Vertiv. Items Not Covered: THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical current or connection, inadequate water or drain services, negligence, inappropriate on site operating conditions, repair by non-Vertiv designated personnel, accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, Acts of God, theft or installation contrary to Vertiv's recommendations or specifications, or in any event if the Vertiv serial number has been altered, defaced, or removed. THIS WARRANTY DOES NOT COVER shipping costs, Product instal lati ontrem oval costs, travel costs, extemal circuit breaker resetting, loss of refrigerant, maintenance or service items and further, except as may be provided herein, does NOT include labor costs or transportation, arising from the replacement of the Vertiv Product or any part thereof or charges to remove or reinstall same at any premises of User, nor for site inspections that determine no corrective action was required nor any other services not expressly provided for by the terms of the Warranty. Consumables, including but not limited to air filters, are not covered by this Warranty. THIS WARRANTY IS VOID UPON THE FOLLOWING: (1) the Product having been stored in an unsuitable environment after Product shipment and/or (2) if applicable, Product warranty inspection performed by a third party other than Vertiv and/or its authorized representatives. No salesperson, employee or agent of Vertiv is authorized to add to or vary the terms of this Warranty. Vertiv retains the right to cancel the Warranty, subject to reinstatement at Vertiv's sole discretion, for late- or non-payment of the Product purchase price and any other amounts due. Warranty terms may only be modified, if at all, it in writing and signed by a Vertiv officer. Other Limitations THIS LIMITED WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE VERTIV PRODUCT AS SET FORTH HEREIN. IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, VERTIV'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL VERTIV ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE. THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN CONNECTION WITH ANY NUCLEAR, MEDICAL, LIFE-SUPPORT AND RELATED APPLICATIONS. 590-2001-501 BISL-01 0009-19 186 of 189 OPTIONAL LIMITED WARRANTY FOR THERMAL MANAGEMENT PRODUCTS Warrantor: Vertiv Corporation (referred to herein as "Vertiv") offers the following Optional Limited Warranty Against Defects in Material and Workmanship ("Warranty") for applicable Product. Products Covered: • Compressors contained in Liebert Thermal Management Products Terms of Limited Warrantv: As provided herein, Vertiv warrants that during the Warranty Period (as defined below) the Product: - is free of defects in material and workmanship: and • conforms to the descriptions contained in any applicable certified drawings for such Product, to Vertiv's final invoices, and to applicable Vertiv Product brochures and manuals current as of the date of Product shipment ("Descriptions") Warranty Period: A period of U one (_) two U three U four years after the expiration of the One Year Limited Warranty Against Defects in Materia land Workmanship. If any part or portion of the Vertiv Product fails to conform to the Warranty within the Warranty Period, Vertiv, at its option, will furnish new or factory remanufactured Products for repair or replacement of that failed portion or part. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND OR RESTART THE ORIGINAL WARRANTY PERIOD. Vertiv does not control the use of any Product and, accordingly, materials classified as "Descriptions" are NOT WARRANTIES OF PERFORMANCE and NOT WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Who is Covered: This Warranty extends to the original end-user (the "User") and only within the fifty states of the USA and Canada. This Warranty is not transferable or assignable without the prior written permission of Vertiv. This Warranty is given ONLY to purchasers who buy for commercial or industrial use in the ordinary course of business. Vertiv assigns to User any warranties which are made by manufacturers and suppliers of components of, or accessories to, the Vertiv Product and which are assignable, but Vertiv makes NO REPRESENTATIONS as to the effectiveness or extent of such warranties, assumes NO RESPONSIBILITY for any matters which may be warranted by such manufacturers or suppliers and extends no coverage under this Warranty to such components or accessories. Warranty Claims Procedure and Services: Within thirty (30) days after User's discovery of a defect, User must contact their local Vertiv representative and provide all material information relating to such alleged defect. User may contact Vertiv at (800) 543-2378 for local Vertiv representative information. Vertiv, in its sole discretion, shall either repair or replace defective Products. User shall bear all labor or shipping charges associated with de- installation, shipment and transportation of the returned Product and the transportation and installation of the Product replaced under warranty. Warranty coverage will be extended only after Vertiv or its representative's inspection discloses the daimed defect and shows no signs of treatment or use that would void the coverage of this Warranty. All defective Products and parts thereof replaced under this Warranty become the property of Vertiv. Items Not Covered: THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical current or connection, inadequate water or drain services, negligence, inappropriate on site operating conditions, repair by non-Vertiv designated personnel, accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, Acts of God, theft or installation contrary to Vertiv's recommendations or specifications, or in any event if the Vertiv serial number has been altered, defaced, or removed. THIS WARRANTY DOES NOT COVER shipping costs, Product installation/removal costs, travel costs, external circuit breaker resetting, loss of refrigerant, maintenance or service items and further, except as may be provided herein, does NOT include labor costs or transportation, arising from the replacement of the Vertiv Product or any part thereof or charges to remove or reinstall same at any premises of User, nor for site inspections that determine no corrective action was required nor any other services not expressly provided for by the terms of the Warranty. Consumables, including but not limited to air filters, are not covered by this Warranty. Non- compressor related parts are warranted separately. THIS WARRANTY IS VOID UPON THE FOLLOWING: (1) the Product having been stored in an unsuitable environment after Product shipment and/or (2) if applicable, Product warranty inspection performed by a third party other than Vertiv and/or its authorized representatives. No salesperson, employee or agent of Vertiv is authorized to add to or vary the terms of this Warranty. Vertiv retains the right to cancel the Warranty, subject to reinstatement at Vertiv's sole discretion, for late- or non-payment of the Product purchase price and any other amounts due. Warranty terms may only be modified, if at all, if in writing and signed by a Vertiv officer. Other Limitations: THIS LIMITED WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE VERTIV PRODUCT AS SET FORTH HEREIN. IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, VERTIV'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL VERTIV ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE. THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN CONNECTION WITH ANY NUCLEAR, MED 590-2004-501A/SL-020008-18 187 of 189 Ann -Marie Fraser From: Siewert, Roberto R <Roberto.Siewert@daikinapplied.com> Sent: Tuesday, March 10, 2020 4:07 PM To: Ann -Marie Fraser Subject: City of Sebastian Attachments: FTK24NMVJU-RK24NMVJU Submittal v10.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Ann -Marie, Good afternoon. Attached is the submittal for the Daikin Replacement unit. Commercial warranty is 5 years on this equipment. Price for the indoor and outdoor unit will be $1.740.00 Let me know if you need a replacement wired thermostat, the unit will come with a remote control. Coastal corrosion coating may also be an option and would cost around $400 add. Let me know if any of the options are required and I will submit for the OMNIA proposal. Thanks. Best Regards, Roberto R. Siewert, LEED® AP Senior Sales Engineer - South Florida Daikin Applied 561.314.5159 (Mobile) 954.862.8500 x 252 (Office) 954.486.9735 (Fax) roberto.siewert@daikinapplied.com I www.daikinapplied.com Also Representing: MAR C,RAF T � nn i a G .+:.:nit -:+•r :4- 11.YAC NNOVAWN d TtCH46L40fF.'. OM i 0 r 1 s F'`AIR CONDITIONING �� SINCE 1971__�,� TO: City of Sebastian 1225 Main Street Sebastian, FL 32958 PROPOSAL Serving Brevard and Indian River Counties 321-952-5511 + 772-589-1063 License No. CAC 1816097 PHONE; 772-589-5330 DATE: 3/12/2020 JOB LOCATION ICOMPUTER SERVER ROOM SCOPE OF WORK JOB NAME LABOPUMATERIALS LIEBERT PROJECT We hereby submit this proposal Arnold Air to provide labor and material support only for the installation of CUSTOMER PROVIDED equipment for replacement (Liebert #MMD24ENPR0D4 and addition of an emergency back-up cooling system (DAIKIN #FTK24NMVJU and RK24NMVJU) for main computer server room and consists of the following items: (1) Liebert - Installation of new system and removal of existing Liebert system and. Including: new line -set (refrigerant lines, communication wire). Arnold will reconnect to existing condensate drain and existing primary power source. WARRANTY: By others. (2) Daikin -Installation of new emergency back-up cooling system. Including: new line -set (refrigerant lines, communication wire, condensate drain): primary power source by others. Installation to customer requirements. WARRANTY: By others. PRICING: Liebertsystem $10,655 Labor Emergency Back-up System $3,789 Labor Total Labor and Material Costs: $14,444 Electrical, carpentry, drywall, paint, installed by others and is the owners responsibility unless otherwise stated. Permitting provided by Arnold Air Conditioning, Inc., CAC 1816097. We Propose hereby to furnish material and labor- complete in accordance with the above specifications, for sun of: $3,789 DAIKIN; $10,655.00 Liebert System Dollars $14,444.00 Payment to be made as follows: upon completion of each system respectively All material is guaranwcd to be as specified. All work to be completed in a professional manner according to standard practices. Any alterations or deviations from above George Michalski Authorized Signature: t; specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the proposal. All agreements wntigent upon strikes, accidents or delays beyond our control. owner to cam fire, tornado and other necessary Note: This proposal tray be withdrawn insurances Our workers are fully covered by workers compensation insurance, Liability by us isnot accepted within: coverage available upon request Job Completion is 900/c orthe job value is acheived. 30 Days Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorizing Arnold Air Conditioning, Inc. to do the work as specified. Payment will he made as outlined Signature: above. Date of Acceptance: Signature: 189 of 189