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HomeMy WebLinkAbout04-22-2020 CC Agenda w/BOA - Cancelled4/22/2020 Based on the consensus of the City Council and the authority granted by the Declaration of Local State of Emergency, I am directing that the meeting of April 22, 2020 be postponed and all items carried forward to the next regularly scheduled meeting. Paul E. Carlisle City Manager City of Sebastian 1225 Main Street Sebastian, fl. 32958 772-388-8200 INSTRUCTIONS FOR PARTICIPATION USING COMMUNICATIONS MEDIA TECHNOLOGY CAN BE FOUND ON PAGE 7 01) 0 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING $ BOARD OF ADJUSTMENT HEARING AGENDA WEDNESDAY, APRIL 22, 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 CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Gilliams 4. READING OF CIVILITY PLEDGE — Read by Council Member Gilliams 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 6. RESOLUTION NO. R-20-06 — RELATING TO EMERGENCY MANAGEMENT, 20.054 COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS, QUORUM, pgs 9-17 PROCEDURES AND OTHER MATTERS (Transmittal, R-20-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO EMERGENCY MANAGEMENT, COVID-19 - LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR AN EFFECTIVE DATE 7. Recess Citv Council Meetina and Convene as Board of Adiustment pgs 18-20 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 1 of 359 • 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 21-51 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 41712020) (Transmittal, Report, Ex A -F, Application, Notice) & Adiourn the Board of Adiustment Meetinq and Reconvene the Reqular City Council Meetinq 9. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members 10. 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. 20.044 A. Proclamation for Chief J. Michelle Morris — Retiring with 33 Years of Meritorious pg 52 Service to the Sebastian Police Department 20.044 B. Announcement of New City of Sebastian Police Chief, Captain Daniel N. Acosta 20.055 C. Proclamation — Recognizing Former Vice Mayor Sal Neglia for His Many Years of pg 53 Community Service 20.056 D. Proclamation — Arbor Day — April 24, 2020 — Special Announcement of the City's Inaugural "Growth Award" pg 54 20.057 E. Proclamation — Sexual Assault Awareness Month — April 2020 pg 55 11. 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. 2 2 of 359 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 56-70 A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting pgs 71-83 B. Approval of Minute's - February 26, 2020 Regular City Council Meeting pgs 84-89 C. Approval of Minutes — March 18, 2020 Regular City Council Meeting 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands pgs 90-106 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. 20.058 E. Resolution No. R-20-05 — Adopting the Revised Indian River County Unified Local pgs 107-109 Mitigation Strategy of 2020 (Transmittal, R-20-05) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY OF 2020; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE. 20.059 F. Authorize the Application Process for the 2019 Edward Byrne Memorial Justice pgs 110-130 Assistance Grant (JAG) Countywide State Solicitation in the amount of $11,458.00 and Authorize the Mayor to Sign the 51% Letter for Submission to the County Commission and Approve the Expenditure Upon Grant Award (Transmittal, Notice, Information, Letter) 20.060 G. Approve Emergency Expenditure for Replacement of Asphalt Road Due to 3rd Party pgs 131-133 Sub -Contractor's Negligence (Transmittal, Settlement, Quote) 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. 14. PUBLIC HEARINGS - None 15. UNFINISHED BUSINESS 16. NEW BUSINESS A. Items Ar)oroved by the Citv Manager in Accordance with the Citv of Sebastian Declaration of Local State of Emerqencv 20.045 i. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 pgs 134-151 (Transmittal to County, Transmittal, Report) 3 3 of 359 20.038 ii. Concrete Construction Service Agreement with Tim Rose Contracting, Inc. for pgs 152-154 the New Pavement Culvert Replacement/Swale Regrading Capital Project — Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 20.053 iii. Emergency Purchase and Installation of (1) HVAC System for the M.I.S. pgs 155-163 Division's Server Room from Arnold Air Conditioning in the Amount of $27,160.00 (Transmittal, Quotes, Proposal) 20.061 iv. Microsoft Enterprise Agreement to Connect to Office 365 and One Drive pgs 164-180 (Transmttal, Agreements) 20.047 V. Approve the Distribution of Sebastian Police Department Forfeiture Funds to pgs 181-187 the Substance Awareness Center in Accordance with FS 932.7055 (Letter, Transmittal, F.S.932.7055, Letters) 20.050 B. Resolution No. R-20-04 - Accepting the 15t Quarter Financial Report and pgs 188-211 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. 20.052 C Approve a Pre -Construction Services Agreement with Wright Construction Group, pgs 212-225 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) 20.062 D. Approve CSA #6 with Infrastructure Consulting and Engineering (ICE) for the Design pgs 226-240 of New Taxi Lanes at the Sebastian Municipal Airport in the Amount of $69.882.50 and Authorize the City Manager to Execute Appropriate Documents (Transmittal, CSA #6, Scope, Fee Schedule, Fee Examination) 20.063 E. Approve Resurfacing of Friendship Park's Clay Tennis Courts by Welch Tennis pgs 241-250 Courts, Inc. in the Amount of $23,300.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quotes) 20.064 F. Vice Mayor Mauti and Council Member Gilliams Request — Review the Extension of pgs 251-253 the Future Land Use Map Amendment to the Comprehensive Plan (Correspondence) 20.054 G. Vice Mayor Mauti Request and Council Member Gilliams — City of Sebastian's pgs 254-267 Emergency Order (Code, Emergency Declaration) 20.065 H. Council Member Gilliams Request — Review Mayor's Closure of the March 18, 2020 pgs 268-280 Board of Adjustment and City Council Meeting (Charter Section) 4 4 of 359 20.065 I. Vice Mayor Mauti Request - Rescind the position of Mayor — Reorganization of the pgs 281-287 position of Mayor by the Council (E-mail, 2016 Minutes Excerpts) 20.066 J. Council Member Parris - Reconsider health insurance coverage for Council Members pgs 288-292 (Transmittal, Spreadsheet, 2015 Minutes Excerpt) 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 Mavor Mauti iv. The Board of Adiustment a. Full Council discussion on the Joseph Scozzari matter D. Council Member Gilliams pgs 293-334;335-345 i. City Attorney legal opinions and work on City property (Legal Opinions) ii. Indian River County Daily Emergency Report (Official Use Only) (under separate cover) iii. Freeze on hiring and review capital spending, budget projections pgs 346-350 iv. Handicapped requirements for City Hall (Ltr from Ms. Pezzullo) pgs 351-353 V. Legal fees for outside attorneys (Dan Abbott Retainer) vi. Strategy with Chamber of Commerce for small businesses to reopen pgs 354-355 vii. Upcoming hurricane season (AccuWeather's Forecast) pgs 356-359 viii. COVID-19 testing (March 9 E-mail) 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. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) 5 5 of 359 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 Meetinq Dates: May 13, 2020 — Regular City Council Meeting May 27, 2020 -- CRA & Regular City Council Meeting June 10, 2020 — Regular City Council Meeting June 24, 2020 — CRA & Regular City Council Meeting PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02 Reaular Citi Council Meetinas Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinas. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headina on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 6 6 of 359 f Sebastian _ ran lsle nd Ways To Do Public Input The April 22, 2020, City of Sebastian Board of Adjustment & City Council Meeting will be a Virtual Meeting with some elected officials participating through video conferencing and members of the public will have several options to participate in the meeting. This meeting will be broadcasted live on the Comcast Channel 25, ATT U -Verse Channel 99, the City's website (www.cityofsebastian.org (http://www.cityofsebastian.org); and https://www.facebook.mni/cityofsebastian/live (https://www.facebook.com/cityofsebastian/live)). For members of the public to participate in the April 22, 2020 Board of Adjustment and City Council Virtual Meeting at 6:00 p.m., the public will have the following options: To participate in the Board of Adjustment Public Hearing 1. Either appear in-person (Maximum Density Capacity of 10 people in an area) OR 2. Contact the City of Sebastian at either costs@costv.oityofsebastian.com (mailto:costs@costv.cityofsebastian.com) or 772-388-8226 to register to participate by video. Anyone wanting to use this method, please contact us no later than 12 PM on April 22, 2020. If you are sending an email to costs@costv.cityofsebastian.com (mailto:cosh@costv.cityofsebastian.com), please include your name and your email address. Also, include a phone number, so that we can contact you if needed. To participate in any other parts of the Council Meeting, use the following methods: 1. Maximum Density Caoacitv of 10 woole in an area The April 22, 2020, City Council meeting will be conducted in accordance with the Govemor DeSantis Executive Order Number 20-83 with a maximum density of 10 people in the council chamber at any given time. Thus, members of the public that want to be heard on April 22, 2020, will be brought into the chambers one at a time to stay in compliance with EO 20-83. Additionally, no more than 10 members of the public will be permitted in the Atrium to watch the meeting on the television. Also, seating will be available outside of the city hall in the courtyard with a television monitor along with a microphone to allow public input for those who are not comfortable coming inside. At all times, members of the public must strictly adhere to the mandates of EO 20-83 and must keep the appropriate social distancing of a minimum of six (6) feet at all times. 2. Facebook live The City will be broadcasting the meeting via https://www.fambook.com/cityofsebastian/ (https://www.facebook.com/cityofsebastian/) & be allowing comments with the following notes. All comments must be germane to the item that you are addressing and must not include any profanity or other offensive language. Please include your name and address (optional) along with your comments. Please include the hashtag #comment when posting a question or comment that you would like read, otherwise, your comment might be missed There will also be at least a 20 -sec delay regarding the playback of the meeting. Page 7 3. Zoom Webinar Wodated 04120120201 -Audio Particioation Possible Durino The.Meetino The City of Sebastian is making it even easier to participate in the City Council meeting by dropping the registration process. Via the Zoom.us Application (must be installed on computer or phone) On Apr 22, 2020 - 06:00 PM Eastern Time - Please click the link below to join the webinar: https:/Izoom.usTjj/372035793 (https://zoom.uslj/372035793) Or Telephone: Dial of the following numbers and then entering the Webinar ID: 372 035 793 when prompted: • +1 929 436 2866 or • +1 312 626 6799 or • +1 669 900 6833 or • +1 253 215 8782 or • +1 301 715 8592 or • +1 346 248 7799 International numbers available: https:/Izoom.us/u/adDYB4luEW (https://zoom.us/uladDYB4luEW) Or Whone one -tap: US: +19294362866„372035793# or+13126266799„372035793# Attendees may be allowed to speak, If council permits, by raising their hands (via the app or by pressing *9 while dialed in) and then waiting for permission to speak. Further Information on hand -raising can be found here. (/images/ZoomTipsRaiseHand-1587151643835.pdf) More instructions may follow as needed. 4. Message Realav Members of the public can leave a pre-recorded public message/comment by calling (772) 202-2468 for agenda items that are scheduled to be heard at this Special Virtual Meeting. The voicemail message must contain your name, address (optional), item number, and meeting. All comments must be germane to the item that you are addressing and must not include any profanity or other offensive language. The message will be replayed during the Special Virtual Meeting. Voicemail message/comment cannot be more than five (5) minutes long as permitted by City Council. If longer, Voicemail is subject to being cut off by the Mayor. Your voicemail messages will be made a part of the record. Public messages/comment MUST be received by 12 p.m. on April 22, 2020. Any submissions received after the deadline MAY NOT be played during the meeting but will be included as part of the record. 5. Video Recordina Reolav Members of the public may also submit a prerecorded video of your public comment to be shown at the Special Virtual Meeting. Video messages MUST be sent by 12 p.m. on April 22, 2020. All comments must be germane to the item that you are addressing and must not include any profanity or other offensive language. Any submissions received after the deadline MAY NOT be played during the meeting but will be included as part of the record. Please email the prerecorded video to costs@costv.cityofsebastian.com (mailto:costs@costv.cityofsebastian.com) with the following Information: Your name Your address (optional) The item for which this video is being presented for A link to your video. Videos must not be more than 5 minutes long as permitted by City Council Rules. If longer, video is subject to being cut off by the Mayor. If you are having issues with the online virtual meeting, please contact us at 772-388-8226 or email us at costs@costv.cityofsebastian.com (matlto:costy@costv.cityofsebastian.com) and we will attempt to assist you in getting your comment, message or video available. Council meetings are broadcast live, recorded, and replayed on Comcast Channel 25 and on the City's website at www.dtyofsebastian.org/live. (http://www.cityotebastian.org/live.) Please visit the website for detailed instructions on how to provide public comment using any of the previously mentioned options. View meeting agenda. (/public4nfonnation/meeting-agendas-2) Page 8 MOF SEBAST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 22 April 2020 Agenda Item Title: PROPOSED RESOLUTION R-20-06 RELATING TO EMERGENCY MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS Recommendation: Approve Resolution R-20-06 Background: On March 20, 2020, Governor Ron DeSantis issued Executive Order (EO) 20-69, stating that municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology (CMT) such as telephonic or video conferencing, as provided by Section 120.54 (5) (b) 2, Florida Statutes. The Executive Order further authorizes the City of Sebastian City Council to utilize CMT, such as telephonic and video conferencing, as provided in Section 120.54 (5) (b) (2), F.S., to conduct a public meeting. City of Sebastian City Council desires to conduct public meetings consistent with the Executive Order 20-69, fully compliant with the Sunshine Law, and to provide the utmost transparency and opportunity for public access and participation. Also, City Council wants to ensure that all necessary and appropriate steps are taken to protect the health, safety and welfare of the citizens and residents of the City �jof Sebastian. Administrative Services Department Review:` ti 6��3L -1-J-1 4-1 Attachments: 1. Resolution R20-06 2. EO 20-69 7!er Authorization: Date: 15 April 2020 9 of 359 RESOLUTION 20-06 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO EMERGENCY MANAGEMENT, COVID-19 — LOCAL GOVERNMENT PUBLIC MEETINGS QUORUM, PROCEDURES AND OTHER MATTERS; PROVIDING FOR SEVERABILITY ; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 1, 2020, Florida Governor DeSantis issued Executive Order (EO) 20-51 directing the Florida Department of Health to issue a Public Health Emergency as a result of COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, Florida Governor DeSantis issued EO 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as working from home and avoiding gatherings of more than ten (10) people; and WHEREAS, on March 17, 2020, Florida Governor DeSantis wrote a letter to Attorney General Ashley Moody seeking an advisory opinion regarding concerns raised by local government bodies about their ability to hold meetings through teleconferencing and other technological means in order to protect the public and follow the CDC guidance regarding social distancing; and WHEREAS on March 17, 2020, Indian River County declared a local state of emergency exists in all of Indian River County; and WHEREAS on March 17, 2020, City of Sebastian declared a local state of emergency exists in all of the City of Sebastian; and WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion to Governor DeSantis indicating that certain provisions of Florida law require a physical quorum be present for local government bodies to conduct official business, and that local government bodies may only conduct meetings by teleconferencing or other technological means if either a statute permits a quorum to be present by means other than in person, or that the in person requirement for constituting a quorum is lawfully suspended during the state of emergency; and 10 of 359 City of Sebastian, Florida Resolution 20-06 Re: Emergency Management, COVID-19 — Local Government Public Meetings Quorum & Procedures WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled, and that residents and visitors in Florida remain safe and secure; and WHEREAS, on March 20, 2020, Governor Ron DeSantis issued Executive Order No. 20-69, stating that municipalities may conduct meetings of their governing boards without having a quorum of its members present physically or at any specific location, and utilizing communications media technology (CMT) such as telephonic or video conferencing, as provided by Section 120.54 (5) (b) 2, Florida Statutes; and WHEREAS, the Executive Order further authorizes the City of Sebastian City Council to utilize CMT, such as telephonic and video conferencing, as provided in Section 120.54 (5) (b) (2), F.S., to conduct a public meeting; and WHEREAS, the City of Sebastian City Council desires to conduct a meeting consistent with the Order, fully compliant with the Sunshine Law, and to provide the utmost transparency and opportunity for public access and participation while ensuring that all necessary and appropriate steps are taken to protect the health, safety and welfare of the citizens and residents of the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, pursuant to EO 20-69, dated March 20, 2020, the authority set forth in Ch. 252, F.S., and all other applicable laws, hereby adopts the following procedures for City Council meetings utilizing CMT: SECTION 1. The City of Sebastian wishes to establish procedures by which public CMT meetings shall be held pursuant to the Executive Order referenced above under the following procedures in SECTION 4 and adopts same which shall take immediate effect. SECTION 2. Notice for all `CMT" public meetings of the City Council shall be prepared and posted in accordance with Section 120.54 (5) (b) (2), F.S., and Ch. 28-109, F.A.C., along with the City's Code of Ordinances and other applicable local and state law. SECTION 3. Members of the City Council and City staff may attend meetings remotely utilizing CMT. The City's MIS Department shall assist to ensure that all members of the City Council and necessary City staff, as determined by the City Manager, have access to the City Council meeting. Pursuant to the EO 20-69, a physical quorum of the City Council is not legally required to hold a meeting and conduct official business. In the event that a physical quorum is not present, a quorum utilizing CMT shall be required in order to hold a meeting and conduct official business. 2 1 1' , r 11 of 359 City of Sebastian, Florida Resolution 20-06 Re: Emergency Management, COVID-19 — Local Government Public Meetings Quorum & Procedures SECTION 4. The following are procedures for CMT public meetings held by the City of Sebastian until the expiration of the Executive Order issued by Florida Governor DeSantis: A. The meeting's published notice shall indicate the meeting is a CMT public meeting. B. The City shall post procedures for CMT public meetings on the City's website, www.citvofsebastian.orp,. C. Broadcast Live. All CMT public meetings will be broadcasted live on the Comcast Channel 25, ATT U -Verse Channel 99, the City's website (www.citvofsebastian.orR; and ILttt)s://www.facebook.coin/cltvofsebastlaii/live). D. To participate in any published notice "CMT" Quasi -Judicial public meeting: 1. Either appear in-person (Maximum Density Capacity of 10 people in an area) OR 2. Contact the City of Sebastian at either costs(a&costv.citvofsebastian.com or 772-388-8226 to register to participate by video. Anyone wanting to use this method will need to contact the city by a specific time and date prior to the hearing (See Published Notice). If you are sending an email to costs(a7,costv.citvofsebastian.com, please include your name, phone number and your email address so that we can contact you, if needed. E. To participate in any other parts of the "CMT" public meeting, members of the public can use any of the following methods: I. Maximum Density Capacity of 10 people in an area. The City urges members of the public to remain at home and practice social distancing. Public meetings are not required to be held in a physical location if alternative methods allow public participation and observation. a. All City Council meetings will be conducted in accordance with the Governor DeSantis Executive Order Number 20-83 and CDC Guidelines with a maximum density of 10 people in the council chamber at any given time. b. Thus, members of the public that want to be heard during a "CMT" public meeting will be brought into the chambers one at a time to stay in compliance with EO 20-83 and CDC Guidelines. c. Additionally, no more than 10 members of the public will be permitted in the Atrium to watch the meeting on the television. 3 1 P a g e 12 of 359 City of Sebastian, Florida Resolution 20-06 Re: Emergency Management, COVID-19 — Local Government Public Meetings Quorum & Procedures d. Also, seating will be available outside of the city hall in the courtyard with a television monitor along with a microphone to allow public input for those who are not comfortable coming inside. e. At all times, members of the public must strictly adhere to the mandates of EO 20-83, CDC Guideline and must keep the appropriate social distancing of a minimum of six (6) feet at all times. 2. Facebook Live. The City will be broadcasting all meetings via httt)s://www.facebook.com/citvofsebastian/ & be allowing comments with the following notes. All comments must be germane to the item that you are addressing and must not include any profanity or other offensive language. a. Please include your name and address (optional) along with your comments. b. Please include the hashtag #comment when posting a question or comment that you would like read, otherwise, your comment might be missed c. There will also be at least a 20 -sec delay regarding the playback of the meeting. 3. Zoom Webinar. Please use the following Iink to register as an attendee for the City of Sebastian's Council Meeting. htti)s://zoom.us/webinar/rep,ister/1115863776293/WN 6F9iA0eCTfCm9dl9DLgOcA a. By registering, you will be provided with a link to the meeting and some instructions on how to load the software or dial -in. b. Attendees may be allowed to speak, if council permits, by RAISEing their hands (via the app or by pressing *9 while dialed in) and then waiting for permission to speak. See ZoomTio sRaiscH and. odf. Additional instructions may be posted, as needed. 4. Message Replay. Members of the public can leave a pre-recorded public message or comment by calling (772) 202-2468 for agenda items that are scheduled to be heard at this "CMT" public meeting. a. The voicemail message must contain your name, address (optional), item number, and meeting. b. All comments must be germane to the item that you are addressing and must not include any profanity or other offensive language. 13 of 359 City of Sebastian, Florida Resolution 20-06 Re: Emergency Management, COVID-19 — Local Government Public Meetings Quorum & Procedures The message will be replayed during the "CMT" public meeting. Voicemail message or comment cannot be more than five (5) minutes long as permitted by City Council. If longer, Voicemail is subject to being cut off by the Mayor. d. Your voicemail messages will be made a part of the record. e. Public messages or comment MUST be recorded twenty-four (24) hours prior to the meeting (see published notice). Any submissions received after the deadline MAY NOT be played during the meeting but will be included as part of the record. 5. Video Recording Replay. Members of the public may also submit a pre-recorded video of your public comment to be shown at the "CMT" public meeting. a. Video messages MUST recorded twenty-four (24) hours prior to the meeting (see published notice). Any submissions received after the deadline MAY NOT be played during the meeting but will be included as part of the record. b. All comments must be germane to the item that you are addressing and must not include any profanity or other offensive language. c. Please email the pre-recorded video to costs(ir costv.citvofsebastian.com with the following information: When addressing the City Council, the member of the public must first state his or her name, his or address (optional), the item for which this video is being presented for and a link to your video. d. Videos must not be more than 5 minutes long as permitted by City Council Rules. If Ionger, video is subject to being cut off by the Mayor. F. If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required, and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (Section 286.0105, Florida Statutes). Such person must provide a method for recording the proceedings verbatim. G. In compliance with the Americans with Disabilities Act (ADA), persons needing special accommodations for this meeting shall, at least forty-eight (48) hours in advance of the meeting, contact the City's ADA Coordinator at (772) 589-5330 x8222. Hearing Assistance Headphones are available in the Council Chambers for all public meetings. People with personal hearing aids may have the ability to connect to the T -Coil installed in the chamber. SECTION 5. PROVIDING FOR SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, 51 Page 14 of 359 City of Sebastian, Florida Resolution 20-06 Re: Emergency Management, COVID-19 Local Government Public Meetings Quorum & Procedures the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid or unconstitutional provision., thereby causing said remainder to remain in full force and effect. SECTION 6. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. SECTION 7. 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 Jim Hill Councilmember Pamela Parris Councilmember Damien GilIiams The Mayor thereupon declared this Resolution duly passed and adopted on this 22"d day of April 2020. ATTEST: CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and legality for the reliance by the City of Sebastian only: Jeanette Williams, City Clerk Manny Anon, Jr., City Attorney 6 1 �, f, 15 of 359 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-69 (Emergency Management — COVID-19 — Local Government Public Meetings) WHEREAS, on March 1, 2020, 1 issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency as a result of COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020, I wrote a letter to Attorney General Ashley Moody seeking an advisory opinion regarding concerns raised by local government bodies about their ability to hold meetings through teleconferencing and other technological means in order to protect the public and follow the CDC guidance regarding social distancing; and WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion to me indicating that certain provisions of Florida law require a physical quorum be present for local government bodies to conduct official business, and that local government bodies may only conduct meetings by teleconferencing or other technological means if either a statute permits a quorum to be present by means other than in person, or that the in person requirement for constituting a quorum is lawfully suspended during the state of emergency; and 16 of 359 WHEREAS, it is necessary and appropriate to tame action to ensure that COVID-I9 remains controlled, and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. I hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place. Section 2. Local government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes. Section 3. This Executive Order does not waive any other requirement under the Florida Constitution and "Florida's Government in the Sunshine Laws," including Chapter 286. Florida Statutes. Section 4. This Executive Order shall expire at the expiration of Executive Order 20- 52, including any extension. ATTES i: #EETARY OF STATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 20th da of March, 2020 R NN DESANTIS, GOVERNOR 17 of 359 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. 18 of 359 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 19 of 359 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) 20 of 359 card ;64 �-- `.. HOME OF PELICAN ISLAND BOA MEETING DATE: BOARD OF ADJUSTMENT AGENDA TRANSMITTAL April 22, 2020 AGENDA ITEM TITLE: 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 1 I 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 City Manager Authorization: Date: April 15, 2020 21 of 359 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). 22 of 359 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 23 of 359 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 24 of 359 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 25 of 359 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 26 of 359 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 27 of 359 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 36 of 359 (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.: 37 of 359 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 38 of 359 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 39 of 359 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 �- ############################################################# 44 of 359 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 45 of 359 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- 46 of 359 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: VII l / i_-1 Phone Number: ( ) - FAX Number: ( ) - �7 1Z 9I3 -l0/47, Tu7.779'5,jJ6-- E -Mail: ��U�iG Sc a Z z �-� ► Ga'. Gowj 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): B. Site Information Address: %/ -7'/? ,4 /l Lw Lot: Block: Unit: Indian River County Parcel #: l 3 92 SG000 i 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 level°'' W 8M359 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: 48 of 359 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 49 of 359 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. 50 of 359 cm �� SEBAST�1 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, APRIL 22nd, 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 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. 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. DUE TO HEALTH CONCERNS REGARDING CORONAVIRUS, ALTERNATIVE METHODS WILL BE IN PLACE FOR THE PUBLIC TO PROVIDE INPUT REGARDING THIS VARIANCE REQUEST. INTERESTED PARTIES MAY CONTACT THE CITY AT 772-388-8226 OR E-MAIL QUESTIONS AT COSTV@COSTV.CITYOFSEBASTIAN.COM OR MAY VISIT THE CITY'S WEBSITE AT httD://www.citvofsebastian.com/cvl9-public-input-methods. 51 of 359 rnra HOME pF PELICAN ISLAND j3rortamatt"On Recognizing the Retirement of J. Michelle Morris, Police Chief WHEREAS, Chief J. Michelle Morris began her career with the Sebastian Police Department in 1987 starting as a patrol officer and worked in various divisions to include investigations, training, professional standards and administration; and WHEREAS, Chief Morris was the Department's accreditation manager from 2000- 2009, completing the Department's initial state accreditation and two reaccreditations before being appointed to the Chief's position on June 25, 2009; and WHEREAS, during her tenure, the Sebastian Police Department was re -accredited for five successful cycles in a row, providing for the Department's prestigious Excelsior Status Award in 2017, exemplifying her commitment to the Department, her community and the oath she has taken; and WHEREAS, Chief Morris has served on the Executive Roundtable of Indian River County, the Juvenile Justice Advisory Board for the 19th Circuit, the Substance Awareness Council, the Racial and Ethnic Disparity Committee, and is a Commissioner with the Florida Law Enforcement Accreditation Commission. NOW, THEREFORE, I, Ed Dodd, by virtue of the authority vested in me as Mayor and on behalf of the Sebastian City Council, do hereby express our sincere appreciation and gratitude to Chief J. Michelle Morris for her 33 years of dedicated service to the City. We wish Chief Morris and her family the very best in retirement. IN WITNESS WHEREOF, I -have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 22nd day of April, 2020. FBAs'frA �-- Mayor Ed Dodd F�� e rn 52 of 359 �l I DA an of HOME OF PELICAN ISLAND 43-riortamatt"On Recognizing SAL NEGLIA WHEREAS, communities across America are fortunate to have residents with a high moral compass and a strong desire to serve; and in 1994, Sal Neglia began his community service as a member of the Code Enforcement Board for ten years; overseeing and ensuring the quality of life for Sebastian's residents; and WHEREAS, during that decade, Sal Neglia enhanced his code enforcement service by also serving on the Citizens Advisory Task Force to help assign grant monies to improve key areas of the City such as the Louisiana Avenue. He also served on the Charter Review Committee to provide input for any necessary changes to the City's foremost governing document; and was also instrumental in the formation of the Treasure Coast Regional League of Cities which allows the City to collaborate with neighboring communities on areas of mutual concern; and WHEREAS, in 2005, Sal Neglia was appointed to City Council, serving until 2008, where his encompassing insight, understanding, and experience of local government continues to enhance the quality of life that Sebastian residents enjoy today. NOW, THEREFORE, in appreciation of Sal Neglia's dedicated and meritorious community service, and with grateful thanks, let it be known that I, Ed Dodd, Mayor of the City of Sebastian, issue this proclamation on behalf of the City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 8th day of April, 2020. tay Ui IAST JAN xAJEB Mayor Ed Dodd 53 of 359 APRIL 24, 2020 WHEREAS, since the very beginning of our human experience, trees were considered sacred and honorable. President Theodore Roosevelt valued the wilderness, including trees as he established a concept of national forests known today as the United States Forest Service, and WHEREAS, trees increase our quality of life by bringing natural elements and wildlife habitats into urban settings and can reduce the erosion of our precious topsoil by wind and water, dilute water contaminants, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and WHEREAS, a healthy, thriving tree canopy is one of a City's most critical infrastructure assets, providing numerous services and benefits to the entire community, its value only increasing over time, and I WHEREAS, the City of Sebastian has been awarded the "Tree City USA" designation for the 18t" consecutive year, and this year, the City was awarded the "Growth Award" recognizing the City's effort to protect and nourish the many benefits of the City's tree population. NOW, THEREFORE, I, Ed Dodd, Mayor of the City of Sebastian, do hereby proclaim April 24, 2020 as Arbor Day in the City of Sebastian and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida to be affixed this 22"d day of April, 2020. City of Sebastian, Florida Mayor Ed Dodd 54 of 359 SEXUAL ASSAULT AWARENESS MONTH WHEREAS, sexual violence is a widespread public health problem and impacts many people in the City of Sebastian; and WHEREAS, everyday too many women, men, and children suffer pain and trauma of sexual assault in all of its forms and these crimes go unreported, leaving long lasting physical and emotional scars; and WHEREAS, during National Sexual Assault Awareness Month, we recommit ourselves to lifting the veil of secrecy and shame that surrounds sexual violence, expanding support and understanding for survivors by spearing out against harmful attitudes and actions realizing each day is an opportunity to create change_ NOW, THEREFORE, I, Ed Dodd, Mayor of the City of Sebastian, do hereby proclaim April 2020 as Sexual Assault Awareness Month and encourage all citizens to come together to increase awareness, decrease its frequency, hold offenders accountable, support survivors, and heal lives. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida to be affixed this 22"d day of April, 2020. City of Sebastian, Florida Mayor Ed Dodd 55 of 359 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. 56 of 359 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. 57 of 359 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) 58 of 359 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. 59 of 356 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. 60 of 359 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. 61 of 356 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. 62 of 359 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. 63 of 350 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. 64 of 350 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) 65 of 35W 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. 66ofA 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. 67 of 35V- 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. 68 of 35Y 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. 69 of 3516 Regular City Council & CRA Meeting February 12, 2020 Page Fifteen 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. 1$. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 9:30 p.m. Approved at the April 22, 2020 Regular City Council Meeting. Mayor Ed Dodd ATTEST. Jeanette Williams, MMC — City Clerk 15 70 of 359 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 71 of 359 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. 72 of 35q 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. 73 of 359 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. 74 of 350 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 75 of 359 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) 76 of 34 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. 77 of 35q 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. 78 of 35� 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 79 of 356 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. 80 of 3560 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 81 of 359 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. 82 of 35Vj 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 83 of .359 Jeanette Williams, MMC - City Clerk CRY Of SEBASTLNN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, MARCH 18, 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. Rev. John Gill, Sebastian United Methodist Church, gave the invocation. 3. Vice Mayor Mauti led the Pledge of Allegiance. 4. Vice Mayor Mauti read the 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. Mayor Dodd special meeting operating under guidelines by Governor DeSantis Mayor Dodd assured the public that we chose to have the meeting to deal with some of the business items and the City is coordinating with the County and Governor's office. In an attempt to aggressively attack the COVID-19 virus, governments have been directed not to have groups more than 10 but tonight the City is going to provide public access through the City's Facebook page where Council can answer questions from the public. He invited the public to go to the City of Sebastian.org sign up for emergency link and fill in information to receive updates. 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 Police Chief Michelle Morris Police Captain Dan Acosta Police Officer Kendall Holycross 84 of 359 Regular City Council, Board of Adjustment, & CRA Meeting March 18, 2020 Page Two Mayor Dodd said he signed a Declaration of Local Emergency in concert with Indian River County on Tuesday and the City was operating under the guidelines of the President and Governor DeSantis. He said the meeting was being held to deal with some items that needed to be addressed. He noted that municipalities are prohibited from having groups of more than 10 people in a gathering on any government property hence the limit to the access of the meeting. He invited the public to sign up for emergency alerts on the City's website to receive notices on their phones and e-mails. The City Manager said they were all cognizant of social distancing and some of the things that have been put into place to prohibit the spread of the disease included on-line permitting, setting up electronic participation for public meetings, installing barriers to protect staff, supplying disinfectant wipes/hand sanitizers to wipe down common areas, limiting/postponing the inside inspections of home improvements, cancelling garage sale permit requirements, cancelling City sponsored events, cancelling events in the City's facilities, and the closure of the Splash Pad. He has been participating in daily conference calls with the County, other cities, and the state and federal governments. The City is following the CDC and Florida Department of Health's guidelines. Mayor Dodd said it was within their purview to cancel the April 81h Council meeting. There was no objection from the other Council Members. Council Member Hill suggested they wait to hold any future meetings until Florida lifts the State of Emergency noting the City Manager has the power to make necessary decisions to run the City. Mayor Dodd said the limit of 10 people expires April 15 unless the Governor decides to extend it. Council Member Gilliams said he was uncomfortable holding the meeting because the public was not present. 6. AGENDA MODIFICATIONS Modifications for additions require unanimous vote of City Council members Mayor Dodd suggested they make for following agenda modifications to go forward with the meeting: • bypass the proclamation section • bypass item 8 -Public Input because they can't have more than 10 people in the room convene the public hearing for Item 9 and postpone it until the next meeting • He noted as long as no one wanted to pull something from the Consent Agenda it could be approved; if an item was pulled it would have to wait until the public could give input • pull Item 13 -Committee Reports • MOTION by Council Member Hill and SECOND by Council Member Gilliams to move Item 15 -Unfinished Business -Concrete Services up to the Consent Agenda as Item 7f • Pull New Business Items 16a -Quarterly Budget Report and b -Retail Strategies,LLC Agreement 85 of 356 Regular City Council, Board of Adjustment, R CRA Meeting March 18, 2020 Page Three Mayor Dodd noted Items 16c -Wright Construction Group Agreement and 16d -Emergency Air Conditioner Purchase could not be considered because there should be public comments. Council Member Hill suggested the items be added to the Consent Agenda. Council Member Gilliams was opposed to moving these items to the Consent Agenda. There was a unanimous voice vote to approve the bulleted changes suggested by Mayor Dodd. 7. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timety announcements by Councit 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 and Annual City Audit by City Auditor, Rehmann Robson (Transmittal, Audit available at http://www.cityofsebastian.org/city-financials) 8. PUBLIC INPUT Mayor Dodd recessed the City Council meeting at 6:23 p.m. and convened the Board of Adjustment Meeting. MOTION by Mr. Hill and SECOND by Ms. Parris to postpone items a and b; and defer to the City Attorney for direction on when they can call item b. The City Attorney advised that the motion should be to postpone item 9b and continue item to the April 22 meeting subject to any further restrictions from Governor DeSantis' office; then the item can be further postponed to a date to be determined. Mr. Gilliams asked the reason for postponing the hearing. Chairman Dodd stated they could not have an uninhibited public comment under the rules they were operating on. The City Attorney advised that all land use and quasi-judicial matters should be postponed. Chairman Dodd said he did speak to Mr. Scozzari earlier in the day and he understood the need to postpone the hearing. Mr. Hill asked to cease any code enforcement action on the property until the hearing be part of the motion. The City Manager said he was not aware of any code enforcement issues with the property. Mr. Gilliams said he thought the whole meeting should be postponed. Chairman Dodd said if there was no meeting tonight and no action was taken on the hearing, the City would have to go through the entire notification process again. 86 of 359 Regular City Council, Board of Adjustment, & CRA Meeting March 18, 2020 Page Four Chairman Dodd said he was comfortable going forward since the meeting is on the television and Facebook. Ms. Parris said she thought it was important to let the public know they were having the meeting and concerned about the situation. Vice Chairman Mauti said he was uncomfortable moving forward with any of this right now. Roll call: Vice Chairman Mauti -nay Mr. Gilliams -nay Mr. Hill -aye Ms. Parris -nay Chairman Dodd Chairman Dodd announced the motion failed to postpone the hearing. He closed the meeting at 8:29 p.m. and stated the entire agenda would be moved to the next meeting. 9. Recess Citv Council Meeting and Convene as Board of Adiustment A. Approve January 8, 2020 BOA Minutes 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 1N SIZE TO BE OF THE SAME COLOR AND MATERIALS OF THE HOUSE, WHICH IS GRAY STUCCO. (PJ Ad 314!2020) (Transmittal, Report, Ex A -F, Application, Notice) 10. Recess Board of Adiustment and Convene as Communitv Redevelopment Aqencv A. Approve February 26, 2020 CRA Minutes B. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 - Accept and Forward to City Council (Transmittal, Report) 11. Adiourn Communitv Redevelopment Aqencv Meeting and Reconvene as Citv Council 12. CONSENT AGENDA A. Approval of Minutes — February 12, 2020 Workshop & Regular City Council Meeting B. Approval of Minutes - February 26, 2020 Regular City Council Meeting 4 87 of 359 Regular City Council, Board of Adjustment, & CRA Meeting March 18, 2020 Page Five 20.045 C. Fiscal Year 2019 CRA Annual Report in Accordance with F.S.163.371 -Acceptance by City Council (Transmittal, See Pages 45-61 for Report) 20.046 D. Resolution No. R-20-03 Abandonment of Rear Easements — Sebastian Highlands 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 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) i. Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member— Position to Expire 5/31/2021 20.049 B. Natural Resources Board (Transmittal, Application, Ad, Lisp 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) 14. PUBLIC HEARINGS - None 15. UNFINISHED BUSINESS 20.038 A. Approve Concrete Services under the Concrete Construction Service Agreements with Tim Rose Contracting, Inc. for the New Pavement Culvert Replacement/Swale Regrading Capital Project -- Not to Exceed $40,000 (Transmittal, Minutes Excerpt, Price Sheet) 16. NEW BUSINESS 20.050 A. Resolution No. R-20-04 - Accepting the 1St Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY19120 Annual Budget (Transmittal, R-20-04, Report) 88 of 34 Regular City Council, Board of Adjustment, & CRA Meeting March 18, 2020 Page Six 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 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, 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. 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 Gilliams E. Mayor Dodd 21. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half houf by a majority vote of City Council) 6 89 of 359 LM Lf SESA-ST HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: April 22, 2020 Ap-enda 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 A-2enda Item Reauires Expenditure of Funds: NIA Administrative Services Department/CFO review: � fie., l a Attachments: 1. R-20-03 2. Site Map 3. Staff Report 4. Utility Approvals 5. Application City Manager Authorizatio Date: 90 of 359 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. 91 of 359 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 92 of 359 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). 94 of 359 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 95 of 359 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 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. 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 96 of 359 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 97 of 359 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 98 of 359 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 ui' Sebastiiiit is considering a request Its abandon ii portion of the easenlem described below. Please review this request in regards to your public utility services and provide your l oninlents. Description of Easement to be abandoned: The (side yilyd) ulility ei:semcilts Ideated im the easternmost five (5) feet cif' Lot I and the ivesternmosl Five (5) feet of I_ol 2, Block 121. Sebastian IIiulikinds Unit 4. less the northerilillost 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 99 of 359 (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 100 of 359 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: 101 of 359 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 ,L'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 PRP DUCED1 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 I U/- UI A59 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 103 of 359 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. 104 of 359 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 105 of 359 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: 106 of 359 httvs://ori.indian-rivcr.orp,///Document/GetDocumentForPrintPNG/?requesrAQAAANC... 2/12/2020 lm IN SEBASTIAN HOME Of PELICAN ISLAM) CITY COUNCIL AGENDA TRANSMITTAL Council Meetinu Date: April 22, 2020 Agenda Item Title: Resolution R-20-05 - A Resolution of the City Council of the City of Sebastian, Indian River County, Florida, adopting the revised Indian River County Unified Local Mitigation Strategy of 2020_ Recommendation: Approve Resolution R-20-05 of the City Council of the City of Sebastian, Indian River County, Florida, adopting the revised Indian River County Unified Local Mitigation Strategy of 2020. Background: The Federal Emergency Management Agency ("FEMA") requires that all hazard mitigation plans must be reviewed and updated as appropriate, and resubmitted to FEMA for approval within five (5) years. Additionally, the Florida Division of Emergency Management has found the revised Indian River County Unified Local Mitigation Strategy of 2020 to be compliant with the federal mitigation planning standards, subject to formal community adoption. Also, the Board of County Commissioners of Indian River County, Florida adopted the revised Indian River County Unified Local Mitigation Strategy of 2020. The City of Sebastian of desires to adopt the revised Indian River County Unified Local Mitigation Strategy of 2020, which is deemed in the best interests of the public health, safety and welfare of the citizens of the City of Sebastian. 7City M ger Authorization: ate: 20 March, 2020 107 of 359 RESOLUTION R_ 2 0- 0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY OF 2020; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; S C R I V E N E R'S E R R O R S; AND AN EFFECTIVE DATE. WHEREAS, the Federal Emergency Management Agency ("FEMA") requires that all hazard mitigation plans must be reviewed and updated as appropriate, and resubmitted to FEMA for approval within five (5) years; and WHEREAS, the Florida Division of Emergency Management has found the revised Indian River County Unified Local Mitigation Strategy of 2020 to be compliant with the federal mitigation planning standards, subject to formal community adoption; and WHEREAS, on March 3, 2020, the Board of County Commissioners of Indian River County, Florida adopted the revised Indian River County Unified Local Mitigation Strategy of 2020; and WHEREAS, the City of Sebastian desires to adopt the revised Indian River County Unified Local Mitigation Strategy of 2020, which is deemed in the best interests of the public health, safety and welfare of the citizens of the City of Sebastian. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. SECTION 2. ADOPTION OF THE REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY OF 2020. The C ity Council of the C i t y o f Sebastian, hereby approves and adopts the revised Indian River County Unified Local Mitigation Strategy of 2020 as the official document for inclusion in the statewide Hazard Mitigation Strategy. SECTION 3. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. SECTION 4. SEVERABILITY. If any section, clause, phrase, word, or provision of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 5. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. 108 of 359 City of Sebastian The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: For Against 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 22d day of April, 2020. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA UA Mayor Ed Dodd Approved as to Form and Content for Reliance by the City of Sebastian Only: Manny Ah6n, Jr. City Attorney 109 of 359 an a SEBAST_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: 22 April 2020 Agenda Item Title: FFY 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Recommendation: Move to approve the application process for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) - Countywide State Solicitation in the amount of $11,458.00., approve the Mayor to sign 51% letter to provide to the County Commission for submission and approve the purchase after grant approved. Background: On March 6, 2020 we received notice of grant funds available to Indian River County as part of the Florida Department of Law Enforcement (FDLE) United States Department of Justice (USDOJ) for FY 2019 JAG funds. FDLE has allocated $57,294.00 to Indian River County, in accordance with the Florida JAG Direct distribution provision of Chapter 11 D-9, Florida Administrative Code. Application must be submitted prior to the June 1, 2020 deadline. The grant funds can only be utilized for specific programs to include law enforcement. The police department plans to purchase equipment with the funds and will complete the grant by the June 1, 2020 deadline. If Aqenda Item Requires Expenditure of Funds: Total Cost: $11,458.00 will be covered under the grant. Amount Budgeted in Current FY: $0 If Cost Requires Appropriation: $0. Amount of Appropriation Required: $0. Fund to Be Utilized for Appropriation: Police Department Bu�� Administrative Services Department/CFO Review: Attachments: City Manager Authorization Date: do 1. Grant notice email 2. Grant Information 3. 51 % letter 110 of 359 Michelle Morris From: Criminal Justice <criminajustice@fdle.state.fl.us> Sent: Friday, March 6, 2020 5:14 PM To: Criminal Justice subject: Now Available: FY19 JAGC Solicitation Attachments: FY 2019 JAGC Subgrant Solicitation.pdf; FY19 COP Certificate-Of-Participation.pdf Importance: High CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Afternoon Byrne JAG Partners: We are pleased to announce the JAG -Countywide (JAGC) local solicitation is now available. The solicitation describes the application process and includes an appendix with the allocations for each county. FDLE's Office of Criminal Justice Grants (OCJG) has also posted information to our K-io),jic_: with instructions and additional program guidance. Each Board of County Commissioners (BOCC) must complete the Certificate of Participation to designate a County Coordinator. A county coordinator is appointed to: coordinate the 51% process; • ensure all 51% letters are submitted to OCJG prior to application; a distribute the SIMON announcement code and instructions to applicants approved by the 51% process; • ensure each applicant meets program eligibility requirements; and • oversee application submissions within the jurisdiction to ensure deadlines and program requirements are met. The Certificate of Participation must be completed and submitted to criminaliustice@fdlestate.fl.us by April 6, 2020. Once the certification is received, FDLE will forward additional information to the County Coordinator. FDLE cannot approve any JAGC subgrant applications until the county's 51% process has been completed and OCJG has received all properly signed letters. JAGC subrecipients and implementing agencies are encouraged to contact their County Coordinators with any questions regarding this process. If a local government is unable to meet the submission deadline, County Coordinators may send requests for a deadline extension to criminaliustice@fdle.state.fi.us. Thank you again and we look forward to working with you on this program. Sincerely, Office of Criminal Justice Grants Florida Department of Law Enforcement (850)617-1250 Visit our website at: http://www.fdle.state.fl,us/Grants/Home.aspx 111 of 359 Michelle Morris From: Criminal Justice<criminaljustice@fdie.state.fl.us> Sent: Wednesday, April 1, 2020 9:11 AM Subject: FY2019 JAGC Application Deadline Extension Importance: High CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. ******* IMPORTANT NOTICE ******** ***DEADLINE EXTENSION*** The deadline for submitting your application for the FY2019 JAGC award has been extended io June 1; . Due to the current COVID-19 outbreak, we realize that some of you may have difficulty meeting application deadlines. We will continually evaluate the situation and make further adjustments as necessary. Please communicate with your grant manager (850-617-1250) if you will need additional time considerations. Any future extensions will be posted at the below link. http://www.fdle.state.1l.us/(irants/Fundint,,,., Qn-Solicitations.aspx Thank you, Office of Criminal Justice Grants Florida Department of Law Enforcement (850) 617-1250 Visit our website at: htta://www.fdle.state.fl.us/Grants/Home.asi) 112of 359 ` Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 ( 850) 617-1250 criminaliusticeCO)fdle.state.fl.us Federal Fiscal Year 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program JAG -Countywide (JAGC) Solicitation The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants (OCJG) is seeking applications for the state's Edward Byrne Memorial Justice Assistance Grant Countywide (JAGC) Program. This program focuses on helping state and local agencies improve the criminal justice system. Eligibility Eligible applicants are limited to units of local government. A unit of local government is defined as a city, county, town, township, borough, parish, village, or other general-purpose political subdivision of the state, including Native American Tribes who perform law enforcement functions as determined by the Secretary of the Interior. The allocations by county for Florida's FY 2019 JAGC program can be found in Appendix C. Contact Information The Office of Criminal Justice Grants (OCJG) main line is (850) 817-1250. For questions regarding this solicitation, ask to speak with the JAG Unit Supervisor, Cody Menacof or the qrant manager for vour jurisdiction. For technical assistance with the Subgrant Information Management Online (SIMON) system or for issues creating and submitting an application in SIMON, ask for the SIMON Help Desk. JAG Funding Assistance—Florida FY19 Program Information (revised 0312020) Page 1 of 17 113 of 359 Table of Contents ProgramDescription..................................................................................................................................3 Local Planning and Approval Process.................................................................................................... 3 ProgramStrategy and Purposes..............................................................................................................3 PriorityAreas for Funding.........................................................................................................................4 EligibilityRequirements.............................................................................................................................6 Match............................................................................................................................................................ 7 AdministrativeCosts.... ... ........ ................................. ............................................................................... 7 Prohibited Uses & Expenditures..............................................................................................................7 Costs Requiring Pre-Approval..................................................................................................................8 JAG Program and Additional Requirements..........................................................................................9 State and Federal Transparency...........................................................................................................12 Length of Award and Distribution of Funds..........................................................................................12 ApplicationDeadline................................................................................................................................12 Howto Apply.............................................................................................................................................13 Application Requirements.......................................................................................................................13 StandardConditions................................................................................................................................14 AppendixA................................................................................................................................................ 15 AppendixB................................................................................................................................................16 AppendixC................................................................................................................................................17 JAG Funding Assistance — Florida Page 2 of 17 FY19 Program Information (revised 0312020) 114 of 359 Program Description The State of Florida, Department of Law Enforcement (FDLE) has received an award from the United States Department of Justice (USDOJ) in the amount of $10,551,399 for the Edward Byrne Memorial Justice Assistance Grant (JAG). FDLE will distribute JAG -Countywide (JAGC) local share funds in accordance with the JAGC distribution provisions of Chapter 11D-9, Florida Administrative Code. This Notice of Funding Opportunity seeks subrecipient applications for activities as they relate to criminal justice. Please note this program solicitation contains information provided by the USDOJ regarding specific areas of national focus and the priorities to help maximize the effectiveness of Byrne/JAG funding. Applicants are strongly encouraged to consider these federal priorities when developing their applications. Local Planning and Approval Process For JAG—Countywide each county is allocated a portion of the state's federal award for use by local units of governments within the jurisdiction. FDLE determines each county's allocation through a funding algorithms based on population and crime statistics. The county is then required to complete a local planning process to determine how the allocation will be distributed and used. Chapter 11D-9, Florida Administrative Code, requires the unit of government in each county to reach consensus concerning the expenditure of JAG funds allocated to the jurisdiction. Consensus includes agreeing upon the projects to be implemented and the agency or agencies responsible for implementation through the 51% process. Each county must document the consensus by submitting letters from at least 51% of the units of government in the county, representing a minimum of 51% of the county's population. Coordination is vital to meeting this program requirement, and FDLE requests that the county board of commissioners serve as the coordinating unit for all local governments within the county. The Chairman of the Board of County Commissioners is requested to return a Certificate of Participation indicating the county's willingness to serve, and designating a primary point of contact (e.g. County Coordinator) for coordination efforts. In the event the county declines to serve in this capacity, FDLE will request the governing body of each municipality within the county, in descending order of population, serve as the coordinating unit of government. The JAG program requires applications and amendments to applications, be submitted for governing body review, or to an organization designated by the governing body. The program also stipulates they are made available to citizens and neighborhood or community-based organizations for public comment. The local planning process used by each county (e.g. 51% process) should assure and document compliance with these requirements. Program Strategy and Purposes JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice in any one or more of the following purpose areas: 1. Law enforcement programs; 2. Prosecution and court programs; 3. Prevention and education programs; 4. Corrections and community corrections programs; 5. Drug treatment and enforcement programs; 6. Planning, evaluation, and technology improvement programs; T Crime victim and witness programs; and 8. Mental health programs and related law enforcement and corrections programs, including JAG Funding Assistance — Florida FY19 Program Information (revised 0312020) Page 3 of 17 115 of 359 behavioral programs and crisis intervention teams. Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Priority Areas for Funding Federal Priorities BJA issues funding priorities in conjunction with JAG program guidance to ensure recipients and subrecipients are aware of areas of national focus and priority, and maximize the effective use of JAG funds. As a result, Florida passes -through these priority areas to subgrantees in the JAG -Countywide solicitation. The JAG funding priorities for FY19 awards and subawards are as follows: Evidence -Based Programs or Practices The Office of Justice Programs (OJP) places a strong emphasis on the use of data and evidence in policy making and program development in criminal justice. Programs and practices are considered to be evidenced -based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence will influence the degree to which OJP considers a program or practice to be evidence -based. The following are resources available to JAG applicants on evidence based programs: • OJP's CrimeSolutions.ciov website offers applicants information about evidence -based programs in criminal justice, juvenile justice, and crime victim services. • The Center for Evidence -Based Crime Poiicv at George Mason University provides information about evidence -based policing programs. • The National Reentry Resource Center's What Works in Reentry Clearinghouse provides a summary of research -based reentry strategies. • The Bureau of Justice Assistance's (BJA) Innovation Suite identifies a number of program models to implement evidence -based strategies in policing, supervision, pre-trial, defense, prosecution, reentry and other fields. Reducina Violent Crime Recognizing that crime problems, including felonious possession and use of a firearm and/or gang violence, illegal drug sales and distribution, human trafficking, and other related violent crime, vary from community to community, BJA encourages units of government to tailor their programs to the local crime issues, and to be data -informed in their work. Subrecipients should consider investing JAG funds in programs to combat firearms violence, and to improve the process for ensuring that persons prohibited from purchasing firearms (see, e.g., 18 U.S.C. § 922(g)) are prevented from doing so, by utilizing technology such as eTrace and NIBIN to analyze evidence, as well as by enhancing complete, accurate, and timely reporting to the FBI's NICS. Units of government are also encouraged to coordinate with the United States Attorneys and Project Safe Neighborhood (PSN) grantees in order to leverage funding for violence reduction projects, and to coordinate their law enforcement activities with those of federal law enforcement agencies such as the FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Department of Homeland Security. Officer Safetv and Wellness BJA recognizes the need to focus on officer performance and safety. This focus includes both tactical safety concerns and health and wellness initiatives, as both affect officer performance and safety. JAG funds may be used to address these needs by paying tuition and travel expenses to attend training sessions, such as the VALOR Initiative, and by funding health and wellness programs for law enforcement officers. JAG Funding Assistance — Florida Page 4 of 17 FY19 Program Information (revised 03/2020) 116 of 359 Border Securitv JAG funds may be used to reduce and prevent transnational drug-trafficking networks and combat human trafficking networks within the United States. State and local agencies are encouraged to use JAG funds to support law enforcement hiring, training, and technology enhancement in the area of border security. Respondinq to the Opioid Crisis BJA strongly encourages state and local law enforcement to use JAG funds to support law enforcement actions to fight the opioid epidemic such as addressing the supply of both diverted prescription drugs and illegal drugs, and supporting first responders when encountering overdoses. JAG funds can also be used for training and safety measures to prepare for potential encounters with synthetic opioids such as fentanyl. This may include covering the cost of providing naloxone to all officers and the cost of fentanyl detection testing. State-wide Funding Priorities In order to comply with the new statewide strategic planning requirements outlined in Section 502 of the Omnibus Crime Control and Safe Streets Act, FDLE reviewed existing strategic plans from Florida's state criminal justice agencies, and conducted a survey to gauge statewide priorities. Responses for this survey were solicited from all sectors of the criminal justice system and identified key priorities within each program area for fiscal year 2019 funding. Law Enforcement • Equipment • Training • Traffic Enforcement • Community Policing & Engagement Prevention and Education • Anti-drug Programs • School Violence Prevention • Domestic Violence Prevention • Pharmaceutical & Substance Abuse Druq Treatment and Enforcement • Surveillance Equipment • Drug Enforcement — Single Jurisdiction • Multi -Jurisdictional Task Forces & Pharmaceutical Partnerships First responders, Crisis Response, Stabilization, Antagonists/Detox Crime Victim & Witness Behavioral Health Services • Advocacy Services • Counseling & Clinical Services • Children Exposed to Violence, Abuse, & Neglect Prosecution & Courts • Pre-trial Diversion • Recidivism • Training • Property & White Collar Crime Corrections and Communitv Corrections • Behavioral Health Services • Workforce • Recidivism • Diversion Plannina. Evaluation & Technolociv • Technology Upgrades • Crime Statistics Reporting • Investigative & Surveillance Technology • Grant Management Mental Health • Crisis Intervention Team Training & Support • Evaluation/Assessments • Suicide Risk Assessment, Response & Protocols • Outpatient/Community Based Behavioral Health Programs Subrecipients are strongly encouraged to fund projects addressing at least one of the priorities outlined above. If the subrecipient wishes to fund a project that does not address one of the identified funding priorities, a written justification will need to be submitted to OCJG along with the application. For more information on FDLE's Byrne/JAG strategic planning process and funding priorities, please visit htto://www.fdle.state.fl. us/Grants/Documents/Fundinq-Opportunities/JAGC/FY2019-JAGC.asr)x. JAG Funding Assistance — Florida Page 5 of 17 FY19 Program Information (revised 0312020) 117 of 359 Eligibility Requirements Applicants for JAG subawards must comply with all terms and conditions of the federal award and subaward, including those incorporated by reference. This section identifies specific program requirements that must be met as a condition of eligibility to receive federal funds under this program. Each applicant must be able to document compliance with the following requirements: 8 U.S.0 X1373 Communication Between Governments and the Immigration and Naturalization Service 8 U.S.0 X1644 Communication Between State and Local Government Agencies and Immigration and Naturalization Service 2 C.F.R.§.200.318-326 Federal Procurement Standards 2 C.F.R Part 200.300-309 Standards for Financial and Program Management 2 C.F.R. Part 25 Universal Identifier and System for Award Management (SAM) Requirements 28 C.F.R. Part 42 Nondiscrimination; Equal Employment Opportunity; Policies and Procedures SAM Reqistration To apply for JAG funds in SIMON, an organization and its users must be registered in SIMON and have a Data Universal Numbering System (DUNS) number. The organization must also be registered with the U.S. Federal Government's System for Award Management (SAM) (2 C.F.R. Part 25). A DUNS number may be obtained by calling (866) 705-5711 or by visiting the Dun & Bradstreet website at: httos:I/iuc)date.dnb.com/iUr)date/viewiUDdateHome.htm. A DUNS number is usually received within one to two business days. To create or update your annual SAM registration, go to SAM.gov. The process can take up to 10 business days. Compliance with Applicable Federal Laws At the time of application, potential subrecipients are required to certify compliance with all applicable federal laws. All applicants should understand that if the DOJ Office of Justice Programs receives information indicating an applicant may be in violation of any applicable federal law, the applicant may be referred to the DOJ Office of inspector General (OIG) for investigation. If the applicant is found to be in violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties, in addition to relevant OJP programmatic penalties, including suspension or termination of funds, inclusion on the high risk list, repayment of expended funds, and/or suspension and debarment. Civil Rights Requirements Federal laws prohibit subrecipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination requirements, which are summarized below: • Title VI of the Civil Rights Act of 1964: Applicants must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E that relate to an equal employment opportunity program. Applicants are advised to use the Office for Civil Rights EEO Reporting Tool at(httDs:Iloio.aov/aboutiocr/eeoc).htm). • Equal Employment Opportunity Certification (EEOC): Applicants must submit an EEO Certification annually within 120 days of the subaward. Failure to submit the required EEO Certification will result in the withholding of grant funds. • Limited English Proficiency (LEP): In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. Part 20004, applicants in receipt of federal financial assistance must take reasonable steps to provide meaningful access to their programs and JAG Funding Assistance — Florida Page 6 of 17 FY19 Program Information (revised 03/2020) 118 of 359 activities for persons with LEP. FDLE strongly advises applicants to have a written LEP Language Access Plan. For more information visit httos:/1www.lela.gov1. Equal Treatment for Faith Based Organizations: Applicants, must comply with all applicable requirements of 28 C.F.R. Part 38, "Equal Treatment for Faith Based Organizations", specifically including the provision for written notice to current or prospective program beneficiaries. • Americans with Disabilities Act: Applicants must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination on the basis of disability including provision to provide reasonable accommodations. Filing a Complaint - If the applicant or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the applicant, with FDLE, or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at infc(�fdle.State.fl.us. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307- 0690. Intergovernmental Review: The FY19 JAG program is subject to Executive Order 12372. As a result, FDLE may provide information regarding subrecipient applications to the state single point of contact to satisfy this requirement. Match Match is not required for the JAG program. However, if a subrecipient identifies match on an application that is approved for award, the match portion will be required. Administrative Costs Administrative costs/fees are not eligible on JAG subawards. Prohibited Uses & Expenditures JAG funds may not be used to supplant state or local funds. Funds must only be used to increase the amount of funds that would, in the absence of federal funds, be made available for the given activities. (See the JAG FAQs for examples of supplanting). Trinkets such as hats, mugs, portfolios, t -shirts, coins, gift bags, etc., may not be purchased as giveaways with grant funds. Additionally, there are other prohibited expenditures defined in JAG Program statute as set out in 34 U.S.C. § 10152, regulations or executive order. If an agency wishes to use JAG funds for a prohibited item, the agency must request a waiver to obtain BJA certification prior to purchasing the item. For examples of allowable vehicles that do not require BJA certification, refer to the JAG FAQs. JAG Funding Assistance — Florida Page 7 of 17 FY19 Program Information (revised 0312020) 119 of 359 Costs Requiring Pre -Approval The following cost elements require prior approval from FDLE and/or BJA: Methamphetamine Mitigation Plans Any program that funds any portion of methamphetamine laboratory operations or clean-up must complete a Meth Mitigation Plan that includes the nine protective measures or components required by BJA. If an agency's application requests funding related to meth lab mitigation, review the BJA website related to NEPA compliance (including information regarding meth labs) and contact FDLE's Office of Criminal Justice Grants for further assistance. Publications and Other Media All media created, published, and/or altered using federal grant funds must be reviewed and approved by FDLE and/or BJA prior to release or distribution. This includes any curricula, training materials, brochures, or other written materials that will be published, including web -based materials and web site content, as well as all audio or video materials, including Public Service Announcements. Grantees must submit a draft of each proposed item to OCJG no later than thirty (30) days prior to the targeted dissemination date. For items containing videos, a transcript may be provided with screenshots or a description of the visual portion. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. 2099 -MU -BX -0036 awarded by the Bureau of Justice Assistance, Office of Justice programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice or grant -making component. " This requirement does not apply to the purchase or reproduction of existing materials or items created by other agencies or vendors, for example, crime prevention brochures, unless the subrecipient alters the item in any way. Neither does this requirement apply to items serving only to advertise an event or the availability of services. Please contact FDLE's grant's office with questions or to clarify the applicability of pre -approval requirements. NEPA Any improvement, building or construction project will require pre -approval to ensure compliance with the National Environmental Policy Act (NEPA). This may include relatively minor activities such as installing fence posts, security or surveillance cameras, or anchoring any item to the ground. If the grant will fund any activities that may fall under this requirement, review the subaward standard condition related to NEPA and the section of the BJA web site related to NEPA compliance and contact FDLE's grant's office for assistance. Sole Source If a subrecipient requests to procure goods or services by sole source to a single vendor, a sole source justification must be submitted to I=DLE for approval prior to the obligation of grant funds. For a sole source procurement over the federal Standard Acquisition Threshold (SAT) of $250,000, written pre - approval must be obtained from both FDLE and DOJ. Subrecipients should submit the completed "Sole Source Justification" form with the application or as soon as the procurement method is known. Sole source approval applies to the amount of the total procurement, regardless of the amount of federal investment in the purchase. Before submitting a request for a sole source procurement, applicants should carefully review the conditions governing this type of procurement (see 2 C.F.R. � 200.320(f}). ConferenceiMeetina[Trainina Costs OJP policy and guidance encourages minimization of conference, meeting, and training costs; sets cost limits, which include a general prohibition of all food and beverage costs; and requires prior written approval of most conference, meeting, and training expenditures. Subawards requesting to use grant JAG Funding Assistance — Florida Page 8 of 17 FY19 Program Information (revised 0312020) 120 of 359 funds for meetings, trainings, or conferences may be required to complete and submit an OJP event submission form upon request from FDLE and/or OJP. JAG Program and Additional Requirements For FY19, subrecipients will be required to complete the following documents at the time of application; failure to do so may result in the withholding of funds until items are received. Subaward Management Capabilities and Compliance Questionnaire All applicants are required to complete the Subaward Management Questionnaire, and submit to OCJG with their application. FDLE will use this form to validate a subrecipient's eligibility to apply, receive, and maintain a federal JAG subaward. Additionally, this validation will allow FDLE to expedite the monitoring process and ensure all subrecipients are in compliance with program requirements. Lobbvinq. Debarment and Drua Free Workplace Certification Subrecipients are not permitted to use federal funds, directly or indirectly, in support of any lobbying activity. A subrecipient receiving or requesting an award exceeding $100,000 must certify compliance with this requirement. Additionally, a person/agency that is debarred, suspended, declared ineligible or is voluntarily excluded is prohibited from receiving federal funds under this grant program. All subrecipients must certify the subgrantee organization, and any vendor or lower tiered subrecipient, is eligible to receive these funds. In compliance with the Drug -Free Workplace Act of 1988, state agencies applying for federal grant funding under this program must certify compliance with establishing and maintaining a drug-free work environment. Failure to submit the "Lobbying, Debarment and Drug Free Workplace Certification" to FDLE with the application may result in a withholding of funds condition on the subaward until the requirement is satisfied. Contractual Services Subrecipient vs. Contractor Determination Subrecipients utilizing funds in the Contractual Services budget category must adhere to the subcontracting requirements below. All subrecipients should review the "OJP Subaward vs. Procurement Toolkit" for information regarding the two types of subcontracting. 1. Any applicant using grant funds in the Contractual Services budget category must complete and submit a subrecipient or contractor determination checklist for each contracted services item to FDLE with the application. 2. The application must contain detailed information regarding the type of subcontracting (subrecipient or contractor) and the method of procurement for the subcontract. 3. An applicant proposing to enter into a subrecipient contracting relationship must request approval to subaward in the grant application and be able to adhere to and document compliance with requirements and provisions for pass-through entities in 2 C.F.R. X200.331. 4. Applicants entering into a contractor relationship must adhere to the local unit of government's written procurement policies and procedures to the extent they are consistent with or more stringent than the procurement standards outlined in 2 C.F.R. � 200.318-326. Bodv Armor Body armor purchased with JAG funds may be purchased at any threat level, make or model from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice (NIJ) ballistic or stab standards and the body armor purchased must be made in the United States. The latest NIJ standards information can be found at: httos:/Iwww.nii.00v/topics/tech noloa v/body-armor/Pages/standard s.aspx. JAG Funding Assistance — Florida Page 9 of 17 FY19 Program Information (revised 0312020) 121 of 359 Body armor or armor vests purchased with FY 2019 JAG funds must also be "uniquely fitted vests" (see 34 U.S.C. § 10202(c)(1)(A)) requiring that grantees using JAG funds to purchase armor vests or body armor comply with requirements established for Bulletproof Vest Program (BVP) grants. For these purposes, "uniquely fitted vests" means protective (ballistic or stab-resistant) armor vests that conform to the individual wearer to provide the best possible fit and coverage, through a combination of: (1) correctly sized panels and carrier, determined through appropriate measurement, and (2) properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. The requirement that body armor be "uniquely fitted" does not require body armor that is individually manufactured based on the measurements of an individual wearer. In support of OJP's efforts to improve officer safety, the American Society for Testing and Materials (ASTM) International has made available the Standard Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003) available at no cost. Prior to the use of JAG funds for the purchase of body armor, the agency must certify a written mandatory wear policy is in effect, and applicable to all uniformed officers. Guidance and FAQs for the mandatory wear policy and certification can be found at: https://www.bia.clov/Fundinci/JAGFAQ.r)df. Bodv Worn Camera (BWC) Purchases JAG funds may be used to purchase equipment or to implement and/or enhance BWC programs. Subrecipients using JAG funds for BWC programs must certify the law enforcement agency receiving funds has policies and procedures in place relating to equipment use, data storage, privacy, victims, access, disclosure and training. Any subrecipient Intending to use grant funds for BWC-related expenses that does not have policies and procedures in place will have funds withheld until a certification is submitted by OCJG and DOJ Bureau of Justice Assistance. Information regarding BWC policies, resources and best practices can be found at: httr)s://www.big.qov/bwc. gov/bwc. Law Enforcement Aaencv Training Information Any law enforcement agency receiving funds under a JAG subaward must submit performance accountability metrics data for the 2019 calendar year related to training on: use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. These metrics will be collected via questionnaire from FDLE's grants office and reported to BJA's Performance Management Tool (PMT). DNA Testing of Evidentiary Materials and Ur)load of DNA Profiles to a Database If JAG funds will be used for DNA testing of evidentiary materials, any resulting eligible profiles must be uploaded to the Combined DNA Index System (CODIS) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior written approval from FDLE's grants office and BJA. Interoperable Communications Subrecipients utilizing FY19 JAG funds to support emergency communications activities should review the most recent SAFECOM Guidance. This includes the purchase of interoperable communications equipment and technology such as vo ice-ove r-i n tern et- protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) waiver order. Additionally, to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, Subrecipients are required to comply with DOJs Global Justice Information Sharino Initiative guidelines and recommendations. All Subrecipients shall document planned approaches to information sharing and describe their compliance, or provide detailed justification for why an alternative approach is recommended. Information reaardina Communication with the Department of Homeland Securitv (DHS) and/or Immigration and Customs Enforcement (ICE) Each applicant must respond to the following questions within their application: JAG Funding Assistance — Florida Page 10 of 17 FY19 Program information (revised 03/2020) 122 of 359 1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with QHS or ICE? 2) Is your jurisdiction subject to any laws from a superior political entity (e.g. a state law that binds a city) that meet the description in question 1 ? 3) If yes to either: • Please provide a copy of each law or policy. • Please describe each practice. • Please explain how the law, policy, or practice complies with section 1373. Note: Responses to these questions must be provided by the applicant as part of the JAG application. Further, the requirement to provide this information applies to all tiers of JAG funding and for all subawards made to state or local government entities, including public institutions of higher education. All subrecipient responses must be submitted to FDLE. Responses to these questions are not required from subrecipients that are a tribal governmentlorganization, a nonprofit organization, or a private institution of higher education. NEW Reauiremenfs for Fiscal Year 2099 The following new requirements may require specific action on the subrecipient's part: Death in Custody Reporting Beginning in FY 2019, OCJG will begin collecting data regarding in -custody deaths, in accordance with the Death in Custody Reporting Act (DCRA), which requires states and federal law enforcement agencies to report certain information to the Attorney General regarding the death of any person during interactions with law enforcement officers or while in custody. For the purposes of this requirement, a reportable death is any death -including deaths attributed to suicide, accident, or natural causes- that occurred during interactions with law enforcement personnel or while the decedent was in custody, under supervision or under the jurisdiction of a state or local law enforcement or correctional agency, such as a jail or prison. OCJG will collect this information as a requirement of the state's Edward Byrne Memorial Justice Assistance Grant (JAG) award, and will report this data quarterly to the Bureau of Justice Assistance (BJA) via the BJA Performance Management Tool (PMT). Each quarter, state and local law enforcement or correctional agencies will need to identify all reportable deaths that occurred in their jurisdictions during the reporting period and provide the following information about the circumstances of the death: • The decedent's first, middle, and last name, gender, race, ethnicity, and year of birth • The date, time, and location of the death • Type of facility in which the death occurred • Date of facility admission/arrest • The law enforcement or correctional agency involved • Manner of death • Brief description of circumstances of death We recognize that all of the requested information may not be available at the time of reporting. Please provide as much information as possible for each reported death. The form to report this information can be found on the department's website and must be submitted no later than 15 days after the end of the reporting period to criminJusticea.fdle.state.fl.us. Employment Eligibility Verification Subrecipients must ensure that as part of the hiring process for any position that is or will be funded (in whole or in part) with award funds, the employment eligibility of the individual being hired is properly verified in accordance with the provisions of 8 U.S.C. 1324a(a)(1) and (2). The subrecipient may choose to participate in, and use E -Verify (www.e-verify.gov), provided an appropriate person authorized to act JAG Funding Assistance — Florida Page 11 of 17 FY19 Program Information (revised 0312020) 123 of 359 on behalf of the subrecipient entity uses E -Verify to confirm employment eligibility for each position funded through this award. Determination of Suitability to Interact with Minors Any subrecipient indicating that a purpose of some or all of the activities to be carried out under the subaward is to benefit a set of individuals under 18 years of age, must make determinations of suitability before certain individuals may interact with participating minors. The requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP website at httDs://oio.00v/fundinQ/Exolore/lnteract- Minors.htm. State and Federal Transparency Subaward agreements and information supplied to FDLE for grant management and payment purposes will be used to report to the following mandatory state and federal transparency systems. Florida Accountabilitv and Contract Trackina Svstem (FACTS) This grant agreement, all corresponding information and a copy of the grant document, is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida. Exemotion from FACTS The SIMON grant management system allows for partial or complete contract exemption from FACTS for those agreements containing information exempt from public records. Please be aware, in the event that your agency's submission contains confidential and/or exempt information prohibited from public dissemination under Florida's Public Records Law, Chapter 119, Florida Statutes, the subrecipient agency bears the responsibility for applying proper redactions. Otherwise, any and all records submitted may be released without redactions. Federal Fundinq Accountabilitv and Transoarencv Act (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006, with the intent to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is USASoerndina.00v. FDLE is required to report subaward data to FFATA as well. Length of Award and Distribution of Funds Lenath of the Award JAG -Countywide awards will be approved for a six (6) to eighteen (18) month project period between October 1, 2019 and September 30, 2021. Distribution of Funds Grant funds are distributed on a cost reimbursement basis, with the ability to advance, for satisfactory performance of eligible activities. Payment requests can be submitted on a monthly or quarterly basis and should include total expenditures for the reporting period. Reimbursements will be processed in conjunction with the receipt and review of programmatic performance reports to determine successful completion of minimum performance deliverables as specified in the agreement. Application Deadline Applications should be submitted via the FDLE Subgrant Information Management Online (SIMON) grant management system by May 15, 2020. JAG Funding Assistance — Florida Page 12 of 17 FY19 Program Information (revised 03/2020) 124 of 359 Please see Appendix A: Application Timeline for other important dates. NOTE: Our application process has changed. Signature pages and mailed copies are NOT required at the time of application submission. The OCJG grant manager will request signature pages after a complete review of the application and prior to approval. How to Apply Failure to follow application instructions may result in the incursion of a special condition at the time of award. Applications must be submitted via FDLE's online grants management system, SIMON, which can be accessed at htto://simon.fdle.state.fl.us. Access codes are required to begin an application in SIMON. The SIMON announcement code for FY19 JAG subawards are provided to each County Coordinator designated and approved by the County to facilitate the application process for each jurisdiction. OCJG updates the contact information for designated county coordinators on the website. Applicants are encouraged to contact their County Coordinators to obtain the necessary information required to apply. For a step-by-step guide on how to complete an application in SIMON, please review the SIMON User Manual. In order to apply in the system, the organization and user(s) must be registered in SIMON. For questions or issues related to organization or user accounts, please contact the SIMON Help Desk at (850) 617- 1250 or crin)inaliustice(a?fdie.state.fl.us. Application Requirements Applications submitted under this solicitation must adhere to federal, state and program specific requirements. For more information related to properly developing and writing an application to meet many of the state and federal contract requirements, please review the OCJG Grant Writinq Guide. Problem Identification This section contains a general summary of the criminal justice activity, problem or issue that will be addressed with grant funds. In addition, the Problem Identification should include data to support the problem description; and what has been done to date to address the specific problem. Proiect Summary 1 Scone of Work The scope of work (SOW) should describe how the problem above will be addressed and how proposed activities relate to the grant program priorities. This section should identify each activity, objective, task, and/or responsibility that will be completed or provided. Additionally, it should identify who will provide/receive services, standards or levels of service to be delivered, anticipated project outcomes or impacts resulting from these activities, and any performance or documentation that will be produced or maintained in support of the project. In addition, the SOW should provide a clear understanding of the project design and implementation plan, a general timeline for completion of project tasks/activities, the capabilities and competencies of the applicant, and the plan for collecting data for performance reporting. Proiect Director Assianment A Project Director must be assigned by selecting the "Assign Role" button on the Subgrantee Contacts menu. The assigned Project Director should be a person who is aware of all facets of the program JAG Funding Assistance -- Florida Page 13 of 17 FY19 Program Information (revised 0312020) 125 of 359 programmatic and financial — or have the ability to easily communicate with individuals responsible for various project activities. The Office of Criminal Justice Grants will use the assigned Project Director as the primary Point -of -Contact for grant related correspondence. Performance FDLE requires subrecipients to report performance either monthly or quarterly through the SIMON system. The objectives and measures will be based on federal JAG program requirements as identified by DOJ. Please note that performance reporting is a federal program requirement; failure to provide performance data by the deadline will result in withholding of funds. Financial 1 Budget The financial/budget section should provide a detailed computation for each cost element for which funding is requested. The budget should list each item with the total cost and show how it was calculated, be mathematically sound, and correspond with the information and figures provided. The budget narrative should thoroughly and clearly describe every category of expense. Proposed budgets should be complete, cost effective, and allowable. Applicants should demonstrate how costs will be maximized for effectiveness in relation to potential alternatives and the goals of the project. If funds are requested for the contracted services budget category, applicants must indicate whether requested costs are for procurement contracts or subawards. Each cost element in the contracted services budget category will be required to have a completed subrecipient/contractor determination checklist submitted in conjunction with the application. Standard Conditions The standard conditions provide detailed compliance requirements for subrecipients upon signed acceptance of the subaward. It is imperative all persons involved with this subaward read the standard conditions. Failure to comply with the provisions outlined in the standard conditions may result in project costs being disallowed. JAG Funding Assistance — Florida Page 14 of 17 FY19 Program Information (revised 0312020) 126 of 359 Appendix A Application Timeline April 24, 2019 Florida received notice of final state JAG appropriation from U.S. Department of Justice. August 22, 2018 FDLE Office of Criminal Justice Grants (OCJG) submitted the State of Florida application for FY19 Byrne JAG funding. October 25, 2019 Florida accepted the state's FY19 federal JAG award. March 6, 2020 OCJG released JAGC subgrant solicitation on the department's website; Notification emails sent to chief officials. April 6, 2020 Deadline for BOCCs to respond to OCJG with Certification of Participation and designation of County Coordinator. Upon receipt of BOCC COP and County Coordinator designation; OCJG Ongoing provides County Coordinator with application information and SIMON announcement code to distribute to all application managers in their respective counties. Deadline for County Coordinators to submit required 51 % letters to OCJG May 15, 2020 advising of applications that will be submitted from agencies within their respective counties. May 15, 2020 Deadline to submit applications in FDLE's electronic grants management system (SIMON). JAG Funding Assistance — Florida FY19 Program Information (revised 0312020) Page 15 of 17 127 of 359 Appendix B Application Checklist What Each County Should Do - Pre -Application ❑ Submit a signed Certificate of Participation designating a County Coordinator ❑ Assure all 51% letters for the county have been completed and submitted to OCJG What Each ApDlicant Should Do — Pre -Application ❑ Acquire a DUNS Number ❑ Acquire or renew registration with SAM.gov ❑ For new users, request SIMON account ❑ For existing users, verify SIMON username/password and contact information ❑ Obtain an EEO Certification via EEO Reporting Tool ❑ Read the FDLE subaward Special Conditions and DOJ Grants Financial Guide Additional Requirements ❑ Complete the Subaward Management Capabilities and Compliance Questionnaire ❑ Complete a Lobbying, Debarment and Drug Free Workplace Certification (for state agencies and local units of government, if applicable) ❑ Complete a Subrecipient or Contractor checklist for each cost element requested in the Contracted Services budget category ❑ Complete a Body Armor Mandatory Wear Policy Certification (if applicable) ❑ Complete a Confidential Funds Certification (if applicable) ❑ Complete a Sole Source Justification form (if applicable) JAG Funding Assistance — Florida Page 16 of 17 FY19 Program Information (revised 03/2020) 128 of 359 Appendix C FY19 JAGC County Allocation JAG Funding Assistance - Florida Page 17 of 17 FY19 Program Information (revised 0312020) 129 of 359 County County County Allocation County Allocation Alachua $84,369 Lake $87,350 Baker $32,157 Lee $184,284 Bay $91,029 Leon $101,800 Bradford $43,429 Levy $35,415 Brevard $145,587 Liberty $19,441 Broward $395,109 Madison $51,390 Calhoun $21,802 Manatee $117,694 Charlotte $66,748 Marion $94,003 Citrus $44,201 Martin $61,645 Clay $54,076 Monroe $64,248 Collier $93,181 Nassau $44,988 Columbia $45,234 Okaloosa $73,373 Dade $624,197 Okeechobee $61,098 Desoto $35,743 Orange $320,718 Dixie $26,294 Osceola $93,965 Duval $256,788 Palm Beach $312,028 Escambia $115,566 Pasco $120,025 Flagler $38,526 Pinellas $268,112 Franklin $41,760 Polk $185,837 Gadsden $28,497 Putnam $61,756 Gilchrist $25,561 Santa Rosa $48,626 Glades $15,342 Sarasota $104,418 Gulf $43,128 Seminole $125,400 Hamilton $54,128 St. Johns $60,144 Hardee $40,638 St. Lucie $92,153 Hendry $74,153 Sumter $46,717 Hernando $54,382 Suwannee $36,701 Highlands $59,341 Taylor $37,072 Hillsborough $325,653 Union $17,147 Holmes $24,959 Volusia $144,648 Indian River $57,294 Wakulla $23,284 Jackson $27,876 Walton $32,662 Jefferson $33,281 Washington $31,545 Lafayette $20,249 Total $6,299,965 JAG Funding Assistance - Florida Page 17 of 17 FY19 Program Information (revised 0312020) 129 of 359 City of Sebastian 1225 Main St. Sebastian, FL. 32958 ( 772) 589-5330 Rona Kay Cradit, Bureau Chief Florida Dept. of Law Enforcement P.O. Box 1489 Tallahassee, FL 32302-1489 Dear Ms. Cradit: In compliance with State of Florida Rule 11 D-9, F.A.C., the City of Sebastian approves the distribution of $57,294 (total allocation available) for F/Y 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- JAG Countywide- State Solicitation funds for the following projects with Indian River (County): Subgrantee (City or County) Indian River County Sheriff's Office Fellsmere Police Department Indian River Shores Public Safety Vero Beach Police Department Sebastian Police Department Sincerely, Mayor Ed Dodd Title of Project Dollar Amount (Federal Funds) Keeping Law Enforcement Safe $11,402.00 Law Enforcement Programs Law Enforcement Programs Police Equipment Equipment Purchase $11,458.00 $11,458.00 $11,458.00 $11,458.00 130 of 359 QTR' Of :W HOME OFPELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 22, 2020 Actenda Item Title: Notice for Emergency Expenditure for Replacement of Asphalt Road Due to Td Party Sub -Contractor's Negligence. Recommendation: The Procurement Division, on behalf of the Public Works Department, is providing notification of the emergency expenditure for replacement of asphalt road due to a 3 d party sub -contractor's negligence. Background: In January, City staff noticed a significant spill of hydraulic fluid on the recently paved roads in the area of Pelican Island Place. After research, it was found that a 3rd party sub- contractor, not affiliated with any City projects, broke a hydraulic hose causing a tremendous spill of hydraulic fluid. City staff worked with the Contractor and submitted a claim to their insurance company to ensure a resolution to this negligence. Due to the insurance company's process, there was a bit of a delay in receiving the final settlement offer and check from the insurance company, which has now since been provided. City long-time Contractor, Timothy Rose Contracting, Inc. provided a quote to make necessary repair and replacement of the road at a price close to the monies receive in response to the insurance claim. In accordance to City Ordinance Sec. 2-10(c)(4) Emergency purchase, the above stated expenditure was processed due to this causing "an immediate danger to the public health or safety and an immediate danger ofloss ofpublic orprivate property." If Agenda Item Requires Expenditure of Funds: Total Cost: $19,000.00 Insurance Settlement Offer: $18,652.78 Cost to the City: $347.22 Fund to Be Utilized for Appropriation: General Fund Ro ds Deplarrttm(ent Administrative Services Department Review: Attachments: 1. Proof of Settlement 2. Quote from Timothy Rose Contracting, Inc. City Manager Authorization Date: 131 of 359 t.ta&�L t 4f17EMNITY United National Insurance Company rxxas.,r Penn Amerlsa imsumnce Company Penn Patriot Insurance Compony Check Number: 009044 4,136 Amuun,_ $--'1$,652.78 Check ©aW 04f08/20 Rayev CITY OF SEBASTIAN Diamond State Insurance Company Penn Star Insurance Company In Pay,nent uf: PELICAN ISLAND HYDRAULIC 5PILL ASPHALT DAMAGE CLAIM Mail CITY OF SEBASTIAN To: PAUL CARLISI~E, CITY MANAGER 1225 MAIN ST SEBASTIAN,EL 32858 132 of 359 Name 1 Address City Of Sebastian Timothy Rose Contracting, Incorporated 1360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 Phone # (772) 564-7800 Email TimRose7@comcast.net QUOTATION Date Number 2/13/2020 15-340-226 Qty Description Unit Price Amount - I Mill & Clean 1000 Sq. Yd_ 5,100.00 5,100.00 1 Tack 1000 Sq. Yd. 1,300.00 1,300.00 1 1000 Sq. Yd- 1 1/2" SP 9.5 asphalt 12,600.00 12,600.00 Total sivoux) ALL QUOTES ARE GOOD FOR 30 DAYS 133 of 359 From: Lisa Frazier Sent: Tuesday, March 24, 2020 2.54 PM To: Phil Matson Cc: Kenneth Killgore; Paul Carlisle Subject: Sebastian CRA Annual Activity Report - 2019 Phil Attached please find the Sebastian CRA Annual Activity Report for FY 2019 in accordance with FS 163.371. The Statute requires that no later than March 31st of each year, a community redevelopment agency shall file an annual report with the county or municipality that created the agency and publish the report on the agency's website. Please accept this report for your files. Congratulations on your new role as Indian River County Community Development Director. I am sure that you will enjoy this role and provide a benefit to the community. Sincerely, Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Direct: 772-388-8228 Florida has a very broad Public Records Law (Florida Statute Title X. Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Green! Please do not print this e-mail unless necessary. 134 of 359 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Under Chapter 163.371 FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2019 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 135 of 359 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 13 136 of 359 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 1 137 of 359 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 11 138 of 359 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 139 of 359 Page 1 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. ❑ 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 141 of 359 Page 3 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 4 142 of 359 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 143 Of 359 Page 5 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 2019 144 of 359 page 6 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 8.0000 - - R 7.0000 - - - - 6.0000 - - - - - 5.0000 - - - - 4.0000 - - - - - 0 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 2019 145 of 359 Page 7 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 8.0000 - - R 7.0000 - - - - 6.0000 - - - - - 5.0000 - - - - 4.0000 - - - - - 0 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 2019 145 of 359 Page 7 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 . Tel Z TZ TZ ZZ 1�� 'L4� `L��o`LZp'l`�p� '1'�p `L�gO'1,4� P `L�� `L0� `L�� `L�� ri.�r�'1`L0� `LQ,�3 Fiscal Year Source: City of Sebastian Administrative Services Department CRA Annual Report 2019 146 of 359 Page 8 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 . Tel Z TZ TZ ZZ 1�� 'L4� `L��o`LZp'l`�p� '1'�p `L�gO'1,4� P `L�� `L0� `L�� `L�� ri.�r�'1`L0� `LQ,�3 Fiscal Year Source: City of Sebastian Administrative Services Department CRA Annual Report 2019 146 of 359 Page 8 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 9 147 of 359 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 9 147 of 359 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 148 of 35y age 10 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 2019 149 of 359Page 11 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 150 of 35cyage 12 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 151 of 35�age 13 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, / 152 of 359 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. 6 153 of 359 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 154 of 359 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 -0 155 of 359 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 1P 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 6 156 of 359 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 157 of 359 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 dates) andlor performance dales acknowledged or quoted by Seller, all shipping dates andlor performance dates 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 Softwarecol�rlFt�fogoirt�`erts(erstanding, agrees to coMMILir ale the same in writing to any subsequent purchasert a 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. 159 of 359 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 0009-19 160 of 359 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-020008-18 161 of 359 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.'. 162 of 359 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: 163 of 359 Date: March 22, 2020 To: Paul Carlisle, City Manager From: Barbara Brooke -Reese, MIS Manager Subject: Approval & signage of the Microsoft Enterprise Agreement The MIS Division is requesting that the City sign the Microsoft Enterprise Agreement so that we can proceed with connecting the city to Office 365 & One Drive. These tools are needed in order to provide the needed tools for remote workers and other staff to get work done in an efficient and socially distant method. This will include outside email access, Video Calling, and access to needed documents. The agreement states that we will maintain a minimum of (25) Office 365 - E3 licenses while the agreement is active. This cost of those requirements are, as of today, $5,400.00 yearly. However, the city is planning on purchasing more licenses than that, along with starting to utilize The Microsoft Azure Cloud Platform for backup and Disaster Recovery. Once, this agreement is signed, Work can start with FDLE and Microsoft to get this product setup. Hopefully, we can start the rollout by April 10th. We will be able to iron out the timeline once the agreement has been signed. Signed; �ara Brooke -Reese, MIS Manager 164 of 359 Microsoft Program Signature Form MBAIMBSA number Agreement number 01E73902 Volume Licensing Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. I Enterprise Enrollment (Indirect) X20-10634 Sub250 Form W29 Product Selection Form 0889725.004 PSF By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)' City of Sebastian Signature' Printed First and Last Name" Printed Title Signature Date" Tax ID indicates required field Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoff's signature date) DEG 16 200 Shirley Snyder i iCrorxoR t,.t�t�tlgn ProgramSignFonn(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2of4) pagejq�2Of 359 Optional 21101 Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date` * indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form After this signature Form Is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address When the signature form is fully executed by Microsoft Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6140 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2o14) Page16§2of 359 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Proposal ID Enrollment Number 0889725.004 Language: English (United States) Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order: Profile Qualified Qualified Users Device 1 User Enterprise Product Platform Devices Ratio Enterprise Products 0365 GCC E3 25 25 1 1.01 No Enrolled Affiliate's Product Quantities: Price Group 1 Enterprise ProductN Office Professional Plus + Office 365 ProPlus + Office 365 (Plans E3 and E5) + Microsoft 365 Enterprise Enterprise Quantity CAL Licensing Model User Licenses E 2 3 4 Client Access License + Client Access Win E3 + Win E5 + Office 365 (Plans E1, E3 License + Windows Win VDA + and E5) + Microsoft 365 Intune + EMS USL + Microsoft 365 Enterprise Microsoft 365 Enterprise Enterprise Quantity 25 25 Enrolled Affiliate's Price Level: Product Offering ! Pool Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. 0 NOTES Unless otherwise indicated in the associated contract documents, the price level for each Product offering 1 pool is set as described above, based upon the quantity to price level mapping below: Quantity of Licenses and Software Assurance Price Level 0 1 Price Level D D D D Page 1 of 2 EA-EASProdSelForm (VIIW)(ENG) Iq9-petm"to Enterprise Enrollment Product Selection Form 2,399 and below 2,400 to 5,999 6,000 to 14,999 15,000 and above Microsoft I Volume Licensing Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "A" throughout the term of the Enrollment Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. Page 2 of 2 EA-EASProdSelFornn(WW)(ENG) 496) t32Ito IF Microsoft Enterprise Enrollment Enterprise Enrollment number g1023918 (Microsoft to complete) Previous Enrollment number (Reseller to complete) Volume Licensing State and Local Framework ID (rf applicable) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at httv://www.microsoft.com/licensinglcontracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. if this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment'. "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customers regulatory requirements. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 1 of 10 DocumJ4592& S" Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -parry software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 2 of 10 DoCUMj1y 02&V0A4j "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally -recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms_ Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA2016EnrGov(US)SLG( ENG)(Nov2016) Page 3 of 10 Docurrtrtfl f M� (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows - 1 ) ollows:1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 4 of 10 Docurrr 17Z2(9V959 may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. EA20l6EnrGov(US)SLG(ENG)(Nov20l6) Page 5 of 10 DocumJr7:32g fl M4j b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36 -month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") for up to one year, unless designated in the Product Terms to continue until cancelled, is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price as of the Expiration Date plus a 3% administrative fee. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 6 of 10 Docuff"W&15" prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 7 of 10 Docurrt7t3_2(qVM!q Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: 19 Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at httr)s://www.microsoft_comilicensina/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Sebastian Contact name* First Barbara Last Brooke -Reese Contact email address* bbrookereese@cityofsebastian.org Street address* 1225 Main Street City* Sebastian StatelProvince* FL Postal code* 32958 -4165 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 772-338-8246 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. EA2016EnrGov(US)SLG(ENG)(Nov20l6) Page 8 of 10 oocun TE52WIM9 0 Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Barbara Last Brooke -Reese Contact email address* bbrookereese@cityofsebastian.org Street address* 1225 Main Street City* Sebastian StatelProvince* FL Postal code* 32958 -4165 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xx)(x) Country* United States Phone* 772-338-8246 Language preference. Choose the language for notices. English D This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true -up order. ❑ Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Barbara Last Brooke -Reese Contact email address* bbrookereese@cityofsebastian.org Phone* 772-338-8246 © This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SISI International Corp. Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset StatelProvince* NJ Postal code* 08873 Country* United States Contact name* Amanda Bongiovi Phone* 888-764-8888 Contact email address* msteam@shi.com * indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed tithe* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA2016EnrGov(US)SLG(ENG)(Nov2D16) Page 9 of 10 Docurr'e17R &1359 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, 0 No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA2016EnrGov(US)SLG(ENG)(Nov20l6) Page 10 of 10 Documg71ff 2d f1{.99 MM Microsoft Enterprise Sub 250 Program Amendment ID W29 The parties agree that the Enrollment is amended as follows: Volume Licensing I. on the first page of the Enrollment, the following is added after the second paragraph: By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee. The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement. 2. Section 2a of the Enrollment titled "Order Requirements; is hereby amended and restated in its entirety with the following: a. Minimum Order Requirements. Enrolled Affiliate's Enterprise must have a minimum of 25 Qualified Users or Qualified Devices. (i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form. (ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. (iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. (v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online Services. I Software Assurance renewal. Renewing Software Assurance: If Enrolled Affiliate will be renewing Products I Software Assurance coverage from a separate agreement, check this box. By checking the above box, a new section is added to the Enrollment entitled "Software Assurance Addition." Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program's identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License. EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program 179 of 059 W29 Page 1 of 2 Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect. 180 of 359 EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program O W29 Paae 2 of 2 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, 181 of 359 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 82 of ] 7 http://www.leg.state.fl.us/STATUTES/index.ef n?App_jnode=Display_Statute&Search_ t... 3 1 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 183 of 5 http://www.leg.state.fl.us/STATUTES/index.cfm?App mode—Display_ Statute&Search S83 3 11 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. 184 of http://www.leg,state.fl.us/STATUTES/index.cfm?App .. mode=Display_Statute&Seare —St... 3 l11 202 0 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 185 of 35� 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 186 of 359 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 187 of 359 anon SEBAST-M HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: April 22, 2020 AGENDA ITEM TITLE: Resolution Accepting the 1" 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 Resolutions Fund to Be Utilized for Appropriation: NIA -� "j l Administrative Services Department Review: ATTACHMENTS: Resolution No. R-20-04 and Exhibit "A" Quarterly Financial Report for the Quarter Ended December 31, 2019 City Manager Autho ization: Date:� 188 of 359 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 EXHIBIT "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 I, 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. Gilliams 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 224ay of April 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 189 of 359 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 GDBG Grant 0 ($123,874) ($123,874) 8113119 Approval of Community CDBG Expenditure/Capital Accounts 0 $123,874 $123,874 Development Block Grant . ---------------------------------------------------------------------------- Appropriation from R&R Account ($23,417) ($36,580) - -------- ($59,997) -Program ---------------- - ------------ 12/11/19 Approval to replace Leisure Vehicles and Equipment $73,500 $36,580 $110,080 Services Mower. Appropriation from R&R Reserve ($12,912) ($10,505) ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: (Vehicles and Equipment _ 0 $10,500 $10,500 Pad Restroom Sewage Pumps. 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 - -- ------------------(912) 0 $912 $912 replace_Council Chamber Sound Mixer Unit. �A ro riation from R&R Reserve pp p -------($12,000 ---- ) _ ($12,912) Used General Fund R&R Reserve to repair R&M Buildings $75,000 $12,000 $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: 190 of 359 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 IR&M Buildings _ ----- - - ---- $80,000 ($5,000) $75,000 the Community Center_ 'Various General Fund Expenditures 0 $85,264 $85,264 Adjustment to carry forward obligated General Fund Reserves $5,924,061 ....... (P85,264) $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 Picku for Public Works Director. ---------------------------------------------- �MembershipslR&M Irrigation Expense $6,515 ($548 - $5,967 ---�--p ----------------------------- Adjustment to cover costs to trim Palm R&M Grounds Maintenance $1,500 $548 $2,048 rs_e_. Trees in high_profile areas of Golf Course. R&M Irri atian Ex ease g p $5217, {$200) $5,017 Adjustment between Golf accounts for cost R&M Grounds Maintenance___ $2,048_ $200________ $2,248 overrun in R&M Grounds Maintenance. _________ lAdditional Compensation ____ $36,100 ___ ($32,650) -------------------------------------------------- ($3,450) Adjustments to cover costs of 12/13/19 'Various Regular Salary Accounts ------------ $7,579,450 $32,650 $7,612,100 ----------------------- Holiday Bonuses_ R&M Buildings $87,000 ($8,000) $79,000 - ----osts ----------------- Adjustment to cover costs of Janitorial Services $96,320 $8,000 $104,320 cleaning/buffing Community Center floors. , 190 of 359 CI'T'Y OF SEBASTIAN QUARTERLY FINANCIAL REPORT FIRST QUARTER ENDING DECEMBER 31, 2019 SUMMARY THE FIRST QUARTER FOR GENERAL FUND ENDED WITH 37% OF TOTAL BUDGETED REVENUES BEING RECEIVED. DEPARTMENTS SPENT 30% OF THE BUDGETED AMOUNTS, RESULTING IN A NICE INCREASE TO OVERALL RESERVES. ENDING NET UNASSIGNED RESERVES EQUALED $5,142,4821 WHICH IS ABOVE THE $5,000,000 MINIMUM WE INTEND TO MAINTAIN FOR DECLARED NATURAL DISASTERS. THIS IS ALSO ABOVE THE AMOUNT PROJECTED WHEN THE 2020 BUDGET PROJECTIONS WERE MADE. GENERAL FUND SUMMARY IIA ,. 1\ General Fund Revenue j 4000 � OAdjusted Budget ®Yearto 6a>e 3,500 3,490 M 2,500 j - 0 2,000 i � 1,500 - ' �6 G� vo ADJUSTED RESERVES TOTAL $5,908,539. LOANS TO GOLF COURSE AND AIRPORT, Budget PREPAYMENTS YTD °% Beginning Balance $ y J" GENERAL FUND $ 6,199,061 Fund Balance Ad Valorem Taxes Beginning Reserves 10/01/19 3,951,497 $ 275,000 3,447,539 87,2% Franchise Fees I Fund Balance/R&R Changes to Date: 1,401,716 Unfinished 2019 Projects 369,518 26.4% .' Utility Taxes 3,017,973 Replace Lightning Protection 156,025 5.2% Hurricane Recoveries 143,666 Replace Parks Mower 14,706 10,2% Intergovernmental $ (85,264) 2,958,872 Other Expenditures 438,439 14.8%5 Charges for Service $ 6,678,316 698,866 = Expected Changes to Year End: 144,342 20.7%5 Licenses and Other 8,119,847 659,345 Additional Expenditures 160,269 24.3% - Transfers In $ 5,693,536 25,000 Adjust R&R to $275,000 61250 25.0% Total Revenues $ 12,656,935 $ 4,737,088 36.85 From Fund Balance $ 4,867,482 145,261 Total Unassigned Reserves (145,261) -100.0% Total Sources $ 13,002,196 $ 4,591,827 35.3% City Council 63,080 11,977 19.0% City Manager 276,527 65,935 23.8% City Clerk 229,861 83,313 36.2% City Attorney 106,291 27,702 26,1% Admin Services 695,567 146,317 21.0%5 MIS Division 537,772 137,873 25.6% Police Department 6,407,322 2,096,591 327%5 Roads and Drainage 990,467 261,564 264515 Public Facilities 940,808 223,649 23.8%5 Leisure Services 11194,420 276,134 23.1% Community Dev, 589,724 104,771 17.8%5 Non -Departmental 970,357 461,743 47.6%5 Total Uses $ 13,002,196 $ 3,897,569 30,0% . Ending Unappropriated Fund Balance $ 6,893,319 IIA ,. 1\ General Fund Revenue j 4000 � OAdjusted Budget ®Yearto 6a>e 3,500 3,490 M 2,500 j - 0 2,000 i � 1,500 - ' �6 G� vo ADJUSTED RESERVES TOTAL $5,908,539. LOANS TO GOLF COURSE AND AIRPORT, INVENTORIES, PREPAYMENTS AND RESTRICTED LAW ENFORCEMENT FUNDS LEAVE NET UNASSIGNED RESERVES OF $5,142,482. y J" GENERAL FUND BALANCE FORECAST ! a ElWbh e IN Received Fund Balance R&R Account Beginning Reserves 10/01/19 $ 5,924,061 $ 275,000 ,Year to Date Revenue 4,737,088 .1p 51,000 I Fund Balance/R&R Changes to Date: Unfinished 2019 Projects (85,264) _ Failed MIS Equipment (912) . Replace Lightning Protection (12,000) Replace Spiash Pad Pump (10,505) Replace Parks Mower Matthew' Irma Dorian (36,580) Year to Date Uses $ (85,264) $ (59,997) Other Expenditures (3,697,569) E $1,985,404 ,ua il,, 16111 Current Reserves $ 6,678,316 $ 215,003 = Expected Changes to Year End: Additional Revenues 8,119,847 - Additional Expenditures (9,104,627) - Ending Reserves $ 5,693,536 $ 215,003 Adjust R&R to $275,000 (59,997) 59,997 Adjusted Reserves $ 5,633,539 $ 275,000 Assigned Funds (766,057) - Net Unassigned Reserves $ 4,867,482 $ 275,000 Total Unassigned Reserves $ 5,142,482 Projected in 2020 Budget $ 5,046,649 3 General Fund Expenditures t ®Adjusted Budget Marla oat - . I 5,000 4,0x0 i x.000 { 2,000 1,000 i�at 39 LU oei* 0,51 0r15 ' 51' i 01 ply+ P' (fJ. ep%0 - _ a $143,666 ON MATTHEW REMAINS UNPAID. IRMA'S FEMA SHARE WAS INCREASED BY $14,706 AND RECEIVED. WE SHOULD ALSO BE RECEIVING $34,104 ON DORIAN. $2,250 Hurricane Reimbursements $2,000 $189,973 More Due = j $1,750 $1,500 ! a ElWbh e IN Received i $1,250 .1p 51,000 i $750 $s0o $ Matthew' Irma Dorian Totals _ Eligible $1,581,745 $547,325 $34,104 $2,163,174 - a Received ui 1111.,.111- $1,438,079 $547,325 $0 1 ni..i iiit.,iiuu ,11, 11 I., I., 11 E $1,985,404 ,ua il,, 16111 191 of 359 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, Pro Shop Sales 1,385 n/a Miscellaneous 85,710 30,000 STORMWATER FUND SUMMARY 21.7% Total Revenues Budget YTD % Beginning Fund Balance $ 799,532 $ 889,713 $ Stormwater Fees 1,940,000 1,567,761 80.8% Sale of fixed Assets 103,734 38,250 n1a 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 0.0% 0.0% Transfer to Capital Projects 275,000 - 0,19% Total Uses $ 1,970,647 $ 256,736 13,0% . Ending Fund Balance $ 804,968 $ 2,242,766 Expected Change to Year End: Addition! Revenues Additional Revenues 417,200 366,294 Addditionai Uses Additional Expenditures $ (1,293,911) Additional Capital Outlay $ (145,000) 222,274 Transfers to Capital Projects Projected in 2020 Budget (275,000) $ 9130120 Net Available Funds $ 895,149 WERE ABOVE AMOUNTS Projected in 2020 Budget $ $04,968 BUDGET PROJECTIONS WERE MADE. 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. AIRPORT FUND SUMMARY Budget YTD °% Beginning Resources $ Budget $ 98,956 Beginning Resources $ Rents 483,973 132,516 27.4% Investment Income 27.2% Pro Shop Sales 1,385 n/a Miscellaneous 85,710 30,000 18,582 21.7% Total Revenues 569,683 4,937 152,483 26.8% Total Sources $ 569,683 $ 251,439 1,370,828 $ Operating Expenses 347,065 Operating Expenses $ 103,734 29.9% General Fund Advance 25,000 70,000 6,250 25.0% DST Fund Loans 30,500 14,073 - 0.0% Capital Outlay 43,800 24.2% 20,714 47.3% Contingency 123,318 Building Fund Payment - 0.0% Total Uses $ 569,683 $ 130,698 22.9% Total Ending Resources $ $ 120,741 Expected Change to Year End; Expected Change to Year End: Additional Revenues Addition! Revenues Additional Uses 417,200 (11038,620) Addditionai Uses 9130120 Ending Resources $ (315,667) 9/30119 Ending Resources $ $ 222,274 BUILDING FUND ENDING Projected in 2020 Budget REMAIN AT $ 5,626 TO THE GOLF FUND. GOLF COURSE BALANCES ARE AFFECTED BY LOANS FROM THE GENERAL FUND AND BUILDING FUND FOR IRRIGATION/CLUBHOUSE 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 25,0% Misceilaneous 9,460 4,937 52.2% Total Revenues 1,370,828 369,145 26.9% Total Sources $ 1,370,828 $ (303,051) n!a 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 25.0% Total Operating Expense 1,332,461 322,616 24.2% General Fund Payment - - nla Building Fund Payment 38,367 9,592 25.0°/% Total Uses $ 1,370,828 $ 332,208 24,2% Total Ending Resources $ $ (635,259) Expected Change to Year End; Additional Revenues 1,001,683 Additional Uses (11038,620) 9130120 Ending Resources $ (672,1961 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% Fines and Forfeits 6,500 2,648 40.7% Miscellaneous 13,770 2,826 20.5°% Golf Fund Loan Payments 36,367 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 - nla Total Uses $ 841,337 $ 168,686 20.0% Total Ending Resources $ 629,686 Expected Change to Year End; i Additional Revenues 616,771 Additional Uses (651,380) 9130/20 Ending Resources $ 595,077 Projected in 2020 Budget $ win 518 466 _r nri� CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/19 2016/2017 2017/2018 2018/2019 201912020 201912020 2019/2020 1st OTR 1st OTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GENERALFUND TAXES -3,869,494.99 -31944,677.20 -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'L REVENUE -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 -10,286.48 -8,789.23 -39,600.00 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 29,08329 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%a M.I.S. DIVISION 44,585.56 101,512.47 120,476.15 137,873.20 537,772.00 25.64% AUDIO VISUAL/BROADCAST 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 DIVES 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% PARKS/RECREATION 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 78,914.55 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%n 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 0.00 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 0.00 100,000.00 0.00% RRD EXPENDITURES 34,833.81 83,087.10 86,757.74 104,169.26 651,024. 0, _t � .a0% CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/19 194 of 359 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 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 -800,702.96 -814,958.01 -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 0.00 275,001).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 O.D0 -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 0.0G 0.00% GRANTS AND AIDS 0.00 '[,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% 194 of 359 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/19 195 of 359 201612017 2017/2018 2018/2019 2019/2020 2019/2020 201912020 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% 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% 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% 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 178,370.29 140,207.70 143,458.38 145,872.86 577,946.00 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% MISC. REVENUE -110,219.39 -124,588.56 -158,403.44 -152,483.49 -569,683.00 26.77% TRANSFERS IN 0.00 0.00 0.00 0.00 0.00 0.00% AIRPORT REVENUE -112,514.92 -128,900.45 -161,736.23 -152,483.49 -569,683.00 26.77% 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% AIRPORT ADMINISTRATION 102,267.06 113,464.62 139,725.38 130,698.44 569,683.00 22.94% 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% 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% TRANSFERS IN -6,249.99 0.00 -9,591.99 -9,591.99 -38,367.00 25.00% BUILDING REVENUES -160,926.71 -185,461.54 -240,186.99 -224,566.10 -841,337.00 26.69% PERSONAL SERVICES 104,065.58 116,909.66 133,829.76 146,863.14 663,901.00 22.12% OPERATING EXPENSES 22,539.69 19,774.40 33,930.74 21,822.79 133,592.00 1634% 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% TO FUND BALANCE 0.00 0.00 0.00 C.00 21,271.00 0.00% BUILDING EXPENDITURES 144,545.18 136,684.06 167,760.50 168,685.93 841,337.00 20.05% 195 of 359 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 12131/19 196 of 359 2016/2017 2017/2018 2018/2019 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 62,061.58 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% TOTAL 16,234.00 8,087.14 29,083.29 27,702.34 106,291.00 211.06% 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 21.04% M.I.& 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 nla OPERATING EXPENSES 4,710.76 6,338.47 0.00 0.00 0.00 nta 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 56,418.02 286,217.00 19.71% CAPITAL OUTLAY 0.00 6,144.99 5,999.00 9,772.00 60,000.00 16.29% TOTAL 768,862.44 603,889.49 1,178,940.52 1,187,788.08 3,425,716.00 34.67% 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 1,048,986.00 33.73% POLICE COMMUNICATIONS PERSONAL SERVICES 144,761.33 143,420.98 139,955.61 140,288.60 642,992.00 21.82% OPERATING EXPENSES 4,126.42 2,643.02 2,665.99 2,828.52 10,840.00 24.25% TOTAL 148,887.75 146,064.00 142,621.60 142,917.12 653,832.00 21.86% 196 of 359 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 12131119 197 of 359 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 0.00 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 86,224.94 350,588.00 24.59% CAPITAL OUTLAY 0.00 0.00 1,585.00 39,190.25 39,550.00 99.09% TOTAL 96,359.00 137,502.86 193,464.49 261,564.03 990,467.00 26.41% STORMWATER UTILITY DIVISION PERSONAL SERVICES 93,631.24 104,205.45 0.00 0.00 0.00 n/a 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 26,485.00 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 1,194,420.0{) 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% 197 of 359 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF DEC 31, 2019 198 of 359 Current Prior Project Budget Share Project Year Year Expenditures Percent Funds Nmnbcr Description Budget Sources lin Thousands of Si Budeet Exneaditures Expenditures To Date Expended Encumbrances Remainine FY2018 A1811 Generators DST 140.7 140,692 - 27,118 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 Stonecrop Drainage DST 19 19,145 - 11,229 11,229 58.65% 7,916 - A1854 Taxiway C Construction FAAIFDOTIDST 2,2161109.61178 2,503,596 73,001 2,211,933 2,284,834 91.26% 233,239 (14,477) TOTAL S 2,855,195 5 74,391 $ 2,289,116 $2,363,507 82.78% S 254,855 S 236,833 VY2019 A1920 Working Waterfront Phase 3 FIND/DST 1701250 420,000 19,671 19,671 4.68% 2,997 397,332 A1921 Pickleball DSTWF 1971423 619,762 245,470 120,751 366,221 59.09°/ 129,814 124,727 A1922 Bark Park Shade Structures RIF 14 14,000 9,710 129 9,839 70.29% 4,161 - A1925 Park Signage RIF 125 125,000 - 22,990 22,990 18.39% - 102,010 A1929 Yacht Club Pier RIF 40 40,000 - - - 0.00% - 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 7532% 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 - A1952 Construct Hangar D FDOTIDST 1,800/450 2,250,000 4,578 69-194 73,778 3.28% - 2,176,222 TOTAL S 3,648,072 $ 302,549 S 306,159 $ 608,708 17% $ 152,492 5 2,886,872 PY2020 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 AM04 PD Vehicles & Equipment DST 355 355,D00 14,670 14,670 4.13% 337,875 2,456 A2005 PD Dispatch Radios & Equip DST 191 19;,000 2,385 2,385 1.25% 136.364 52,251 A2006 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 - - - 0.001/. - 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 CenterOMce DST 40 40,000 0.00% 40,000 A2026 Renovate Golf 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 LOGT/DST 108.81333.3 442.173 429,319 429,319 97,09% 12,854 A2032 Cape & MicroSeal Roadways LOGT 304 304,017 - - 0.00% 304,017 - A2033 Cape Seal Roadways LOGT 52 52,046 - - 0.001/. 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 50D 500,000 0.00% 500,000 A2062 Stonecrop Drainage FEMAIDST 645/215 860,000 0.00% 860,000 A2063 Septic to Sewer Grant Program IRLCICRA 1001100 200,000 3,345 3,345 1.67% 196,655 S 8,807,806 S 668,168 S - S 668,168 7-59% S 898,978 S 7,240,659 GRAND TOTAL. S 15,323,603 S 1,045,108 S 2,607,805 S 3,652,914 23.84% 5 1,306 325 S 10,364,364 198 of 359 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 Gas Tax Fund 103.515.5D 2.69% Discretionary Sales Tax Fund 4,494,042,72 34.09% Discretionary Sales Tax Fund 494,988.91 12.84% Riverfront Redevelopment Fund 427,928.42 3.25% Rivetfront Redevelopment Fund 255,319.07 6.62% Parking In -Lieu -Of Fund - 0.00% Parking In -Lieu -Of Fund 56.425.63 1.46% Recreation Impact Fee Fund 142,01034 L08% Recreation Impact Fee Fund 136,196.87 3.53% Stonnwater Utility Fund 1,669,211.00 12.66% Stotmwater Utility Fund 566,655.18 14.70% Law Enforcement Forfeiture Fund 15.985.54 012% Law Enforcement Forfeiture Fund 21,165.71 0.55% Stunnwater Series 2003 Debt Service Fund 110,607.41 0.84% Swrmwater 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 (O.10} 0.00% Transportation Fund 0.00% Stannwater Projects Fund 243,828.35 1.85% Stormwater Projects Fund 0.00% Golf Course Fund 5,056.28 0.04% Golf Course Fund 0-00% Airport Fund 203,798.07 1.55% Airport Fund Hv Airport Projects Fund 65,795.58 0.50% Airport Projects Fund - 0.00°/ Building Depamnent 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% Perfarnance Deposits Fund 10,750.00 0.09% Performance Deposits Fund 92,340.00 2.4a% Total Bank Balance -S 13,1 100.00% Total SBA Balance 5 3,855,213.70 100.00% 199 of 359 MOF SEBASTM 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: 1" 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 Suvvort 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 TCPaIm. • 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 Management Program • 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. • Transfer -red and documented seven bid records for storage. Election Matters • Six candidates submitted M9, Gl, 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 CIerk 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. City 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. 200 of 359 CITY CLERK (Continued) Personnenducational 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 FEMA 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 4th 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 I, Records Specialist II and 911 dispatcher positions. • Hired 2-911 dispatchers and 2 police officers and promoted 1 employee to Records Specialist II. • 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 Army 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. • 41 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 completed. 201 of 359 School Resource Officers Patrol h ours Mentor lunches Crossing Guard contacts Reports GREAT classes taught Dec. 9 Nov. P Oct. Life Skills classes taught Incident Citations Warnings Area/school checks Traffic Unit (462) 0 0 - Boat Officers (Assigned to shift coverage.) 1 0 20 40 60 80 100 120 140 160 TOTALS 34 137 42 6 _qber Totals Area/school checks 110 145 150 405 Life Skills classes taught 1 5 29 35 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 Special Operations • Officers were dispatched to 7156 calls for service, and self -initiated 4574 events. • 102 adult and 3 juvenile arrests were made. • Officers issued 30I citations, 2 parking citations, and 919 written warnings. • Officers completed 467 offense reports and 84 crash reports. Special Operations K-9 Unit • K-9 Training Hours: 460 • Misdemeanor Attests: 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. 202 of 359 3 Incident Citations Warnings Reports Arrests Traffic Unit (462) 0 0 0 0 Boat Officers (Assigned to shift coverage.) K-9 Ofc's (41138159142) 34 137 42 6 TOTALS 34 137 42 6 K-9 Unit • K-9 Training Hours: 460 • Misdemeanor Attests: 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. 202 of 359 3 Detectives uarter :L IfIct. Flov.r 0 7 Subpoenas 1 1 1 3 Arrests 2 0 0 2 Warrants 2 0 1 3 Training/Meeting 4 2 3 9 JASSISGNED CASES 67 95.5 42.5 205 Hours 3 3 4 10 Follow -Ups 10 17 16 43 Active Cases 19 22 18 59 Assigned Cases 14 15 11 40 Cleared Cases 4 5 4 13 Inactive Cases 9 6 6 21 Supplements 18 16 14 48 Call Outs 2 3 1 6 Call Outs Supplements Inactive Cases i Cleared Cases Assigned Cases" Series4 Active Cases "�� Series3 Follow -Ups ■ Series2 Training/Meeting Hours -� �� ��- i •find W�a�� ..r��.���.���n �— u t Seriesl Warrants Arrests Subpoenas 0 50 100 150 200 250 Communitv Policing & Crime Prevention Officer JARRESTS 4 3 0 7 WARRANTS 2 6 0 8 ITRAININGIMEETINGS (hours) 8 8 10 26 FOLLOW-UPS 5 8 3 16 JACTIVE CASES 4 2 3 9 JASSISGNED CASES 5 3 5 13 CLEARED CASES 3 3 4 10 JINACTIVE CASES 0 0 0 1 SUPPLEMENTS 10 3 5 18 SURVEILLANCE (HOURS) 20 40 20 80 203 of 359 4 COPE QUARTERLY REPORT 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 Light Up Night - 5 Turkey Drive - 4 Awards - 2 COMMUNITY MEETINGS 47 I Hiram's Triathlon - 10 Toy Drive - 6 T3 Maint. - 2 SCHOOL-RELATED EVENTS 8 Clambake -18 Shop w/ a Cop — 6 SRO: - 146 COPE Meeting - 2 PUBLIC TRAINING CLASSES 38 Sebastian.Church Fall Road Coverage - 8 Banquet - 20 � Festival - 4 Lip Sync Video - 2 REGIONAL OUTREACH" 54 Costume Contest - 6 Community Meetings: Honor Guard - 8 Exchange Club -6 SRO Coverage 18 ` Home Depot - 3 ECIC-1 Explorer Post Social Media Coffee w/ a Cop - 3 EXPLORER POST ACTIVITIES 96 PlTobacco Free - 2 Activities: 30 Management: Park Place Block Captain Park 1 Veteran's Council- 1 {Facebook, Twitter, TRAINING AND SCHOOLS 258 g Instagram} - 24 IN-SERVICE INSTRUCTION 16 Salvation Army Bell Ring - 3 School Related Events: Training and Lip Sync Battle - 6 SC.iH - 10 Schools: SOLEAL MEDIA MANAGEMENT 24 Sebastian - 3 In Service - $ Public Training Classes: In-Service Inst ADMINISTRATION & RESEARCH 52 S.A.F.E. Women -6 PreSchool - 2 Below 100 - 4 Vehi6e Ops - 8 ROAD PATROL COVERAGE 0 Rad Kids -32 Humvee - 1 ■ ACTIVITY ■ COMMUNITY EVENTS AGENCY OUTREACH EVENTS 30 _ _ - 13 COMMUNITY MEETINGS g I SCHOOL-RELATED EVENTS PUBLIC TRAINING CLASSES 24 REGIONAL OUTREACH 8 84 SRO Coverage 4031 EXPLORER POST ACTIVITIES TRAINING AND SCHOOLS 15 p �._- g IN-SERVICE INSTRUCTION 10 SOCIAL MEDIA MANAGEMENT ADMINISTRATION & RESEARCH ROAD PATROL COVERAGE 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 J 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 J 204 of 359 5 Training/Meeting Hours Outgoing Admin. Calls Admin, Calls Transferred Admin. Calls Received 911 Hang-up Calls 911 Calls Transferred Out 911 Calls Received Cal Is 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 220 Evidence Processed In- 21 house 10 Evidence Outsourced 23 Items Returned 24 Items Purged 82 Cars Impounded 0 Video Redaction Hours 0 Video's Burned 43 Supplements Written 1 Evidence Processing 22 Hours 57 Crime Scene Processing 21 Hours 73 Training Hours 40 Call Outs 2 Month 3 i Month 2 • Month 1 43 82 345 21 20 51 16 8 47 5 6 35 30 21 133 0 0 0 0 16 16 22 23 88 2 4 7 73 95 225 22 0 43 12 12 64 2 0 4 Call Outs Training Hours _. Crime Scene Processing Hours Evidence Processing Hours Supplements Written Video's Burned www Video Redaction Hours Cars Impounded Items Purged Items Returned Evidence Outsourced Evidence Processed In-house -- Items Received 0 50 100 150 200 250 131 Dec Nov Oct 205 of 359 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, 11 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). • $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.O.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. 206 of 359 7 Sign Shop • SiQnaee and Installation No. • Created: 364 • Signs Installed: 97 • Signs straightened 12 • Traffic Studies: I • 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. • Pickleball Courts Signage: In Progress. • Road Painting Section 1 : 50% Completed. • New Projects • Parking Lot Painting City Hail: Completed. • Parking Lot Painting River Front: Pending. • Painting Barber St. from USI 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 • Wayfmd: 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/Install 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. 207 of 359 8 Cemetery • Burials full 9 • Cremains: 11 • Showed public cem. 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 B. • 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 lroad 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. • FueI 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. 208 of 359 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 Pren 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. • Building Inspections count by Phil and Eric • 309 Inspections, • Citizen Request Report • October 2019- 104 Request • 65 Storrnwater —11 Outstanding. • 20 Other — 0 Outstanding. • 14 Roads — 1 Outstanding. • 5 Parks — 0 Outstanding. • November 2019 —111 Requests • 57 Stormwater — 8 Outstanding. • 25 Other — 0 Outstanding. • 23 Roads — 6 Outstanding. • 4 Parks - 4 Outstanding. • December 2019 — 84 Outstanding • 38 Stormwater — 11 Outstanding. • 23 Other — 1 Outstanding. • 21 Roads — 11 Outstanding. • 2 Parks — Outstanding. 209 of 359 10 GOLF COURSE • Revenue 19-20 18-19 Difference+/- + V Ouarter Rev. $386,404 $418,855 432,451 • YTD Tot. Rev. $386,404 $418,855 -$32,451 • 1" 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 49,659 • 1" O. Cart Fee $128,658 $151,570 -$22,9I2 • 1" O. Annual Member $92,146 $88,741 +$3,405 + YTD Ann. Mem. $92,146 $88,741 +$3,405 • l't O. USGA Hdev. $4,488 $4,260 +$228 • YTD USGA Hdca. $4,488 $4,260 +$228 • V O. Diset. Card $24,861 $24,907 -$46 • YTD Diset. Cd. $24,861 $24,907 -$46 • 1" O. Driving Range $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 x$166 • YTD CR & CS $3,811 $3,673 +$138 • Vt O. Golf Shoe Retail $22,027 $27,232 45,205 • YTD Sion Retail $22,027 $27,232 -$5,205 • V O. PGA Pro Lesson $680 $325 +$355 • YTD Lesson $680 $325 4355 + 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 I" 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 °d quarter (19-20) include New Year's Day Golf Tournament, Orioles Lodge #272 Tournament, 9`h 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 comer 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 210 of 359 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, 815 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 first 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, transfers4, duplicates 0, home based businesses-8, commercial businesses-4, insurance companies-I 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. 211 of 359 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: � 212 of 359 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. RC1 RFQ #t18-09 Design Build of City Garage and Public Facilities Storage Compound 21 pagf �A!� 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 obtain and maintain 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. 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. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. General Liability Insurance: Not less than $1,000,000 Combined Single Limit per each occurrence Professional Liability Not less than $1,000,000 per each occurrence, (Errors & Omissions): covering any damages caused by an error, omission or any negligent acts. Cyber Liability: Not less than $1,000,000 per each occurrence, covering any damages arising from alteration of, loss of, or destruction of electronic data and/or information "property" of the City. Automobile Liability: Not less than $500,000 Combined Single Limit. Worker's Compensation: In accordance with Florida Statutes 440, maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. City of Sebastian, Florida 1 Wright Construction Group, Inc. 210 j2grq RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound a� 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 2lp%gf33§J 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. F RFQ #18-09 Design Build of City Garage and Public Facilities Storage Compound 21edf 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. 217 of 359 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 2 218 of 359 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. 219 of 359 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. 220 of 359 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 2 221 of 359 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. 222 of 359 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. 4 223 of 359 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, 224 of 359 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 225 of 359 arr � SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: April 22, 2020 Agenda Item Title: Approve Engineering Services from Infrastructure Consulting & Engineering (ICE) for Design of New Taxi Lanes; Authorize City Manager to Execute Consultant Service Agreement (CSA -6) Recommendation: The Procurement Division, on behalf of Sebastian Municipal Airport, recommends that the Council APPROVE Engineering Services for the design of new taxi lanes to service new hangars, in an amount not to exceed $70,000 and AUTHORIZE City Manager to execute CSA. Backaround: The scope of the design -engineering work with CSA -6 includes new taxi lane connecting future box hangars to Taxiway Alpha; plus the reconstruction of a distressed asphalt section (Section 425) of Taxiway Alpha. This project (design engineering and construction) is funded by cost-sharing grants with the FAAIFDOTIand Local. In order to guarantee construction funding from the FAA, the proposed design is required. ICE was awarded on January 23, 2019 by City Council as a multiple award for RFQ 18-11 Professional Engineering/Planning Services for Sebastian Municipal Airport. The initial contract term is February 15, 2019 - February 14, 2022. If Agenda Item Requires Expenditure of Funds: Total Cost: $69,882.50 FAA 90% $62,894.24 FDOT 5% $ 3,494.13 CITY 5% $ 3,494.13 < Update: This is now 100% paid by CARES Act Fund to Be Utilized for Appropriation: DST Administrative Services Department Review: Attachments: 1. Scope of Project 2. Fee Schedule 3, Independent Fee Examinati f /City Manager Authorization: ` 1 Date: 226 of 359 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Infrastructure Consulting and Engineering, Inc. (ICE) 5500 W. Idlewild Ave Suite 115, Tampa, FL 33034 Work Authorization No: CSA - # 6 Proiect Title: Design and Engineering of Taxi lane for Future Hangar Development and Taxiway Alpha, Section 425 Repair IT IS AGREED to undertake the following work in accordance with the provisions of the Infrastructure Consulting & Engineering Master Agreement entitled "Non -Exclusive Agreement for Continuing Professional Engineering Consulting Services" dated February 15, 2019. Description of Assignment: Infrastructure Consulting & Engineering will prepare construction plans, specifications and bid documents for the construction of taxi lanes to serve a box hangar development on the west side of Taxiway just north of the T -hangar site and rehabilitation of 200' of Taxiway 'A' on the south side of Runway 10-28. The work/project will include: Pavement, grading and drainage design. Geometric design of the taxi lane and a preliminary geometric design of the future hangar and parking lot layout. Drainage design will include the design and permitting of a stormwater pond to accommodate the full build out of the entire development. 1. Preliminary Planning NIA 2. Permitting & Inspections SJRWMD ERP 3. Contract Administration NIA 4. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours 4.1 Construction Plans, Specifications and Bidding Documents NIA 4,2 Engineer's Report, Stormwater Management Report, SJRWMD ERP Permit Application NIA 5. Pricing Description Preliminary Planning Permitting & Inspections Contract Administration 4.1 Construction Plans, Specifications and Bidding Documents 4.2 Engineer's Report, Stormwater Management Report, SJRWMD ERP Permit Application 6. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity Contracted Unit Price TOTALS NIA NIA NIA I 1 Included in 4.1 Included in 4.1 NIA NIA NIA 1 $69,882.50 $69,882.50 1 Included in 4.1 Included in 4.1 30% Plans 60% Plans and Engineer's Report 90% Plans, Specifications, Bid Documents and Engineer's Report Final Plans, Specifications, Bid Documents, and Engineer's Report Basic of Compensation/Period of Services: The above referenced description for CSA #6 will be performed for a lump sum fee in the amount of $69,882.50. AGREED: VENDOR: Date: V-1320 Doug Harorech Infrastructure Consulting & Engineering Attest Jeanette Williams, MMC, City Clerk CITY OF SEBASTIAN: Paul E. Carlisle City Manager Quantity 1 1 1 1 Date: Approved as to Form and Content for Reliance by the City of Sebastian Only: Manny Anon, Jr., City Attorney 227 of 359 I m INFRASTRUCTURE ( (MU ING A [\f'ANEERAC Project Description 425 PGI = 66 EXHIBIT "A" SCOPE OF WORK TAXILANE FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY'A' REPAIRS Sebastian Municipal Airport SE r"AN _ __. MUNICIPAL AIRPORT The City of Sebastian and the Sebastian Municipal Airport (CITY) intends to rehabilitate a small section of Taxiway "A" that has a low PCI rating (shown in yellow) and construct a taxilane to future box hangars (either 60'60' or 75'x75'). The funds for this project are FAA (90%), FDOT (5%) and local funds (5%). The grant shall be for design only, with a separate grant application required for construction in 2021. The taxilane design shall include the infrastructure improvements for stormwater to accommodate all new impervious area. No taxidrives, utilities, or I parking will be included since it is not it t eligible for federal funding. All layout -- H design and grading shall be performed with future hangar configuration I considerations. ' I I -- ____ ( II e d: I _ x ILI l, lll 1 1 1 r I l Asphalt repairs to Taxiway "A" shall be from the edge of Runway 10 to the south approximately 200', where the asphalt surface condition is visibly improved. Geotechnical cores shall determine the extent of cracking and the base condition. Based on this information and a site investigation, the extent of repairs shall be determined. Centerline, hold position, and edge markings shall be re-applied. The design and production of construction plans will consist of the following items: Paving Plans Grading Taxilane for Future Hangar Development 3/3/2020 Page A-1 of A-5 and Taxiway'A' Repairs 228 of 359 Pond/ Swale Design Earthwork Geotechnical Evaluation Pavement Marking Safety Plan and Project Layout Taxilane Centerline Profiles FAA and FDOT coordination Engineer's Reports Coordination with Tenants Taxiway Guide signs (reflective) FDEP/ SJRWMD Permit Survey Pavement Design for critical aircraft Quantity Calculations Cross Sections Utility Coordination Coordination with City Technical Specifications Stormwater Pollution Prevention Plans Fence plans and details Compensation for the above mentioned work will be based on the Manhour and Fee Estimate provided in Exhibit B. Phase 1— 34% Plans Phase 1 services will involve preliminary design and the production of 30% Plans. The design considerations shall include: • Geotechnical Investigation, • Field Survey, • General Coordination with Airport Staff, • Pavement Design/Analysis, • Drainage Evaluation, • Horizontal and Vertical Geometrics, • Utility Coordination, • SJRWMD Pre -Application Meeting, • Preliminary Cost Estimates, and • Preliminary Construction Schedule. The Consultant will prepare a revised Construction Cost Estimate, a 30% Engineer's Report, and the Preliminary Plans, which will include: Cover Sheet Typical Sections Profile Sheets Project Layout Plan Staking and Demolition Plan Deliverables.- Three (3) copies of the Preliminary Plans in 11 "y 17' format and 3Q% Engineer's Report will be submitted to the CITY for distribution to airport staff. Taxilane for Future Hangar Development 3/3/2020 and Taxiway'A' Repairs Page A-2 of A-5 229 of 359 Phase 2 — 60% Plans The Consultant shall address any changes requested by the airport at the 30% Review Meeting in this Phase. Upon issuance of the Notice to Proceed, the Consultant will proceed with the 60% Plans to include the following: • Preliminary Drainage Design, • General Coordination, • Preliminary Grading, • OE/AAA submittal • Preparation of DBE Goals, • Construction Safety and Phasing Plan, • Updated Cost Estimates, and • Construction Phasing and Schedule. The Consultant will prepare a revised Construction Cost Estimate, a 60% Engineer's Report, and the 60% Plans, which will include: Cover Sheet Typical Sections General Notes Preliminary Grading Plans Preliminary Cross Sections Sign Plan Project Layout Plan Safety Plan Staking and Demolition Plan Profile Sheets Marking Plan The Consultant will meet with the City to review the Plans, Specifications, and the Engineer's Report to verify that all concerns, issues, and potential conflicts are addressed prior to proceeding with 90% Construction Documents. Deliverables: Three (3) copies of the 60% Plans in I VX 17" format and 60% Engineer's Report will be submitted to the CITY for distribution to airport staff. Phase 3 — 90% Plans The Consultant shall address any changes requested by the airport at the 60% Review Meeting in this Phase. Upon issuance of the Notice to Proceed, the Consultant will proceed with the 90% Plans to include the following: • Preliminary Front End Documents, • Preliminary Technical Specifications, • Final Drainage Design, • Submittal of FDEP/ SJRWMD Permit Application, Taxilane for Future Hangar Development 3/3/2020 and Taxiway 'A' Repairs Page A-3 of A-5 230 of 359 • Final Grading Plans, • Construction notes, • Preliminary Cost Estimates, and • Construction Phasing and Schedule. The Consultant will prepare a revised Construction Cost Estimate, a 90% Engineer's Report, and the 90% Plans, which will include: Cover Sheet Typical Sections General Notes Profile Sheets Drainage Details Erosion Control Plans Miscellaneous Details Project Layout Plan Safety Plan Staking and Demolition Plan Grading and Drainage Plans Signing and Marking Plans Cross Sections The Consultant will meet with the CITY to review the Plans, Specifications, and the Engineer's report to verify that all concerns, issues, and potential conflicts are addressed prior to proceeding with Final Construction Documents. Deliverables: Three (3) copies of the 9096 Plans in 11 "v 17" format, a draft set of specifications and front end documents, and 905yo Engineer's Report will be submitted to the CITY for distribution to airport staff. A copy will also be sent to the FAA, and FDOT for review and comment. Phase 4 — Final Contract Documents The Consultant shall address minor changes to the plans and any comments from City Procurement for the bidding documents, and then proceed with the 100% Plans to include the following: • Incorporate City Comments, • Incorporate Permitting Comments, • Final Plans, • Final Front-end Documents, • Final Technical Specifications, • General Provisions/Supplementary Conditions, • Bid Schedule, and • Final Quantities. The Consultant will prepare a Final Construction Cost Estimate, a 100% Engineer's Report, Bidding Documents and the Final Plans. Deliverables).- Three (3) copies of the 140% Plans in 11'W7" 17" format, the final Engineer's Report and Taxilane for Future Hangar Development 3/3/2020 Page A-4 of A-5 and Taxiway 'A' Repairs 231 of 359 Contract Documents will be submitted to the CITY for distribution to airport staff, A copy will also be sent to the FAA, and FDOT for their files. Two full sized sets (22'5(34') of signed and sealed plans will be submitted for CITY records. SCHEDULE Work Phase Major Activities Notice to Proceed 1 (Survey/ Geotech 30% Design CONSTRUCT 60•/o Design TAXILANE ON 90% Design NEW HANGAR 2 ISubmit WMD Permit DEVELOPMENT Obtain Permit AREA 3 100% Design Bidding 4 Grant Application 5 Construction No bidding phase services are included at this time due to the FAA preferring to include with construction phase services. Taxilane for Future Hangar Development 3/3/2020 Page A -S of A-5 and Taxiway 'A' Repairs 232 of 359 I m INFRASTRUCTURE m+snri�c a [+crvcEx�w.. CLASSIFICATION Principal Project Manager Senior Engineer Engineer Designer Technician Administrative Assist. TOTAL HOURS TASK COST EXHIBIT "B" Manhour and Fee Estimate TAXILANE FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY W REPAIRS Sebastian Municipal Airport RATES $225,00 $175.00 $175.00 $150.00 $90.00 $75.00 $55.00 DIRECT EXPENSES Reproduction TOTAL EXPENSES SUBCONSULTANTS Velcon- Survey KSM - Geotechnical Investigation TOTAL SUBCONSULTANTS TOTAL COSTS Method of Payment SEBASTIAN MUNICIPAL AIRPORT Summary TOTAL PHASE 1 PHASE 2 PHASE 3 PHASE 4 $250.00 $250.00 $250.00 Final 30% Plans 60% Plans 90% Plans Contract Documents HOURS HOURS HOURS HOURS 2 1 1 1 8 10.5 15 3 12 13 13 4 23 35 56 31 15 42 17 5 33 41 23 21 12 7 16 27 105 149.5 141 92 $11,885.00 $16,827.50 $17,660.00 $9,610.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $9,000.00 $3,900.00 $12,900,00 $0.00 $0.00 $0.00 $25,035.00 $17,077.50 $17,910.00 $9,860.00 Lump Sum Lump Sum Lump Sum Lump Sum HOURS 5 36.5 42 145 79 118 62 487.5 $55,982.50 $9,000.00 $3,900.00 $12,900.00 $69,882.50 Lump Sum 233rQle-1`%f B-5 N W O W C31 EXHIBIT "B" TAXILANE FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY'A' REPAIRS Sebastian Municipal Airport Phase 1 - 30% Design Pians MANHOUR AND FEE ESTIMATE Project Senior Administrative Total Item/Task Description Principal Manager Engineer Engineer Designer Technician Assistant Hours Coordination with Airport Staff 1 2 3 6 Project Kick -Off Meeting 4 4 Coordination with Subconsultants 1 ? 3 Pavement Design/ Analysis 1 3 Preliminary Drainage Evaluation 2 ? 4 Preliminary Fillet Design 2 2 Horizontal Design 2 3 3 8 Calculate Profiles 1 2 4 7 Utility and FAA Coordination 2 4 1 7 SJRWMD Pre -Application Meeting 2 2 Update the Construction Cost Estimate I 1 4 6 Preliminary Construction Schedule 1 1 Prepare 30% Plans 0 Cover Sheet 1 1 2 Project Layout Plan 1 5 6 typical Sections 1 2 6 9 Staking and Demolition Plan 3 3 3 6 15 Profile Sheets 1 1 1 3 6 30% Engineer's report 2 2 6 10 Quality Control Review 1 2 3 Plot 30% 11"x17 plans (6 Copies) 1 1 Total Hours: 2 8 12 23 15 33 12 105 Page B-2 of B-5 N W Cn O W Cn Cfl EXHIBIT "B" Sebastian Municipal Airport TAXILANE FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY 'A' REPAIRS Phase 2 - 60% Design Plans Page B-3 of B-5 MANHOUR AND FEE ESTIMATE Project Senior Technical Total Item/Task Description Principal Manager Engineer Engineer Designer Technician Assistant Hours Coordination with Airport 3 3 Subconsultant Coordination 0.s 2 2.5 Prepare for Review Meeting, Attendance, Minutes 3 2 1 6 Preliminary Drainage Design Model Existing Conditions 2 6 2 6 16 Calculate New Impervious and Watersheds 2 2 4 Pond Design 6 15 21 Volume calculations 4 4 Finalize Pavement Geometry 1 1 10 12 Preliminary Grading Design 2 16 18 Cost Estimate 1 1 2 2 6 Prepare 60% Plans General Notes 1 2 3 6 Staking and Demolition Plan 4 4 8 Profile Sheets 1 1 2 Preliminary Grading Plans 8 4 12 Preliminary SWPP plans 1 2 4 7 Drainage Details 1 2 4 7 60% Engineer's Report 1 4 4 9 Quality Review 2 2 5 Plot 60% 11"x17" Plans 1 1 Total Hours: 1 10.5 13 35 42 41 7 149.5 Page B-3 of B-5 EXHIBIT "B" Sebastian Municipal Airport Item/Task Description Coordination with Airport Coordination with FAA and FDOT Prepare for Review Meeting, Attendance, Minutes Preliminary front End Documents Preliminary Technical Specifications Final Drainage Design Model Proposed Improvements Size Swales and Pipes Establish Pipe Grades and Inverts Prepare Drainage Report Stormwater Permitting Prepare and Submit SJRWMD Permit Application Final Grading Design Quantities/ Cost Estimate Prepare 90% Plans Grading and Drainage Plans Drainage Details Erosion Control Plans Marking Plans Guide sign layout and details Miscellaneous Details 90% Engineer's Report Quality Review Plot 90% 11 "x17" Plans Total Hours: N W O) O W co TAXILANE FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY 'A' REPAIRS Phase 3 - 90% Design Plans MANHOUR AND FEE ESTIMATE Project Senior Technical Total Principal Manager Engineer Engineer Designer Technician Assistant Hours 2 2 1 1 4 4 2 10 1 4 3 8 4 10 4 18 3 8 6 17 4 4 4 4 1 2 8 6 17 1 2 2 5 2 4 2 8 2 3 5 6 6 3 1 4 1 2 6 9 1 3 4 1 2 2 5 2 2 2 6 1 2 1 4 1 2 3 1 1 1 15 13 56 17 23 16 141 Page B-4 of B-5 EXHIBIT "B" TAXI LANE FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY 'A' REPAIRS Sebastian Municipal Airport Phase 4 - Final Contract Documents MANHOUR AND FEE ESTIMATE Project Senior Technical Total Item/Task Description Principal Manager Engineer Engineer Designer Technician Assistant Hours Coordination with Airport 2 2 Finalize Plans 4 4 12 20 Calculate Final Quantities 1 1 2 Prepare and submit OE/AAA 1 6 4 11 Address SJRWMD comments 6 4 6 16 Finalize Front End Documents 1 12 16 Finalize Technical Specifications ? 6 4 12 Assemble Bid Schedule 2 4 6 Plot full size and 11"x17" plans 1 1 Prepare Final Engineer's report 2 2 1 5 Quality Review 1 Total Hours: 1 3 4 31 5 21 27 92 Page B-5 of B-5 November 8, 2019 Mr. Scott Baker Airport Manager City of Sebastian Municipal Airport 202 Airport Drive E. Sebastian, FL 32958-3957 Subject: Independent Fee Estimate Box Hangar Taxilane Extension Sebastian Municipal Airport (X26) Dear Scott: ,dOO4 AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. '7RA.V SPQR TA rroN COM LILTING Pursuant to your request, American Infrastructure Development, Inc. (AID) is pleased to provide an Independent Fee Estimate (IFE) for Professional Services for the above referenced project. The estimate will be completed in accordance with FAA AC 15015100-14 (Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects). Our understanding of the project is as follows: PROJECT UNDERSTANDING The work consists of taxilane design at the Sebastian Municipal Airport (X26) in accordance with the requirements of the Federal Aviation Administration (FAA), the Florida Department of Transportation (FDOT), and the needs of the City of Sebastian. The scope includes the infrastructure improvements for stormwater to accommodate all new impervious area. No taxidrives, utilities, or parking will be included since it is not eligible for federal funding. All layout design and grading shall be performed with future hangar configuration considerations. Additionally, special services to be provided include geotechnical evaluation and field survey. To complete the independent fee estimate, the following documents were reviewed. 1. Scope of Services. 2. Man-hour fee sheet (Blank) 3. Airport Diagram and other Exhibits. FEE ESTIMATE Based on our understanding of the scope of work, the estimated fee for Professional Services is $70,295.00. This fee was based on a level of effort and cost incurred as if AID was performing the project from its Orlando office. A detailed breakout is attached. As with any consulting firm the hourly rates, overhead charges, expenses, and the use of outside specialty consultants on projects will vary. Therefore, based upon this estimate provided by AID, a consulting firm's estimate to complete this project could fall within a 10 percent range of AID's estimate. American Infrastructure Development, Inc. 1 (407) 926-6611 Phone 37 forth Orange Avenue, Suite 500, Orlando, Florida 32801 238 of 359 Thank you for the opportunity to provide this service. Should you have any questions please contact me at 321.695.5061 if you have any questions or require additional information regarding the fee review. Sincerehv, AMERR�;AN INFRASTRUCTURE DEVELOPMENT, INC. Mark C 'Jansen, P.E. Principal American Infrastructure Development, Inc. 1(407) 926-6611 Phone 37 North Orange Avenue, Suite 500, Orlando, Florida 32801 239 of 359 Fee Summary, X26 Box Hangar Taxilane Extension Task I Totals! Basic Services Phase 2 - Design Development (30%) $ 12,584.00 Phase 3A - Contract Documents (60%) $ 17,970.00 l Phase 3B - Contract Documents (90%) $ 15,394.00 (Phase 3C - Contract Documents (100°/x) $ 11,310.00 Phase 4 - Bidding and Award Services $ - 1 Phase 5 - Construction Administration Services $ - Total Basic Services: $57,258.001 Speclal Services I1 Topographic Surveys 2 Geotechnical Investigations 3 Quality Assurance Testing 4 Aerial PhotographylMappinq 15 Resident Project Representative 16 Stormwater Permitting 17 Prepare Environmental Documentation 18 _ Update the ALP 19 Meeting with the FAA 10 Grant Services (Application/Closeout) 111 Prepare Record Drawings Total Special Services: Expenses Travel Reproduction Permits _ Total Expenses:I (Total Fees: $ 4,000.001 $ 4,000.00 $ -I $ -I $ -I $ 4,037.00 $ -� $ -� $ -I $ -I $ -I $12,037.001 I $ 1,000.00 $1,000.00 $70,295.00 11/812019 240 of 35%ge 1 of 1 an cf SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: April 22, 2020 Aaenda Item Title: Approve Resurfacing of Clay Tennis Courts at Friendship Park Clay by Welch Tennis Courts, Inc. Recommendation: The Procurement Division, on behalf of the Leisure Services Department, recommends that the Council APPROVE the resurfacing of Tennis Courts at Friendship Park. Backaround: The Tennis Courts at Friendship Park were built in 2005 and last resurfaced over six (6) years ago. It is industry recommended that clay tennis courts be resurfaced every 4 to 7 years, depending on climate and usage of the courts. The scope of the resurfacing project will include resurfacing all four (4) tennis courts and the installation of new net posts and court lines. Three (3) vendors were contacted based on qualifications and availability and given the opportunity to submit a quote. Welch Tennis Courts, Inc. provided the lowest price to provide the full scope. If Aaenda Item Requires Expenditure of Funds: Total Cost: $23,300.00 Amount Budgeted in Current FY: $30,000.00 Fund to Be Utilized for Appropriation: General Fund Administrative Services Department Review:-" l Attachments: 1. Price Quote from Welch Tennis Courts, Inc. 2. Price Quote from Fast -Dry Courts 3. Price Quote from Sport Surfaces City Manager uthorization: Date: : g 241 of 359 Welch Tennis Courts, Inc. World's Largest Builder of Fast Dry Courts Construction - Resurfacing - Lighting - Accessories USTA - USPTA FAST DRYING TENNIS COURT ASBA - T1Y RESURFACING PROPOSAL Welch Tennis Courts, Inc. (hereinafter referred to as the "Contractor") proposes to furnish the labor, materials, equipment, and services necessary to resurface the following: four (4) Har -Tru Tennis Courts at: The Friendship Park at 1225 Main Street in Sebastian, Florida. In accordance with, and subject to, the terms, conditions and specifications set forth below, the construction work is referred to in this proposal as the "Project." 1. COURT RESURFACING: The Contractor shall resurface four (4) Har -Tru tennis courts, each court measuring approximately 60 feet by 120 feet. a. The existing line tapes and nails shall be removed. If nails require removal by hand (missing nail heads or nails do not pull out when line tape is removed) or new line tapes require pre -drilling each hole (determined if line tape nails bend during normal installation), a change order shall be issued for the additional work which shall be performed at a rate of $75 per man-hour. b. Scarify court surfaces as needed, clean courts of all excess dead material, surface algae, mold and other organic growth. c. Treat the courts using Welch Tennis A1gaeBlastefm algaecide to inhibit future organic growth. d. Add approximately 5.6 tons Har -Tru material to each tennis court; this material shall be placed with laser -guided grading equipment to provide a smooth and even surface. Courts shall be rolled twice after the placement of the Har -Tru material and once more after installation of the line tapes. The courts may require additional rolling by the Owner to obtain a firmer playing surface. e. New herringbone line tapes shall be installed. f. Provide and install new net posts; the existing nets shall be re -installed. (The replacement of net posts will only be in sleeved/existing foundations. If old net posts or old sleeves cannot be removed, net post replacement and new foundation price: additional $1,800.00 per court) g. The Owner shall be responsible for providing the contractor an onsite dumpster during the resurfacing. 2. CONTRACT PRICE: The Contractor shall resurface the courts specified in this proposal/contract for the following contract price: LASER GRADING FOUR COURTS (adding 5.6 tons per court) 523,.300.00 NOTE: The Contractor makes no guarantee implied or otherwise that the amounts of Har -Tru material shown above will be sufficient to bring the courts to the recommended one (1) inch of total surface material or recommended slope. If during scarification the screening layer is encountered, scarification shall be suspended and application of clay shall proceed without any further scarification. OPTIONS (Options listed below are priced based on the work being performed in conjunction with the work described above.) OPTION 1: WTC 3.0 DTS PROFESSIONAL NET $160.001EA (Initials) 4501 Old U.S. Hwy 41 S. - P.O. Box 7770 - Sun City, FL 33580 - Phone (813) 641-7787 - Fax (813) 641-7795 Toll Free 1-800-282-4415 - Email: info@welchtennis.com - www.welchtennis.coin 242 of 359 2 3. PAYMENT TERMS: A 50% down payment, which is due upon acceptance and signing of this proposal/contract, is required in order to schedule court resurfacing, A final 50% payment shall be due upon completion of the entire Project. NOTE: Payments offered by credit card will incur an additional 4% surcharge for each transaction. Payment of Contractor's invoices is due upon receipt of the invoice by Owner. Late charges, at the rate of 1 %% per month (18% per annum maximum) shall begin to accrue on any unpaid invoice balance, beginning thirty (30) days after the invoice date. Any payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Inc. reserves the right to stop work in the event of non-payment. 4. ESCALATION CLAUSE: If, for any reason, construction of the work contemplated by this agreement does not begin within sixty (60) days from the date this proposal is accepted or signed by the Owner, or if there is a significant price increase in the cost of materials, equipment or energy, through no fault of the Contractor, the contract price(s) specified herein, the time for completion, and any other contract requirements impacted by such price increases or delays in commencement of the work, will be adjusted by written change order modifying this proposallcontract. A price change shall be deemed to be `significant" if the price of any material, equipment, or unit of energy increases by 5% or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. 5. WARRANTY: Welch Tennis Courts, Inc. shall warranty the completed Project to be free of significant defects in workmanship and materials for a period of one (1) year. The warranty shall commence on the date of completion, but will not be enforceable, unless payment is made in the ful l amount of the executed contract, including change orders and late payment fees (if applicable). 6. BUILDING REQUIREMENTS. The Owner shall provide access to the site for tractor -trailers and other vehicles with a weight in excess of twenty tons and provide an area adjacent to the site for storing and preparing materials. The Contractor shall exercise reasonable care in utilizing the access and storage areas but cannot be responsible for damage caused by normal construction operations (for example; damage to sod, landscaping, sprinkler lines, pavement access, etc,). The Owner shall notify, locate and mark for the Contractor, prior to construction, any water, sewer, electrical or other conduits, which are located at the court beneath the ground surface or otherwise obstructed from view, and in the absence of such notice, the Contractor shall not be held liable for any damages to conduits during the course of construction. The Owner shall provide an onsite dumpster for the Contractors use during construction. In the event the Owner is unable to or would like for the Contractor to provide the dumpster, the Contractor shall coordinate the delivery of a constriction dumpster for the jobsite. The costs for the dumpster, including but not limited to pick-up, delivery, monthly/weekly fees, and dump charges, shall be the responsibility of the Owner. 7. BINDING CONTRACT: This agreement and all of its terms and conditions shall be binding upon the parties to this agreement and upon the personal representatives, executors, administrators, heirs and successors assigns of either party. 8. ATTORNEY'S FEES; COSTS OF COLLECTION; VENUE: In the event that a dispute arises out of this agreement, and a civil action is brought by either party to resolve the dispute, then, in such event, the prevailing party, as determined by the Court hearing the matter, shall be entitled to recover its court costs, including reasonable attorney's fees, from the non -prevailing party. In the event that any sums invoiced by Contractor under this agreement are not paid when due, and suit is brought to enforce this agreement or to recover payment of any balance(s) due and owing by Owner under this agreement, Contractor shall be entitled to recover its costs of collection, including reasonable attorney's fees, regardless of whether suit is brought or not. Any action to enforce this contract or any action arising from Fcemdship Parc 4 off Res 8Kh 4 snoso 243 of 359 this contract (which does not include an action to enforce a construction lien under Chapter 713 of the Florida Statutes) shall be brought only in a court of competent jurisdiction in Hillsborough County, Florida. 9. TIME FOR ACCEPTANCE OF PROPOSAL: This proposal and the prices set forth herein shall be valid for only 30 days from the date of this proposal, and must be accepted within such time. 10. ENTIRE AGREEMENT/CHANGES TO AGREEMENT: This proposal, once accepted by Owner, sets forth the entire agreement between the parties, and all oral representations, prior negotiations, understandings, agreements, conditions, and terms discussed between the parties prior to acceptance and signing of this proposal/agreement by Owner are deemed to have merged into this agreement. This agreement may not be modified or amended, except in writing, which is signed by all parties to this agreement. If the Owner of the property upon which the work is to be performed are husband and wife, residing together, the signature of one spouse shall be binding upon the other, and the signing Owner/spouse shall be deemed to have been given the actual authority to bind upon Welch Tennis Courts, Inc. unless and until it is first counter -signed by an authorized officer of Welch Tennis Courts, Inc. SALES REPRESENTATIVE Wayne Marshall, (561) 702-8881 ACCEPTED BY: Total Contract Price (Including Options) (O'kA NER) DATE- Type/Print Name & Title Accepted and Approved By: WELCH TENNIS COURTS, INC. DATE: George Todd, Jr., President Frimdship Park 4 OH Rn BK6 4!512620 244 of 359 4 ADDENDUM #1 This addendum shall become part of the contract documents and shall supersede any verbal or written agreements between Welch Tennis Courts, Inc. and the Owner. Modification of this addendum shall only occur by an executed change order, Customer Name: Project Address: Project Information Sheet Billing Address: Primar+ Contact: Accts Pa,able Contact: Name: Name: Number: Number: Email Address: Email Address: Color Selection: Green Black N/A Other Lighting ❑ ❑ ❑ Fencing ❑ ❑ ❑ Cabana Frames ❑ ❑ ❑ Cabana Canvas ❑ ❑ ❑ ❑ Net Posts ❑ ❑ ❑ Windscreens ❑ ❑ ❑ ❑ By signing below the Owner is authorizing Welch Tennis Courts, Inc. to proceed with the selections above and that all information is accurate and true. (Signature) (Date) (Print Name) FdcndsWp Park 4 OH Res BKb 4/912020 245 of 359 AMERICAN M.FMBER� SPURTS BUILDERS ASSOCIA'ilON PA #16139 80ting: Brian Benton City of Sebastian 1225 Main Street Sebastian, FL 32958 Contact: Brian Benton Telephone: 772-228-7057 E-mail: bbenton@cityofsebastian.org Dear Brian: 19R� J 1400 N.W. 13"" Avenue Pompano Bwch, 11, 33009 ap,d 7,202V PROPOSAL Job Address /Shipping: Merbert Milon City of Sebastian 100 Veterans Memorial Way Sebastian, FL 32958 Thank you for taking the time to allow me an overview of your project needs. Fast -Dry Courts, Inc. proposes to provide the scope of work described as laser -taper resurface four (4) liar -Tru tennis court(s) measuring 120' x 120'. Clean surface to remove visible surface algae and dead material; remove old lines and nails, scarify surface as needed, redistribute excess usable green rock from the low end to the high end, apply 22.5 tons (+/- 5.6 tons per court) of new Har -Tru material using laser guided grading equipment to help reestablish the precise court slope and a more optimal surface depth. Install new herringbone style line tapes secured with 2-1/2" aluminum nails to LISTA specifications. Sand and paint the net posts and rehang owners existing tennis nets. Courts will be rolled to initial firmness. All wastes will be left near the court at Owner's provided dump site for the total cost of $21,395.01). With resurface, include replacing four (4) sets of net posts with 10-S Aluminum External Wind Net Posts for the additional cost of $5,950.00. With resurface, include replacing four (4) nets with top of the line Streamliner nets for the additional cost of $1,575.00. Fast -Dry Courts, Inc. has a proven 32 year track record of exceeding customer expectations. As a family-owned and operated company, we have completed over 9,192 projects without a single lawsuit regarding quality or performance. It is our commitment to quality and professionalism that led the American Sports Builders Association (ASBA) to recognize Fast -Dry Courts, Inc. for excellence in tennis court construction for an unprecedented 23 consecutive years. Over 68% of our projects last year were from existing customers or referrals. Our Project Managers have at least 13 years of experience. Furthermore, we are a licensed General Contractor, bondable and insured up to $3,000,000.00. Should you wish to move forward, a formal agreement will be required prior to job scheduling and commencement. Due to the volatility of pricing for construction materials, this proposal is valid for thirty (30) days from the date of issuance, unless extended in writing by Fast -Dry Courts, Inc. If you have any further questions, please call me at (800)432-2994. Sincerely, �.S Fas4Dro-is, c. Sean Froehling Account Executive www.fast-dr-Y.com & www.10-s.com National: (800) 432-2994 - Local: (954) 979-3111 - Fax: (954) 978-8479 CONSTRUCTION <> RESURFACING <> MAINTENANCE <> SUPPLY 246 of 359 ST30RT April 13'", 2020 Attn: Brian Benton City of Sebastian 1225 Main St Sebastian, FL Dear Brian, 7011 Wilson Rd. WPB FI. 33413 561-964-2001, Fax: 561-964-5009 www.sportsurfaces.com Thank you for giving Sport Surfaces the opportunity to quote you on your clay -tennis court resurfacing needs. Here at Sport Surfaces we believe that the key to successful business is having the right product/service at the right time, offering the best quality for the lowest price. We are continually striving to be the most innovative, creative, service minded company in the tennis industry. We have been in business for many years and our highly skilled technicians are trained to perform all phases of athletic court construction, resurfacing and maintenance. Sport Surfaces has installed top quality athletic courts right in your neighborhood and all over the world. Our Company has a long list of satisfied customers ranging from the US Coast Coast to top seated players. In addition, we carry a full line of sport court equipment, accessories and lighting products. Remember that we guarantee to beat any competitor's price. dust call and show us a lower bid and we will honor their price. Please let us know if you have any questions or comments. For more detailed information about our services and products, please visit our web page at www.sportsurfaces.com We look forward to hearing from you and the possibility of doing business with you. Our reputation and work history guarantee you have made the right decision. Sincerely, s4& D Sales Estimator - Sport Surfaces LLC. Page 1 1 Construction- Resurfacing Supplies Licensed & Insured 247 of 359 SP f�7i`Ti Si.IT�'F7] CE5 7t A f t ..r MW PROPOSAL/AGREEMENT April 13'h, 2020 Attn: Brian Benton City of Sebastian 1225 Main St Sebastian, FL 7011 Wilson Rd. WPB FI. 33413 561-964-2001 Fax: 561-964-5009 www.sportsurfaces.com Agreement made between Sports Surfaces LLC, hereinafter called the Contractor and the City of Sebastian, hereinafter called the Customer for the resurfacing of your (4) existing tennis court with respect to the following terms and specifications: COURT PREPARATION: Area to be approximately: 4 courts: 60' x 120' each Contractor will scrape courts of all foreign materials including excess "dead" bar-tru material. Waste will be removed to a designated area on site. Contractor will scrape algae from edges of court and under net as needed. Contractor will remove line tapes and nails and dispose in designated area on site. Contractor will laser -grade surface using up to 6 tons on each court of new har-tru material per court to help maintain a more precise slope and plane. Contractor will water courts to full depth and roll courts using a Brutus -Tandem Roller, Contractor will install Lee Classic 11 line tapes using aluminum nails in accordance with U.S.T.A. specifications. Contractor will once again, roll, brush and compact material as required. PROVISIONS The Customer agrees to pay a 33% deposit upon acceptance of proposal The Customer agrees to pay a 33% deposit upon commencement The Customer agrees to pay balance upon completion of the above -proposed work. Privacv / Terms and Conditions Policv: CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR PRIVACY / TERMS AND CONDITIONS WHICH CAN BE FOUND BE FOUND ON OUR WEBSITE: httt)s://sDortsurf`aces.cgmiterms-and-conditions/ CREDIT If the Customer does not pay as agreed upon, the Contractor shall have the right to file a lien against the real estate for the amount of the work done. No farther work shall be accomplished if installment payments are not made at the time specified. In the event it is necessary to employ the services of an attorney to secure payment, as per the terms of this agreement, then the customer agrees to pay reasonable attorney fees, Interest of 1 '✓A % per month will be charged on accounts past due April 13`h• 2020 Page 1 2 Construction . Resurfacing Supplies Licensed & Insured 248 of 359 ORT 44242 01 SURF&C"ES IM Attn: Brian Beaton City of Sebastian 1225 Main St Sebastian, FL 7011 Wilson Rd. WPB Fl. 33413 561-964-2001, Fax: 561-964-5009 www.sportsurfaces.com GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of (2) vears from date of completion. This guarantee excludes Normal wear and tear, physical abuse or neglect and any other conditions beyond the contractor's control, such as sub -base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles, intrusion of weeds or grass, etc. Existing cracks may reappear at any time. Proper tennis shoes must be warn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule_ FEE The Contractor agrees to provide tools, materials, labor, supervision and insurance to complete the above work for a sum of "TWENTY TRHREE THOUSAND AND SIX HUNDRED DOLLARS (S23,600.00) **** *All prices are in US Dollars, Prices are subjectto change alter ninety days. Our bid prices are based upon you providing adequate access and storage areas. OPTIONS: Alternate Addition - Please Initial to accept Option 1: Contractor will install and supply (4) pairs of poles, footers, and sleeves ADD 8,000.00 Option 1I: Option III: Respectfully submitted by Proposal accepted by- _ Page 13 Contractor will supply and install (4) tennis nets ADD $1,400.00 Contractor will supply and install (4) pairs of new poles on existing sleeves ADD $1,500.40 SOW4 Vo" Sales Estimator - Sport Surfaces LLC. Title: Construction. Resurfacing Supplies Date: Licensed & Insured 249 of 359 MEMORANDUM Date: March 4, 2020 To: Paul Carlisle, City Manager From: Charles M. Mauti, Vice Mayor ;P,� Re: April 22, 2020 City Council Meeting The following items are to be placed on the City Council agenda of April 22, 2020 as written and without changes or exception: Under Council Matters: 1. The matter of the annexation extension will be open for discussion by the council 2. A "Declaration of Emergency" open for discussion by the council 3. a. Rescind the position of Mayor b. The reorganization of the position of Mayor by the council NB: From the consulting law firm representing the City of Sebastian for the annexation, the consulting attorney representing the City must be present to answer questions regarding the annexation extension. in addition, a second attorney from the consulting, law firm must also be present to answer governmental questions. 4. The Board of Adjustment a. Full council discussion on the Joseph Scozzari matter. 250 of 359 Ron Mantis GOVERNOR Ewe. ') FLORIDA DEPARTMENTof ECONOMIC OPPORTUNITY March 27, 2020 Ms. Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Ms. Frazier: Ken Lawson EXECUTIVE DIRECTOR This letter is in response to the letter dated March 26, 2020, notifying of an extension for the adoption of a proposed amendment DEO 19-01ESR to the City of Sebastian Comprehensive Plan pursuant to Section 163.3184(3), Florida Statutes. The Department acknowledges receipt of the extension notification. The new extended adoption date is March 26, 2021. The Department reminds the City that all citizens who commented on the amendment need to be notified of the extension. If the proposed amendment is adopted, please submit the amendments to the Florida Department of Economic Opportunity, Bureau of Community Planning, Plan Processing Team within 10 working days of adoption pursuant to Section 163.3184(3), Florida Statutes. If you have any questions concerning this matter, please do not hesitate to contact Ms. Kelly Corvin at (850) 717-8499, or myself, at (850) 717-8503. Sincerely, Z5 '�-- -, D. Ray Eubanks Plan Processing Administrator DRE/me Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.FloridaJobs.orq www.twitter.com/FLDEO lwww.facebook.com/FLDEO An equal opportunity employeriprogram. Auxiliary aids and service are available upon request to individuals with ` disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD e uipment via the Florida Relay Service at 711. 2�1 of 359 OTYC)f 0^-S.,T- I U 1-t N HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ` SEBASTIAN, FLORIDA 32956 TELEPHONE (772) 589-5518 www.citvofsebastian.org March 26, 2020 Mr. Ray Eubanks, Plan Processing Administrator Department of Economic Opportunity (DEO) State Planning Agency Plan Processing Team Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, Florida 32399 MAR 2 7 2020 i.f Community Ueva'npment oept ecorvomlc opportunity RE: Request for extension of Proposed City of Sebastian Comprehensive Plan Future Land Use Map Amendment No. 19-01ESR; Graves Brothers Company, 1047 acres. Dear Mr. Eubanks: On October 18, 2019 we received the Department of Economic Opportunity (DEO) review of the City of Sebastian proposed comprehensive plan amendment (Amendment No. 19-01ESR) pursuant to the expedited state review process in Section 163.3184(2) (3), Florida Statutes (F.S.). We respectfully request an extension to the adopted amendment in accordance with Section 163.3184(3) (c) 1, F.S. Final adoption of the comprehensive plan amendment is prevented from occurring within the 180 day timeframe due to three actions which occurred in September/October 2019. First, on or about September 27, 2019, a Writ of Certiorari was submitted to the Circuit Court of Indian River County by private petitioners requesting that the approved Annexation Ordinance pertaining to the land on which the change in land use applies be declared invalid. The Court has yet to rule on this action at the time of this request. Second, on or about September 17, 2019, Indian River County voted to adopt Resolution 2019-75 initiating the conflict resolution procedure under Chapter 164, FS in respect to the same annexation. This matter has been stayed. Third, on or about October 22, 2019, the City filed an Emergency Preliminary injunction in getting the conflict resolution procedure under Chapter 164 stayed. The court on October 30, 2019 ruled to grant the City's Motion for Temporary Injunction. Thus, the conflict resolution procedure cannot proceed without first a ruling from the Circuit Courts on the Writ of Certiorari.. The Circuit Court case, now due to the COVID-19, has been further delayed through April 2020. Therefore, the City of Sebastian has been prevented from proceeding with a final adoption on the Future Land Use Map amendment within the 180 day timeframe. We respectfully request a one year extension (365 days) from this date in order to fulfill all the requirements of the referenced Florida Statutes. 252 of 359 QiYOF SE HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32956 TELEPHONE (772) 589-5516 www.cityofsebastian.org Any questions or comments regarding the proposed amendment should be directed to: Lisa Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Telephone: #772-388-8228 Email: Ifrazier;u cite ofsebastian.or.o Copies of this request have been e-mailed directly to the following review agencies as of this date: Treasure Coast Regional Planning Council, St. Johns River Water Management District, Indian River County, District Four Office of the Florida Department of Transportation, Department of Environmental Protection, Florida Department of State, Department of Education. Should you need any additional information to proceed with this request, please contact me. Sincerely, Lisa Leger Frazier, AICP Community Development Director Cc: Bob Solari, Chairman of the Indian River County Board of County Commissioners Phil Matson, Community Development Director, Indian River County Steven Fitzgibbons, AICP, St. Johns River Water Management District Thomas Lanahan, AICP, Executive Director Treasure Coast Regional Planning Council Stacy L. Miller-NoveIlo, P.E., Director of Transportation Development, District Four Office of the Florida Department of Transportation Pian Review, Department of Environmental Protection Deena Woodward, Historic Preservation Planner, Florida Department of State Kylene Casey, Educational Consultant -Growth Management Liaison, Department of Education 253 of 359 § 2-35 SEBASTIAN CODE ,00M+,. vote of the council members in attendance. Appointment by the council of a member to be the city's representative to a committee or agency shall be deemed to be authorization to attend meetings of said committee or agency. Council members shall be reimbursed for their actual and necessary travel expenses in accordance with policies and procedures adopted by resolution, including mileage costs for travel beyond 75 miles. (Ord. No. 0-00-01, § 4, 2-1-00; Ord. No. 0-04-17, § 3, 9-15-04; Ord. No. 0-06-19, § 2, 10-11-06) Sec. 2-36. Other boards or committees. Absent express authorization within the ordinance or resolution establishing a board or committee of the city, no member of council shall serve thereupon in any capacity. (Ord. No. 0-04-16, § 2, 9-15-04) ARTICLE IIA. PUBLIC EMERGENCIES Sec. 2-37. Public emergencies; mayor to declare states of emergency. Duties of mayor, city manager, city council during emergencies: (1) In accordance with Section 2.06(b) of the Charter of the City of Sebastian and Chapter 870.043 Florida Statutes, the mayor may in times of public emergency, or imminent threat thereof, declare a state of emergency within the boundaries of the city or in any portion thereof and invoke the provisions of F.S. §§ 870-041-870.047, inclusive, as the same may be renumbered or amended from time to time. The city council may terminate a state of emergency at any time. (2) a. The city manager shall be responsible for the overall emergency management function of the city, shall prepare and maintain the city's emergency manage- ment plan, shall coordinate with Indian River County and shall keep the mayor and the city council advised of any action. b. The city manager shall utilize any available means to give the public notice of the declaration of a state of emergency and the specific requirements therein. C. The city manager may issue such orders as are immediately necessary for the protection of life and property; provided, however, that any such orders shall at the earliest practicable time, be presented to the city council for ratification, confirmation, amendment or termination. . . (3) If, due to a disaster or emergency, it becomes impossible for the city council to meet at City Hall, the council may meet upon the call of the mayor or any city councilmember at any other place within the city until city hall is sufficiently repaired to resume meetings there. All reasonable attempts must be made to comply with the Sunshine Law and the Public Records Law of the State of Florida. r. (Ord. No. 0-15-07, § 1, 10-14-15) Supp. No. 60 CD2:6.6 254 of 359 �'CI'Y LIf SEBASMAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN DECLARATION OF LOCAL STATE OF EMERGENCY WHEREAS, Chapter 252.38, Florida Statutes, gives authority to duly constituted municipalities to declare a State of Local Emergency in order to provide for the health and safety of persons and property; and WHEREAS, by virtue of Section 2-37 of the Code of the City of Sebastian, the power to declare a Local State of Emergency is vested in the office of the Mayor, and; WHEREAS, on March 1, 2020, the Governor of the State of Florida issued Executive Order 20-51, directing the declaration of a public health emergency and establishing the State of Florida's response to COVID-19; and WHEREAS, on March 9, 2020, the Governor of the State of Florida issued Executive Order 20-52, declaring that a state of emergency exists in the State of Florida by reason of COVID-19; and WHEREAS on March 13, 2020, President Donald Trump proclaimed that the COVID-19 outbreak in the United States constitutes a National Emergency beginning March 1, 2020; and WHEREAS on March 17, 2020, Indian River County declared a local state of emergency exists in all of Indian River County. NOW, THEREFORE, as Mayor the City of Sebastian, I hereby declare a State of Local Emergency in the City of Sebastian that will continue for the period of time in conjunction with the State of Florida Declaration unless otherwise canceled by the city council and includes the following area(s): a) The recalling or reassigning of City employees from vacation, canceling days off and mobilizing all personnel required for disaster response; b) The suspension of normal leasing and bid procedures to procure space, structures or other items under their normal authority for disaster response; c) The procurement of supplies, equipment, and services without formal bidding procedures; d) The closing to the public of public places including streets, alleys, public ways, parks amusement areas and public buildings; e) The prevention of price gouging for any essential commodity, dwelling unit, or storage facility; f) The conservation of water supplies; and g) The cancellation or rescheduling of City meetings. COVID -19 Initial Page 1 255 of 359 Pursuant to this Declaration, the City Manager through the Chief of Police is hereby authorized to take whatever prudent actions are necessary to ensure the health, safety, and welfare of the community. Enacted: Signed by Mayor: i 04 % Date: Time:. Witness: Y- L.dA&C,0-41r"� Cancelled: Signed by Mayor: Date: Time: Witness: COVID -19 Initial( Page 2 256 of 359 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-51 (Establishes COVID-19 Response Protocol and Directs Public Health Emergency) WHEREAS, Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and and WHEREAS, in late 2019, a new and significant outbreak of COVID-19 emerged in China; WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non-essential travel to or from those countries; and WHEREAS, in response to the recent COVID-19 outbreak in Japan, the CDC has advised older travelers and those with chronic medical conditions to avoid nonessential travel and all travelers to exercise enhanced precautions; and WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuals and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, use of alcohol -based hand sanitizers with 60%-95% 257 of 359 alcohol if snap and water are not readily available and routinely cleaning frequently touched surfaces and ob.iects to increase community resilience and readiness for responding to an outbreak; TTS WHEREAS, two individuals in the State of Florida tested presumptively positive for COVID-19, including a resident of Manatee County and a resident of Hillsborough County; arta WHEREAS, the CDC currently recommends mitigation measures in communities with COVID-19 cases, including staying at home when sick, beeping away from others who are sick and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider; and WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, I, RON, DESANTI<S, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, and all other applicable laves, promulgate the following Executive Order to take immediate effect: Section. 1. because of the foregoing conditions, 1 direct the State Health Officer and Surgeon General, dr. Scott Rivkces, to declare a public health emergency .in the State of Florida, pursuant to his authority in section 381.00315, Florida Statutes. The State Health Officer is authorized and directed to use his judgment as to the duration of this public health emergency. .. Section 2. In accordance with section 381.00147). Florida Statutes, 1 direct the State Health Officer to take any action necessary to protect the public health. Section 3. 1 direct the State Health Officer to follow the guidelines established by the CDC in establishing pratctcals to. control the spread.of COVID-19 and educate the public on prevention. 258 of 359 Section 4. In accordance with section 381.0011(7), Florida Statutes, I designate the Florida Department of Health as the lead state agency to coordinate emergency response activities among the various state agencies and local governments. The State Health Officer, or his designee, shall advise the Executive Office of the Governor on the implementation of these emergency response activities. Section 5. All actions taken by the State Health Officer with respect to this emergency before the issuance of this Executive Order are ratified. Section 6. The Florida Department of Health will actively monitor, at a minimum, all persons meeting the definition of a Person Under Investigation ("PUI") as defined by the CDC for COVID-19 for a period of at least 14 days or until the PUI tests negative for COVID-19. Active monitoring by the Florida Department of Health will include at least the following: A. Risk assessment within 24 hours of learning an individual meets the criteria for a PUI. B. Twice-daily temperature checks. Section 7. The Florida Department of Health, pursuant to its authority in section 381.00315, Florida Statutes, will ensure that all individuals meeting the CDC's definition of a PUI are isolated or quarantined for a period of 14 days or until the person tests negative for COVID- 19. Section 8. 1 hereby direct the Florida Department of Health to make its own determinations as to quarantine, isolation and other necessary public health interventions as permitted under Florida law. Section 9. 1 direct all agencies under the direction of the Governor to fully cooperate with the Florida Department of Health, and any representative thereof in furtherance of this Order. 3 259 of 359 Agencies not under the direction of the Governor are requested to provide such assistance as is required. MILWAS 41CRETARY OF STA E IN 'TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this I st day of March, 2020. 1 /(0)N4DESANTIS, GOVERNOR 4 260 of 359 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-52 (Emergency Management - COVID-19 Public Health Emergency) WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza; and and WHEREAS, in late 2019, a new and significant outbreak of COV1D-19 emerged in China; WHEREAS, the World Health Organization previously declared COVID-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit or restrict non-essential travel to or from those countries; and WHEREAS, on March 1, 2020, 1 issued Executive Order number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 7, 2020, I directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Level 2 to provide coordination and response to the COVID-19 emergency; and WHEREAS, as of March 9, 2020, eight counties in Florida have positive cases for COVID-19, and COVID-19 poses a risk to the entire state of Florida; and 261 of 359 WHEREAS, the CDC currently recommends community preparedness and everyday prevention measures be taken by all individuals and families in the United States, including voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often with soap and water for at least 20 seconds, using of alcohol -based hand sanitizers with 60%-95% alcohol if soap and water are not readily available and routinely cleaning frequently touched surfaces and objects to increase community resilience and readiness for responding to an outbreak; and WHEREAS, the CDC currently recommends mitigation measures for communities experiencing an outbreak including staying at home when sick, keeping away from others who are sick, limiting face-to-face contact with others as much as possible, consulting with your healthcare provider if individuals or members of a household are at high risk for COVID-19 complications, wearing a facemask if advised to do so by a healthcare provider or by a public health official, staying home when a household member is sick with respiratory disease symptoms if instructed to do so by public health officials or a health care provider; and WHEREAS, as Governor, I am responsible for meeting the dangers presented to this state and its people by this emergency. NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. Because of the foregoing conditions, I declare a state of emergency exists in the State of Florida. 2 262 of 359 Section 2. I designate the Director of the Division of Emergency Management ("Director") as the State Coordinating Officer for the duration of this emergency and direct him to execute the State's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Additionally, I designate the State Health Officer and Surgeon General as a Deputy State Coordinating Officer and State Incident Commander. Pursuant to section 252.36(l)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Officer shall confer with the Governor to the fullest extent practicable. The State Coordinating Officer shall also have the authority to: A. Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency. B. Designate additional Deputy State Coordinating Officers, as necessary. C. Suspend the effect of any statute, rule, or order that would in any way prevent, hinder, or delay any mitigation, response, or recovery action necessary to cope with this emergency. D. Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issued by the State Coordinating Officer; however, no such order shall remain in effect beyond the expiration of this Executive Order, to include any extension. Section 3. I order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency. 3 263 of 359 Section 4. I find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to suspend the application of the statutes, rules, ordinances, and orders they administer. Therefore, I issue the following authorizations: A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the Governor may suspend all statutes and rules affecting budgeting to the extent necessary to provide budget authority for state agencies to cope with this emergency. The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extension. B. Each State agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all statutes, rules, ordinances, or orders which affect Ieasing, printing, purchasing, travel, and the condition of employment and the compensation of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or (2) ordered by the State Coordinating Officer. The requirements of sections 252.46 and 120.54, Florida Statutes, shall not apply to any such suspension issued by a State agency; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extensions. 4 264 of 359 G In accordance with section 455.0275, Florida Statutes, pharmacists may dispense up to a 30 -day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. D. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; 2) Entering into contracts; however, political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2 CFR 200.3180) or cost plus percentage contracts as defined by 2 CFR 200.323(d); 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; b) Rental of equipment; 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. E. All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in those portions of the State affected by this emergency, to the extent necessary to meet this emergency. i direct each State agency to report the closure of any State 5 265 of 359 building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political subdivision therein to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2) Provide that list daily to the State Coordinating Officer. Section S. I find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and the funds currently available may be inadequate to pay the costs of coping with this emergency. In accordance with section 252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget Stabilization Fund, Section 6. All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable. Section 7. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. L 266 of 359 Section 8. All activities taken by the Director of the Division of Emergency Management and the State Health Officer and Surgeon General with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty days frons this date unless extended. ATTES' IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 9th day of 'E RETARY OF STAT r v 7 267 of 359 /'� CHARTER § 2.06 Sec. 2.02. Eligibility. No person shall be eligible to hold the office of council member unless he or she is a qualified elector in the city and actually continually resided in the city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office. (Ord. No. 0-84-1, § 1, 2-1-84; Ord. No. 0-93-03, § 2, 1-27-93) Sec. 2.03. Election. (a) Mhere shall be held a general election of two (2) council members on the first Tuesday following the first Monday in November of each even -numbered year and of three (3) council members in each odd -numbered year. (b) The city elections shall have at large voting. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 3, 1-27-93; Ord. No. 0-06-11, § 1, 10-11-06) Sec. 2.04. Term commencement. Swearing in. The terms of newly elected council members shall commence when they are sworn in immediately prior to the first regularly scheduled city council meeting held following certification of the election results. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 4, 1-27-93; Ord. No. 0-11-13, § 2, 7-13-11, 1� election of 11-8-11) Editor's note -Ord. No. 0-11-13, § 2, adopted July 13, 2011 and approved at an election on Nov. 8, 2011, amended § 2.04 title to read as herein set out. Former § 2.04 pertained to terms. Sec. 2.05. Compensation. The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450); (2) Vice -mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). (Res. No. R-82-22, 9-8-82; Res, No. R-87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 1, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election of 3-14-00) Sec. 2.06. Mayor; vice -mayor. (a) Mayor -Selection and term. [Alfter the seating of any newly elected council members at the city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member Supp. No. 50 CHT -7 268 of 359 § 2.06 SEBASTIAN CODE receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. (b) Mayor Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (c) Vice-mayor—Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the vice -mayor shall be for one year or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. (d) Vice -mayor --Duties, general. In the absence or disability of the mayor, the vice -mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice -mayor, the senior member of city council shall serve as mayor during such absence or disability. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting. (Ord. No, 0-91-30, § 1, 1--8-92; Ord. No. 0-93-03, § 5, 1-27-93; Ord. No. 0-99--23, § 1, 11-3-99, election of 3-14-00; Ord. No. 0--06-10, § 1, 10-11-06; Ord. No. 0-06-1.1, § 2, 10-11-06; Ord. No. 0-11-13, § 2, 7-13-11, election of 11-8-11) See. 2.07. General powers and duties. All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, and the city council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. (Ord. No. 0-91-29, § 1, 1-8-92) Supp, No. 50 CHT:B 269 of 359 CHARTER § 2.08 Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. (a.) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office_ (b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council. (c) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection: (1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be filled at that election, or (B) appoint a replacement. (2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. In the event the city council fills a vacancy by appointment, the person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled at that election, and the candidate shall run specifically for that seat on the city council. (d) Filling vacancies in candidacy. In the event that following the close of the official qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates is fewer than the number of seats open for election, the new city council shall fill the vacancy in office in the same manner described above in paragraph (c) of this section. (Ord. No. 0-88-43, § 2,1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord, No. 0-91-30, § 2, 1-8-92; Ord. No. 0-93-02, § 2, 1-27-93; Ord. No. 0-99-24, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-11-09, § 2, 7-13-11, election of 11-8-11) Editor's note—Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the original Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978. Supp. No. 50 CHT:9 270 of 359 § 2.09 SEBASTIAN CODE Sec. 2.09. Judge of qualifications. The Florida Division of Elections, the Florida Elections Commission (or successor state agencies) or the courts shall determine issues relating to the election and qualifications of city council members and of the grounds for forfeiture of their office. (Ord. No. 0-88-43, § 3, 1-11-89; Ord, No. 0-91-29, § 1, 1-8-92; Ord. No. 0-99-25, § 1, 11-3-99, election of 3-14-00; Ord_ No. 0-11-14, § 2, 7-13-11, election of I1-8-11) Editor's note—Section 3 of Ord. No. 0-88-43, adopted January 11, 1989, renumbered § 2.10 as § 2.09. Sec. 2.10. City council-employce relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the city council or any of its members give orders to any employee, other than city council orders to a charter officer_ The city council or its members shall implement all policy matters through the appropriate charter officer. (Ord. No. 0-88-43, § 4, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note See the editor's note following § 2.09. Sec. 2.11. Investigations. The city council may make investigations into the affairs of the city and the conduct of any ?0111� city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. (Ord. No. 0-88-43, § 8, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-11-11, § 2, 7-13-11, election of 11-8-11) Editor's note—Sections 5-7 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former §§ 2.11-2.13 which pertained to the city manager, city clerk and city treasurer and derived from the Charter adopted October 9, 1978, by Ord. No. 0-78-9. Sections 2.14-219 of the Charter were renumbered as §§ 2.11-2.16 by §§ 8-13 of Ord. No. 0-88-43. Sec. 2.1.2. Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. If a public emergency exists any council member or charter officer may call a special meeting, and the advance notice requirement as well as the time restriction shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. (b) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. Supp, No. 50 CHT:10 271 of 359 +, CHARTER § 2.14 (c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote shall be recorded in the minutes of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council, except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; Ord. No. 0-93-02, § 3, 1-27-93; Ord. No. 0-99-26, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-13, § 1, 10-11-06) Editor's note—See the editor's note following § 2.11. Sec. 2.13. Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except an emergency appropriation. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain., after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) members shall be required for adoption. After its adoption the ordinance shall be posted as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except an emergency appropriation shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (Ord. No. 0-88-43, § 10, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note—See the editor's note following § 2.11. State law reference --Uniform minimum requirements for adoption of ordinances, F.S. § 166.041. Sec. 2.14. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that: (1) The requirements of state law for distribution and filing of copies of the ordinance shall 11100.,, be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and Supp. No. 40 CHT:11 272 of 359 § 2.14 SEBASTIAN CODE -0MM%11 (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk. (Ord. No. 0-88-43, § 11, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note See the editor's note following § 2.11. Sec. 2.15. Authentication and recording codification; printing. (a) Authentication and recording. The city clerk shall authenticate by such clerk's signature and record in full in a properly indexed book kept for such purpose all ordinances and resolutions adopted by the city council. (b) Codification. The city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This codification shall be known and cited officially as the Code of Ordinances of the City of Sebastian, Florida. Copies of the Code shall be furnished to city officers, placed in libraries and public offices for free public reference, and made available for purchase by the public at a reasonable price fixed by the city council. The Code of Ordinances of the City of Sebastian, Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed and shall be admissible in evidence in the courts of the state without proof of any procedural notice or action relating to their adoption. (c) Printing of ordinances and resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the city council. Following publication of the first Sebastian City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein. (Ord. No. 0-88-43, § 12, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note—See the editor's note following § 2.11. Sec. 2.16. Standing committees. (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. (b) Periodic reports to the city council shall be made by the standing committees as to the accomplishments and future activities contemplated by each standing committee, as directed by the city council. (Ord. No. 0-88-43, § 13, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 4, 1-8-92; Ord. No. 0-99-27, § 1, 11-3-99) ,�►� Editor's note—See the editor's note following § 2.11. Supp. No. 40 CHT.12 273 of 359 CHARTER § 3.03 ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* DIVISION 1. GENERALLY Sec. 3.01. Creation. The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0-88-43, § 14,1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4,1-27-93; Ord. No. 0-06-14, § 1, 10-11-06) Sec. 3.02. Appointment [of Charter officers]. The Charter officers shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Sec. 3.03. Removal of Charter officers. (a) Any Charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a majority vote of the entire city council. (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proved, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter afficer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a bearing before the city council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the city council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at Ieast three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 5, 1-27-93; Ord. No. 0-99-28, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-29, § 1, 11-3-99, election of 3-14-00) *Editor's note—Section 14 of Ord. No. 0-88-89, adopted January 11, 1989, repealed former Art. III, which contained §§ 3.01-3.05, and enacted a new article III to read as set out herein. The repealed article pertained to similar provisions and derived from the Charter adopted by Ord. No. 0-78-9 on October 19, 1978. Supp. No. 51 CHT:13 274 of 359 § 3.04 SEBASTIAN CODE Sec. 3.04. City manager; powers and duties. (a) The city manager shall be the chief administrative officer of the city. (b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He shall attend all city council meetings unless excused by city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall sea that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget, millage rate and capital program, as presented or as modified, by 100M"� resolution. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. (g) The city manager, as authorized by the City Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 5, 1-8-92; Ord. No. 0-99-23, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-30, § 1, 11-3-99, election of 3-14-00) See. 3.05. City clerk. The city clerk shall give notice of city council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by this Charter or by the city council. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Supp. No. 51 CHT: 14 275 of 359 CHARTER § 4.01 DIVISION 2. POLICE DEPARTMENT Sec. 3.06. Police department. The City of Sebastian shall maintain its own Police Department, and daily operations of said police department will be overseen by a chief of police who will be a certified police officer and who will come under the purview of the city manager. (Ord. No. 0-88-43, § 14,1-11-89; Ord. No. 0-06-15, § 1, 12-13-06) Sec. 3.07. Reserved. Editor's note—Ord. No. 0-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.07, which pertained to the duties and authority of the chief of police and derived from Ord. No. 0-88-43, § 14, adopted Jan. 1, 1989. See. 3.08. Reserved. Editor's note Ord. No. 0-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.08, which pertained to the duties and authority of police officers and derived from Ord. No. 0-88-43, § 14, adopted Jan. 1, 1989 and Ord. No. 0--93-02, § 6, adopted Jan. 27, 1993. DIVISION 3. LEGAL See. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. (c) The city attorney shall receive such compensation as may be determined by the city council. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-06-16, § 1, 10-11-06) ARTICLE IV. ELECTIONS* Sec. 4.01. Adoption of state election lawns. All general laws of the State of Florida, relating to elections and the registration of persons qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or the ordinances of the City of Sebastian, shall be applicable to all city elections. "State law reference—Electors and elections, F.S. ch. 97 et seq. Supp. No. 50 CHT: 15 276 of 359 § 4.02 SEBASTIAN CODE Sec. 4.02. Filing of candidate's oath; fee. (a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation in writing. A printed. copy of the oath or affirmation shall be furnished to the candidate by the city clerk and shall comply with the provisions of Florida law. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty (60) days, but no more than seventy-five (75) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 1, 1-27-93; Ord. No. 0-99-31, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-17, § 1, 10-11-06) Sec. 4.03. Reserved. Editor's note -Section 4.03, pertaining to special municipal elections to elect elective officers was repealed in its entirety by Ord. No. 0-93-04, § 2, adopted January 27, 1993. Sec. 4.04. Special election for other purposes. -�1 A special election for a purpose other than the nomination or election of city officials, may be authorized by resolution at any time by the city council; provided, not less than thirty (30) days nor more than sixty (60) days intervene between the date of the adoption of the resolution and the date of the election, unless a different time be otherwise provided in this Charter by ordinance or by statutory law or constitutional provisions, under authority of which the election is called. Any matter or matters which by the terms of this Charter, which may be submitted to the electors of the city at any special election, may be submitted and voted upon at the regular municipal election. Sec. 4.05. Reserved. Editor's note Ord. No. 0-06-17, § 2, adopted Oct. 11, 2006, repealed § 4.05, which pertained to calling an election by resolution and derived from the original codification. Sec. 4.06. Reserved. Editor's nate-Section 4.06, pertaining to election precincts and polling places and the right for the city to designate same, derived from Ord. No. 0-91-29, § 1, adopted January 8, 1992. Ord. No. 0-93-04, § 3, adopted January 27, 1993, repealed this section in its entirety. Sec. 4.07. Reserved. Editor's note Ord. No. 0-11-08, § 2, adopted July 13, 2011 and approved at an election of Nov. 8, 2011, repealed § 4.07, which pertained to elections ---how arranged; inspectors and clerks and derived from Ord. No. 0-91-29, § 1, adopted Jan. 8, 1992; Ord. No. 0-93-04, § 4, 400MI4.1 adopted Jan. 27, 1993 and Ord. No. 0-06-17, § 3, adopted Oct. 11, 2006. Supp. No. 50 CHT:16 277 of 359 � CHARTER § 4.12 Sec. 4.08. City canvassing board; canvass of election returns. (a) If the city is not holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member shall be the city clerk, one (1) member shall be the city attorney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing board. (b) When a city canvassing board has been constituted, the city canvassing board shall meet at a place and time designated by the chairperson, as soon as practicable after the close of the polls of any municipal election involving the city, at which time, the city canvassing board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the supervisor of elections for Indian River County, Florida. The city canvassing board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the city clerk. (Ord. No. 0-93-04, § 5, 1-27-93; Ord. No. 0-99-32, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-11-13, § 2, 7-13-11, election of 11-8-11) Editor's note—Ord. No_ 0-11-13, § 2, adopted July 13, 2011 and approved at an election on Nov. 8, 2011, amended § 4.08 title to read as herein set out. Former § 4.08 title pertained to the same subject matter. Sec. 4.09. Same—Ballots. The ballots shall conform to the form of ballots prescribed by the general election laws of the State of Florida. (Ord. No_ 0-93-04, § 6, 1-27-93) Sec. 4.10. Reserved. Editor's note—Ord. No. 0-06-17, § 4, adopted Oct. 11, 2006, repealed § 4.10, which pertained to voting machines and derived from the original codification. Sec. 4.11. Reserved. Editor's note—Ord. No. 0-06-17, § 5, adopted Oct. 11, 2006, repealed § 4.11, which pertained to absentee voting and derived from the original codification. Sec. 4.12. Election procedures; tie vote. (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected for two-year terms, or the balance of the term. Stipp. No. 50 CHT:17 278 of 359 § 4.12 SEBASTIAN CODE (b) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the question shall be decided by a special run-off election between the tied candidates to be held no later than thirty (30) days after the results of the initial election are declared by city council. (Ord. No. 0-84-3, § 1, 2-1-84; Ord. No. 0-88-44, § 1, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 7, 1-27-93; Ord. No. 0--98-19, § 1, 11-18-98; Ord. No. 0-99-33, § 1, 11-3-99, election of 3-14-00) Editor's note -Ord. No_ 0-98-19, adopted Nov. 18, 1998, amended § 4.12(b) to read as herein set out. Such amendment was approved by the voters at an election held Mar. 9, 1999. Sec. 4.13. Reserved. Editor's note Ord. No. 0-11-14, § 2, adopted July 13, 2011 and approved at an election on Nov. 8, 2011, repealed § 4.13, which pertained to conduct of candidates for election office and derived from Ord. No. 0-99-34, § 1, adopted Nov. 3, 1999, election of March 14, 2000. See. 4.14. Interim government. Should a condition arise where there should be no city council serving, either through death, resignation or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so. (Ord. No. 0-99-35, § 1, 11-3-99, election of 3-14-00) State law reference Emergency continuity of government, F.S. ch. 22. ARTICLE V. GENERAL PROVISIONS See. 5.01. Severability of provisions. If for any reason any section, paragraph or part of this Charter shall be held invalid or unconstitutional, that fact shall not affect, invalidate or destroy any other section, paragraph or part of this Charter, and the remaining portions thereof shall remain in full force and effect without regard to the section, paragraph or portion invalidated. (Ord. No. 0-93-02, § 7, 1-27-93) Sec. 5.02. Effective date. This Charter shall take effect January 1, 1979. Sec. 5.03. Charter review committee. Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council 1100"x, shall appoint a charter review committee to review the Charter of the city. Each charter review Sapp. No. 50 CHT:18 279 of 359 CHARTER § 6.05 committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. (Ord. No. 0-98-13, § 1, 10-14-98; Ord. No. 0-06-18, § 1, 10-11-06) Editor's note Ord. No. 0-98-13, § 1, amended the Charter by adding § 5.03 to read as herein set forth. Such amendment was approved by the voters at an election held Mar. 9, 1999. ARTICLE VI. TRANSITION Sec. 6.01. Title to property reserved. The title, rights and ownership of all real and personal property, taxes due and unpaid, uncollected permits, dues, fees, judgments, choses in action, penalties, decrees and all property /00-10, rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of Sebastian, a municipal corporation created, existing and organized under the provisions of this Charter. �O Secs. 6.02, 6.03. Reserved. Editor's note Ord. No. 0-99-36, § 1, adopted Nov. 3, 1999, and approved by the voters at an election held Mar_ 14, 2000, repealed §§ 6.02, 6.03, which pertained to unimpaired obligations of the city and holdover of city officers and employees pursuant to the adoption of the 1979 Charter. Sec. 6.04. Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Sec. 6.05. Continuation of former Charter provisions. All provisions of the former city Charter which are not embraced herein and which are not inconsistent with this Charter shall become ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Supp. No. 50 CHT.19 280 of 359 Jeanette Williams From: Andy Hodges <andy@sebastiandaily.com> Sent: Tuesday, April 14, 2020 7:16 PM To: Damien Gilliams Subject: Next Agenda CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Councilman Gilliams, I am working on a story about the next city council meeting. I was reading some of the upcoming agenda items and it shows "Mayor Dodd Illegally closing" the last meeting. Can you touch on that and why you think he closed the meeting illegally? I also see that the council may be reorganizing the Mayor's position. Why would, at a time Iike this with an emergency, would the council be trying to change the position? Thanks, -Andy Andy Hodges Editor -in -Chief Sebastian Daily andvQsebastiandaily.com Website: httt)s://www.sebastialidaily.com Facebook: https://www.facebook.coni/SebastianDailyl Phone: 772-202-4029 1 281 of 359 Regular City CDundl Meeting February 10, 2016 Page Thirteen B. Council Member Jim Hill < -- -- Mr. Hill said he was disappointed in things he had heard have been going on over the last several months, citing a previous Council when members were bickering back and forth and sees this Council moving rapidly in that direction and it is a disservice to the Community. He said the Charter outlines the role of City Council members and the Mayor and specifically states there is no authority of any individual Council member when they are not behind the dais, and no authority of any individual Council member if they cannot convince two others up here and send direction. He said he thinks there have been things going on that are contrary to our Charter and concern him, concerns staff, and is an overstepping of the obligations and responsibilities of a Council member. He said it is the responsibility of the five Council members to police ourselves and make sure we are abiding by the Charter and understanding our rules. He said when we stand in the halls of City Hall we have the exact same authority as any citizen that walks the streets of the community, we need to conduct ourselves like that always, and don't believe that has been done. He said he knows a lot of people who work for the City and has gotten a lot of phone calls, did not want to get into specifics. He asked for a consensus of Council to direct the City Manager, prior to the next City Council meeting, to have a Council reorganization meeting, such as the one that takes place immediately following an election. Ms. Coy seconded, however, Mr. Hill noted we cannot take action, but rather can give the City Manager some form of consensus from the Council to put it on the agenda. Ms. Coy asked if we are entitled to do that by Charter and Mr. Hill said he researched it quite a lot and the Charter does not specifically state that, so he believed that in discussions with others, we can do that, and asked Attorney Armitage if that was correct that with a majority vote we can have that put on the next meeting. Mr. Armitage responded they can direct the City Manager. Mr. Hill said that is what he would like to see happen. Ms. Coy seconded, however there was no motion. Mayor Gillmor said he was not so sure, since the item was not on the agenda, that we can vote on this. He said he thought this was something that would have to be agendized. Ms. Coy said she thought we could direct the Manager. Mr. Hill said put it on the beginning of the next scheduled Council meeting. Mayor Gillmor said he would say alright with a caveat that we have the Attorney research it and find out if that is doable. He said we have certain things that we can do and there are obviously things that the City Council can undertake but was not so sure this is legal. He said he would want a determination before it is put on the agenda_ Mr. Hill asked the Attorney for his opinion on this. Attorney Armitage said there seems to be no reason why it can't but he was not asked to thoroughly research it. 282 of 359 Regular City Council Meeting February 10, 2016 Page Fourteen Mayor Gillmor said that is what he is asking him to do. He said he would not want this put on the agenda if it is not legal For us to do that. Attorney Armitage said if it turns out to be a determination that it is not legal, then it won't be an agenda item, but should it be acceptable, then it can still be an agenda item. Mayor Gillmor said he had a motion and second and asked for a roll call. (There was no motion, only a request for consensus of Council by Mr. Mill). Mr. McPartlan asked if he was taking public input. Mayor Gillmor said there is no public input under Council matters. Ms. Coy said there is really no vote under Council matters and you just gave direction, so be it. Mayor Gillmor said he would like to find out if we have a consensus. Mr. McPartlan said you got a motion and second and he was asking if anybody has any input and we're voting on it. Mr. Hill said we are not voting on it, he is just asking if there is consensus. Mr. McPartlan said yes. Mayor Gillmor said okay there is three (consensus), so be it. C. Council Member Bob McPartlan - None D. Mavor Richard Gillmor - None E, Vice Mavor Jerome Adams - None 17. Being no further business, Mayor Gillmor adjourned the Regular meeting at 7.59 p.m. Approved at the February 24, 2016 Regular City Council Meeting. By: �✓r,-ll _i i Mayor ATTEST: Sally A. Maio., MMC,,Oity Clerk 14 283 of 359 FIS' C� HOME of PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AND COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, FEBRUARY 24, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6.00 p.m. Invocation was given by Vice Mayor Adams in the absence of Pastor Jeff Woods. The Pledge of Allegiance was led by Council Member Hill, 4, ROLL CALL City Council Members Present, Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Hill Council Member Bob Mc'artlan Citv Staff Present: City Manager, Joe Griffin City Clerk, Sally Maio Special Magistrate, Kelley Armitage For City Attorney, Robert Ginsburg Deputy City Clerk, Jeanette Williams City Engineer, Frank Watanabe Deputy Police Chief, Greg Witt Planner, Dorri Bosworth 5. COUNCIL REORGANIZATION - City Manager Transmittal y, Mayor Gillmor said he would make a brief statement as follows: that Sebastian is a wonderful place, it has been his honor to serve the citizens of Sebastian as Mayor for many of the years he has served on City Council, but it has come to pass that three of his cohorts are displeased with his current term and he had no wish to continue as Mayor in this current atmosphere, and read Section 2.06 (e) of the City Charter: Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting - He said he had given his letter of resignation from the position of Mayor to the City Clerk (see letter attached which was provided to the City Clerk in a seated envelope just prior to the start of the meeting by Mayor Gillmor), said as of this minute he was vacating the Office of Mayor and congratulated Mr. Adams. At this time they exchanged seats and he handed the gavel over to (or. Adams. 284 of 359 Regular City Council/CRA Meeting February 24, 2016 Page Two Mayor Adams said before they continued he was not thrilled about the situation, that as Mayor, Mr. Gillmor has done a fantastic job, and if there was any issue, he would hope he would have been given the opportunity to resolve the issues before situations such as this occurred. He said he would reluctantly take on the mantle of Mayor, a great honor, but the manner in which it was bestowed upon him was not in the way he wished. Attorney Armitage asked if the Mayor is planning on calling for nominations for the Office of Vice Mayor. Mayor Adams asked for nominations. Ms. Coy said she had a question about that. MOTION by Mr. Hill and SECOND by Ms. Coy that this Counc'il's decision for Mayor made at the organizational meeting on November 18, 2015 be rescinded and direct Vice Mayor to open nominations for Mayor. Mayor Adams asked the Attorney if that is how we should proceed. Attorney Armitage responded that we are now in an interesting position because the Mayor has resigned and it would be up to the Council whether to accept that or to call for a general reorganization. He said if the Council accepts the Mayor's resignation then the Vice Mayor would have to specify that he would take over, but if the Council does not accept the resignation and calls for general reorganization, then the motion is perfectly fine. Ms. Coy said she personally does not accept the resignation because there have been two whole weeks for this to have occurred, it is the eleventh hour, and had it been done with time to deliberate with the City Manager or there was some time frame involved she would be more comfortable, but at this time we should honor the Council meeting agenda, noting to her knowledge no one here knew this was coming, and do the reorganization. She said Mr. Adams may wind up being Mayor by their selection. MOTION by Ms. Coy not to accept the resignation. Mr. Hill said there was already a motion on the floor and asked the Attorney if the motion was acceptable to cover a general reorganization meeting. Attorney Armitage said it is up to him as the maker of the motion to accept a friendly amendment. Mr. Hill said he would accept the friendly amendment. In response to Attorney Armitage, Ms. Coy said she had seconded the original motion, so she accepted her friendly amendment also. Attorney Armitage asked if they wished to restate the motion as amended by the friendly amendment. MOTION by Mr. Hill and SECOND by Ms. Coy that this Council's decision for Mayor made on our original meeting on November 18, 2015 be rescinded and direct the Vice Mayor to open the floor for nominations for Mayor and reject the resignation of Mayor Gillmor. Mr. Giilmor asked does this mean that every time we have three people that are upset with the Mayor that we can have reorganization, or the Mayor of the month. Attorney Armitage said whatever powers Council granted with the Charter the Council can undo, so since the Charter specifically grants the authority to the Council to decide who serves as Mayor, the Council can undo that decision at a later time. He said in particular, the Charter does not specify a 2 285 of 359 Regular City CouncilIGRA Meeting February 24, 2016 Page Three term for the Mayor but it does specify a term for the Vice Mayor, and the only interpretation they could find is that it is intentional, so perhaps his summary could happen. Mr. Gillmor said it sounds like he was interpreting something where the original intent was that the Mayor would be there once a year, and asked doesn't it state that the reorganization would take place after the election, not whenever you want to reorganize. Attorney Armitage responded it doesn't set out a specific term for Office of Mayor but does specify that the Office of Vice Mayor is for one year, and so reasonable interpretation of inconsistencies like that is that it must be intentional, especially by the number of Charter Review Committees that have reviewed this, and there must be a specific reason why the Mayor does not have a specific term, and the only interpretation is that whatever the Council giveth the Council taketh away. Mayor Adams asked for a clarification of the motion, and Mr. Hill said the motion was to deny acceptance of the Mayor's resignation and to move that this Council's decision for Mayor made at our organizational meeting on November 18, 2105 be rescinded and direct the Vice Mayor to open the floor for nominations for Mayor, and was seconded by Ms. Coy, Mr. Gillmor asked if there would be public comment on this. Tina Cafro, 631 Bayfront Terrace, Sebastian, said she was shocked because she thought Mr. Gillmor was doing a fantastic job, was disgusted that members of Council can't work together on behalf of the members of the town, and the bickering among them is appalling. Norman Meyer, 107 Woodstork Way, said however the Council decides, thanked Mr. Gillmor for his work on the pollution of the Indian River Lagoon. Mayor Adams called for a roll call, but Ms. Coy asked for Council deliberations. Mr. Hill said enough was said at the last meeting, his goal was not to embarrass anyone, appreciated the work of all five individuals sitting on the dais today, but when he gets concerned about the direction he sees, then it is his responsibility as a Councilmember to police the Council and ask fellow Council members if they agree with him. He said he finds this Council has not been moving in a direction he is pleased with, had concerns of Councils of 2007 and 2008 where there were terrible things going on and did not want to see that happen_ He said again he appreciates the hard work of all five individuals up here, looks forward to going forward and resolving all the issues we have in Sebastian efficiently and as a team like we have done in the past, be able to disagree and move on to the next issue. Ms. Coy said she got a lot of phone calls today, was disappointed to she is hearing that this is because Mr. Hill aspires to higher office and that she didn't believe that at all. She said she too prefers not to air stuff and would rather let it stay where it is, admires Mr. Gillmor for resigning knowing something was coming, applauds the work he has done on the lagoon, said an IRL Council member does not have to be Mayor to serve, and nothing will change. She said she appreciates the transparency, cited the entail from Ms. Munoz which was a good summary, and said it is time to move on. Roll Call: Ayes: Coy, Hill, McParfian Nays: Adams, Gillmor Passed: 3-2 286 of 359 Regular CAy Council/CRA Meeting February 24, 2016 Page Four Mayor Adams opened nominations for Mayor. Mr. Gillmor nominated Jerome Adams Ms. Coy nominated Bob McPartlan Roll Cali on nominations: Coy — McPartlan Hill — McPartlan McPartlan --- McPartlan Gillmor — Adams Adams — Adams Mr. Adams congratulated Mayor McPartlan and handed over the gavel. Seats and name plates were changed. Mayor McPartlan opened up nominations for Vice Mayor. Attorney Armitage advised that Mr. Adams stays Vice Mayor. 6. AGENDA MODIFICATIONS - None 7. PROCLAMATIONS, AWARDS, BRIE=F ANNOUNCEMENTS Presentations of proclamations, certiCcales and awards, and grief timely announcements by Council and Staff. No public input or action under this heading. 16.035 A. Proclamation — March for Meals — Accented by Karen Dieal. President/CEO — Senior Resource Association Mayor McPartlan read and presented the proclamation and presented it to Shawna Callaghan. Ms. Callaghan briefly cited program statistics, stressed the importance of healthy meals for seniors, and invited the Council Members to spend a day delivering meals which takes place from March 21 through March 24 at 10 am at SRA headquarters. 16.036 B. Presentation by Indian River Countv Mos uq ito Control — Douo Carlson, Director Mr. Carlson gave a brief Power Point presentation on mosquito control in Indian River County (see attached). Mayor McPartlan noted there are slides on COS -TV that can be updated with this information. Mr. Carlson announced the District's phone 562-2393 and website www.irmosnuito_corn and said any groups that would like a similar presentation can contact him. C. Brief Announcements March 18 - Chamber Concert in Riverview Park 5:30 - 8 pm - Heart of oak Mayor McPartlan read the above referenced announcement. Ms. Coy said she attended the Pelican Landing Assisted Living open house today, said they are 40% booked, and scheduled to open at the end of April. 4 287 of 359 LIT) OF SET1 HOME OF PELICAN ISLAND Council Meeting Date: Agenda Item Title: Recommendation: CITY COUNCIL AGENDA TRANSMITTAL April 22, 2020 Council to determine if they want to allow City Council to be covered under the City insurance benefits package. Background: Council Member Parris asked that the City Council be allowed to participate in the cities insurance package that is currently being provided to full time employees If Agenda Item Requires Expenditure of Funds: See attached spreadsheet Attachments: 1. Minutes of Aug. 12, 2015 City Council meeting 2. Spreadsheet of annual costs 3. E-mail from Council Member Parris Administrative Services Department Review: ` J_l 0 City Manager Authorization Date: ��/S/�t7;2c2 288 of 359 Regular City Council Meeting August 12, 2015 Page Five 12. PUBLIC INPUT George Millar, 405 Rolling Hill Drive, newly appointed Chairman of the Natural Resources Board, said it was his goal to get things moving along with the oyster mats and other different projects, noting the Board was meeting this Friday at 3 pm to discuss the oyster mat program. He invited questions from Council at any time and said appreciated the support of Mr. Watanabe and his staff at meetings they have done a great job, and Board relies heavily on them. Ms. Coy said she knows there were troubling times, but believed he would get the group to overcome this. She offered to serve as a representative from Council if allowed, though she is not in town this Friday. Mr. Millar said Ms. Coy is welcome at any time, and will contact her anytime they feel they need her there. Mayor Gillmor said they have tasked NRB with more than other boards and invited him to come to Council to give reports at his pleasure. 13. NEW BUSINESS 15.123 A. Council Health Care Coveraae (Transmittal. COS Emolovee Health Care Insurance Rates, Elected Official Health Care Coverage Survey) Mayor Gillmor asked if we had a motion on this item. MOTION by Mr. Hill and SECOND by Mayor Gillmor to direct the City Manager to make employee health care available for purchase by Council Members. Mr. Adams said he could look at both sides of the coin, that it could be used as a way of attracting people or as he saw it, as an incentive, but he considers Council to be a part time position which does not rise to the level of requiring health insurance. Mr. McPartlan said being on Council is about service above self, it doesn't matter that 90°1 of governments offer it, if someone thinks they want this perhaps it should be put to the voters, said he could use this as secondary coverage, but if he approved it he would be voting himself a $2000 annual raise for the HRA EBT card givers to employees. Ms. Coy said she did a lot of soul searching to be sure she wasn't being narrow minded and could use dental, never thought about the EBT card, but this is a part-time job. She suggested maybe it be brought up at the next Charter Review and let the public decide, and did not care what the rest of the state does. She said no other part-time employees get health insurance and if they did that would be different. She said you could use the $300 per month expense account if anyone needed health insurance. Mayor Gillmor said he did not feel this is a part time job, citing all the time Ms. Coy puts in for her City, and by calling herself part-time she disrespects herself, citing her work on the Senior Center. He said with his staff ID card he can come in to City Hall at any time, the PD or the Airport, and other part-time employees don't have those types of responsibility. He said virtually every other city offers health benefits to its Council members, Vero gives 51000 per month and benefits, noting the money this Council gets is minimum wage for him. He said this is a benefit he would not use because he has medicare. 289 of 359 Regular City Council Meeting August 12, 2015 Page Six Mr. Hill said any suggestion that he was trying to get an extra perk is ludicrous, he is starting on his 12`h year on Council, is not running for re-election, but said Sebastian is falling behind and that Council would not be getting anything but being allowed to buy into the group health coverage, and would pay for family health coverage. He said the Federal government has determined affordable health care should be available to everyone, and 80% of cities are ahead of us on this. He said he does not vote on things based on benefit to him, and most people he talked to think it's ludicrous that Council doesn't have insurance. He noted in 2006 the charter committee brought up a salary increase for voters, Council said we are not going to put it up for referendum, voted a $300 travel allowance for itself, and Ms. Coy made the motion. Ms. Coy said she did not think she made that motion, that the Charter Committee had put up a raise to the public twice since she was on Council, and twice the public said no raise. She said the $300 was an expense account, and Mr. Hill said travel expense. Roll Call Ayes: Hill, Gillmor Nays: McPartlan, Adams, Coy Failed: 2-3 15.130 B. Uodate on Grant ADNications Informational Only (Transmittal, Table of Grant Proiects ) The City Manager said he had provided a synopsis of grants sought in the last year to elicit comments about the philosophy of what we have gone after. 15.131 C. Consider Endorsement of "Open Letter" to Florida Leaoue of Cities Members by Floridians for Solar Choice (Transmittal, Copv of "Open Letl&') MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve. Tim Glover, Micco, addressed City Council on the issue of the open letter to Florida League of Cities by various municipalities asking them not to oppose the amendment submitted by Floridians for Solar Choice. He said he thought the idea of the amendment was to promote more free market for the solar industry, and cited examples of projects that could take place, and requested support of the City Council. Ms. Coy asked if Vice Mayor Adams as a member of the FLC Legislative Committee, could bring the letter to the attention of FLC at the conference this weekend. She said it is important we have choice. Mayor Gillmor said we don't need to change the constitution because there are unintended consequences, it has been cited that there are companies that will prey on homeowners, there are structures in place, and the electrical company has a large investment in other energy sources. Ms. Coy asked where it says we need a constitutional amendment, and Mayor Gillmor said Floridians for Solar Choice is working to place an amendment to the constitution on the 2016 ballot to place solar on your roof. Ms. Coy said she stands corrected. Roll Call: Ayes: Adams, Coy Nays: Hili, McPartlan, Gillmor Failed: 2-3 14. CITY ATTORNEY MATTERS - None 290 of 359 City of Sebastian Employee Insurance Benefits (October 2019 - September 2020) PLAN Medical Employee Only Employee + Spouse Employee + Child(ren) Employee + Family Dental (Base Plan) Employee Only Employee + Spouse Employee + Child(ren) Employee + Family Dental (Buv-Up Plan)) Employee Only Employee + Spouse Employee + Child(ren) Employee + Family Vision Employee Only Employee + Family ANNUAL ANNUAL PREMIUM RATE EMPLOYEE COST 7,036 300 16,299 3,827 12,601 2,398 21,366 5,788 ANNUAL ANNUAL CITY COST CITY COST 6,736 up to $ 2,500 12,471 up to $ 5,000 10,202 up to $ 5,000 15,578 up to $ 5,000 355 0 355 nla 717 181 536 nla 984 315 670 nla 1,346 495 851 nla 430 75 355 nla 869 333 536 nla 1,193 524 670 nla 1,632 781 851 nla 45 0 45 nla 136 45 90 nla 291 of 359 ��arita Hernandez From: Paul Carlisle Sent: Wednesday, April 15, 2020 2:16 PM To: Jeanette Williams; Margarita Hernandez Subject: FW: Hi Paul From: Pamela Parris Sent: Tuesday, April 14, 2020 1:53 PM To: Paul Carlisle Subject: Hi Paul Please put reconsideration of health insurance for council members on agenda. Thanks 292 of 359 Jeanette Williams From: Manny Anon Sent: Thursday, April 02, 2020 11.41 AM To: Ed Dodd; Charles Mauti; Jim Hill; Pamela Parris; Damien Gilliams Cc: Paul Carlisle; Jeanette Williams Subject: Governor DeSantis Executive Order 20-90 Attachments: Gov DeSantis EO 20-91 Essential Services.pdf; Remote Work Policy Final Signed 3.25.20.pdf ***** Please do not Reply All Thank you******* To Mayor Dodd, Vice Mayor Mauti and Council Members: Please be advised IAW EO 20-91, Section 1 — Safer at Home and the City of Sebastian's Remote Work Policy, I will be staying and working remotely from home through April 30`h in order to take all measures to limit the risk of exposure to COVID-19 while still attending to city matters. As such, I will be taking the following procedures: 1. I will be forwarding my office phone to my city cellphone; 2. I can be reached on my city cellphone at 772-205-8980; 3. I can also be reached on my city email at manonCacitvofsebastian.or�-y; 4. 1 will be taking my laptop home and will use VPN, for security purpose, to log onto my city account; 5. I will be monitoring and reviewing all emails and will be responding accordingly; 6. If anything needs to be research, I request that the issue be provided in writing via an email, attach anything you want me to review and I will "reply to all"; 7. Anything pertinent and relevant to the City of Sebastian that I receive through League of Cities, Atty- List or LocGovTopics pertaining to COVID-19, I will share with the Council and Chartered Officers; 8. I will be in daily contact with both of the Charter Officers, the City Manager and City Clerk; 9. I have instructed all Department Heads that they can call or email me if they have any issues they want to discuss or matters that they need me to review; 10. 1 will make myself available for any upcoming City of Sebastian Council Meeting or any emergency that might arise. I want to wish you and your families good health, great blessings and be safe as we all learn to navigate these new untested waters. Respectfully, MANNY ANON, JP,,.,. E.SQ CITY ATTORNEY CITY OF SEBASTIAN 1225 MAIM STREET SEBASTIAN, FL. 32958 7'72-388-8201 (OFFICE) -772-38 3-4420 (FAX) 293 of 359 Please Note: Florida has a very broad Public Records Law. Unless specifically exempt by state Jaw, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business, it may therefore be subject to public disclosure. 294 of 359 STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-91 (Essential Services and Activities During COVID-19 Emergency) WHEREAS, on March I, 2020, I issued Executive Order 20-5I directing the Florida Department of Health to issue a Public Health Emergency; and WHEREAS, on March 1, 2020; the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and WHEREAS, on March 1.6, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and WHEREAS, on March 29, 2020, the President extended such guidance to be in effect until April 30, 2020; and WHEREAS, on March 31, 2020, the President updated the guidance, renaming it "30 Days to Slow the Spread", and along with the White House Coronavirus Task Force urged Americans to continue to adhere to the guidelines and expand community mitigation efforts; and 295 of 359 WHEREAS, the majority of individuals in Florida that have tested positive for COVID-19 have been concentrated in its southeastern counties and other urban cores; and WHEREAS, positive cases of COVII)-19 have continued to rise in other states in close proximity to Florida, resulting in increased risk to counties in northern Florida; and WHEREAS, many thousands of people fled the New York City region to Florida following New York State issuing a "shelter -in-place" order, thereby jeopardizing the health and safety of Floridians; and WHEREAS, on March 2.3, 2020, 1 issued. Executive Order 20-80, requiring; all individuals that fly into Florida from states with substantial community spread to self -isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and WHEREAS, on March 27, 2020, I issued Executive Order 20-86, requiring all individuals that drive into Florida from states with substantial community spread to self - isolate in Florida for 14 days or the duration of their trip, whichever is shorter; and WHEREAS, persistent interstate travel continues to pose a risk to the entire state of Florida; and WHEREAS, on March 24, 2020, I issued Executive Order 20-831, directing the State Surgeon General and State Health Officer to issue a public health advisory urging the public to avoid all social or recreational gatherings of 10 or more people and urging those who can. work remotely to do so; and WHEREAS, it is necessary and appropriate to take action to ensure that the spread of COVID-19 is slowed, and that residents and visitors in Florida remain safe and secure. NOW, THEREFORE, 1, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitutiop Chapter 2 296 of 359 252, Florida. Statutes, and all other applicable laws, promulgate the following Executive Order totake immediate effect: Section 1. Safer At Home A. Senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease; moderate-to-severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) shall stay at Dome and take all measures to limit the risk of exposure to COVID-19. B. In concert with the efforts of President Trump and the White House Coronavirus Task Force to fight COVID-19, and based on guidance provided by Florida Surgeon General and State Health Officer, Dr. Scott Rivkees, all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities. Section 2. Essential Services A. For purposes of this Order and the conduct it limits, "essential services" means and encompasses the list detailed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, v. 2 (March 28, 2020) (attached) and any subsequent lists published. B. Essential services also include those businesses and activities designated by Executive Order 20-89 and its attachment which consists of a list propounded by Miami -Dade County in multiple orders. C. Other essential services may be added under this Order with the approval of the State Coordinating Officer, in close coordination with the State Health Officer. The State Coordinating Officer shall maintain an online list of essential services, as specified in this Order along with any approved additions. The online list shall be available on the Division of 297 of 359 En�ergency Health �s Management, s website at ti Site at�y 11�oth vtvw'floridahealth °vOridadisaster.Or a Order exec°usages i f ng in this order Prohibits nd the Florida Depa xldit�d bits indiv. rtMent of cU E 411 business.. Uals to work tom Iron IdUals froln ,orkin rbside service 0Utsi esses or Organization e g froln h"e: indeed rt'ic to the greatest exte d e °f�e business or S are en�Uraged to ,this ntpracti °rganization op�DVide de/ive�,, c Section 3 Ess cable. ' Of Orders placed ark ottt O and �. F°rAUrpos ential,�ctivities online °t via telephone, r cncOmpasses the fo11° s of this orderd th ] �ttte wing. e conduct it limits, e nding religious essential actin` ' Of4.Orsh] g]oUs sen'ices sties means Ii pic' p' and Conducted ]n churches guidel-]paring in recreation s synagogues and hou ]nest such1 actlyid ses s�']mrrlingy as walking, bikin � ('Consistent with ]ii. Toting Gare, and g, hying, fishing, soc]al distancing ] v- ""ring of pets and hunti �]n ng, r ng for or Otherwise g, or COOT other essential assisting a dinating pffcer, activities may be COOrdi in c ad �°ved one or friend. 10 de alongHating Of,-,,,, shall nr se coordination w. d t0 this list with th with any a d alntain an online lis With the Stare He e approval Of S pprOye ne he tate additions alth Oflicer. C. � t of essential acti The 1 Urns social vities• State ]n a dictlons Shall ensUie gathering in a Public ass in this Q nypuhlic space that groups o fpepple ]c space is not � sties es greater than tell are no sential activity t permitted t Local 4 o co 298 Of 359 Section 4. focal Orders in Response to COVID-19 This Order shall stipersede any conflicting official fiction or order issued by local officials in response to COVID-19 but only to the extent that such action or order allows essential services or essential activities prohibited by this Executive Order. Section 5, Previous Executive Orders This Executive Order does not supersede any Executive Order related to COVID-19. Section 6. Effective Date and Expiration Date This Order is effective 12001 am on April 3.2020. This Order shall expire on April 30. 2020 unless extended by subsequent order. Executive Order 20-68 (bars, restaurants) and Executive Order 20-71 (alcohol sales, restaurants) shall remain in effect through the duration of Exceutive Order 20-52, including any extensions. A'l-'rEST: IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed. at Tallahassee. this I st day of April, 2020 T S*C-ARP OF ST:1"fl �i 299 of 359 U.S. Department of Homeland Security C.ybenecurity & infrastrructurc Security Agency Office of the Uirecror wgshingtan, DC 20529 awr>•�, g„�x ifs ' MER-INFRASTRUMURE March 28, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: Christopher C. Krebs . Director Cybersecurity and Infrastructure Security Agency (CISA) As the Nation comes together to slow the spread of COVID-19, on March 16th the President issued updated Coronavirus Guidance for America that highlighted the importance of the critical infrastructure workforce_ The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security's authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an "Essential Critical Infrastructure Workforce" advisory list, Thislistisintendedtohelp State, local, tribal andterritvrialofficials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID- I 9 -related concerns of particular jurisdictions. This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion. The advisorylist identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and Healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, 300 of 359 and public works. State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal. Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Similarly, while adhering to relevant public health guidance, critical infrastructure owners and operators are expected to use their own judgement on issues of the prioritization of business processes and workforce allocation to best ensure continuity of the essential goads and services they support. All decisions should appropriately balance public safety, the health and safety of the workforce, and the continued delivery of essential critical infrastructure services and functions. While this advisory list is meant to help public officials and employers identify essential work functions, it allows for the reality that some workers engaged in activity determined to be essential may be unable to perform those functions because of health-related concerns. CISA will continue to work with our partners in the critical infrastructure community to update this advisory list if necessary as the Nation's response to COVID-19 evolves. Should you have questions about this list, please contact CISA at CIS AT'AT cisaAlls. ov. Attachment: "Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0" 301 of 359 Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience In COVID-19 Response Version 2.0 (March 28, 2020) THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations. This advisory guidance and accompanying list are intended to support state, local, tribal, territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response. This document gives advisory guidance on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. CISA will continually solicit and accept feedback on the list and will evolve the list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work with partners on how they are using this list and share those lessons learned and best practices broadly. Feedback can be sent to CISA.CAT@CiSA.DHS.GOV. CONSIDERATIONS FOR GOVERNMENT AND BUSINESS This list was developed in consultation with federal agency partners, industry experts, and State and local officials, and is based on several key principles: 1. Response efforts to the COVID-19 pandemic are locally executed, state managed, and federally supported. 2. Everyone should follow guidance from the CDC, as well as State and local government officials, regarding strategies to limit disease spread. 3. Workers should be encouraged to work remotely when possible and focus on core business activities. In- person, non -mandatory activities should be delayed until the resumption of normal operations. 4. When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of spreading the disease. This includes, but is not necessarily limited to, separating staff by off -setting shift hours or days and/or social distancing. These steps can preserve the workforce and allow operations to continue. 5. All organizations should implement their business continuity and pandemic pians or put plans in place if they do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the health and safety of the employees. 6. Reliance on technology and just•in-time supply chains means that certain workers must be able to access Certain sites, facilities, and assets to ensure continuity of functions. 7. Government employees, such as emergency managers, and the business community need to establish and maintain lines of communication. 8. When government and businesses engage in discussions about essential critical infrastructure workers,they need to consider the implications of business operations beyond the jurisdiction where the asset or facility is located. Businesses can have sizeable economic and societal impacts as well as supply chain dependencies that are geographically distributed. 9. Whenever possible, jurisdictions should align access and movement control policies related to critical infrastructure workers to lower the burden of workers crossing jurisdictional boundaries. IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS The following list of identified essential critical infrastructure workers is intended to be overly inclusive reflecting the diversity of industries across the United States. HEALTHCARE / PUBLIC HEALTH • Workers who perform critical clinical research, development, and testing needed for COVID-19 response. • Healthcare providers and Caregivers including physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, optometrists, speech pathologists, chiropractors, and diagnostic and therapeutic technicians and technologists. • Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.). • Workers in other medical and biomedical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Nursing Care Facilities, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical good and supplies). • Manufacturer workers for health manufacturing (including biotechnology companies), materials and parts suppliers, logistics and warehouse operators, distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products. • Public health / community health workers, including those who compile, model, analyze and communicate public health information. • Blood and plasma donors and the employees of the organizations that operate and manage related activities. • Workers who manage health plans, billing, and health information, who cannot practicallywork remotely. • Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practicallywork remotely. • Workers performing information technology and cybersecurityfunctions at healthcare and public health facilities, who cannot practicallywork remotely. • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely. • Pharmacy employees necessary to maintain uninterrupted prescription filling. • Workers performing mortuary funeral, cremation, burial, cemetery, and related services, including funeral homes, crematoriums, cemetery workers, and coffin makers. ■ Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental/behavioral health services to the family members, responders, and survivors of an incident. LAW ENFORCEMENT, PUBLIC SAFETY, AND OTHER FIRST RESPONDERS • Public, private, and voluntary personnel (front line and management) in emergency management, law enforcement, fire and rescue services, emergency medical services, and private security, to include public and private hazardous material responders, air medical service providers (pilots and supporting technicians), corrections, and search and rescue personnel. • 911 call center employees and Public Safety Answering Points who can't perform their duties remotely. • Fusion Genteremployees. • Workers - including contracted vendors - who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations (to include electronic security and life safety security personnel). • Workers supporting the manufacturing of safety equipment and uniforms for law enforcement, public safety personnel, and first responder. • Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges. • Public agency workers responding to abuse and neglect of children, elders, and dependentadults, • Workers who support weather disaster/ natural hazard mitigation and prevention activities. • Security staff to maintain building access control and physical security measures_ FOOD AND AGRICULTURE • Workers supporting groceries, pharmacies, convenience stores, and other retail (including unattended and vending) that sells human food, animal/pet food and pet supply, and beverage products, including retail customer support service and information technology support staff necessary for online orders, pickup and delivery. • Restaurant carry -out and quick serve flood operations, including dark kitchen and food prep centers, and carry- out and delivery food employees. • hood manufacturer employees and their supplier employees—to include those employed in food ingredient production and processing facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food, beverage production facilities; and the production of food packaging. • Farmers, farm workers, and agribusiness support services to include those employed in auction and sales: grain and oilseed handling, processing and distribution; animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce our flood supply domestically and for export. • Farmers, farm workers, support service workers, and their supplier employees to include those engaged in producingand harvestingfield crops; commodity inspection; fuel ethanol facilities; biodiesel and renewable diesel facilities; storage facilities; and other agricultural inputs. • Employees and firms supporting the distribution of food, feed, and beverage and ingredients used in these products, including warehouse workers, vendor- managed inventory controllers and blockchain managers. • Workers supporting the sanitation and pest control of all food manufacturing processes and operations from wholesale to retail. • Employees in cafeterias used to feed employees, particularly employee populations sheltered against COVID-19. • Workers in animal diagnostic and food testing laboratories in private industries and in institutions of higher education. • Government, private, and non-governmental organizations' workers essential for food assistance programs (including school lunch programs) and government payments. • Employees of companies engaged in the production, storage, transport, and distribution of chemicals, medicines, vaccines, and other substances used by the food and agriculture industry, including seeds, pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids. • Animal agriculture workers to include those employed in veterinary health (including those involved in supporting emergency veterinary or livestock services); raising of animals for food; animal production operations; livestock markets; slaughter and packing plants, manufacturers, renderers, and associated regulatory and government workforce. • Transportation supporting animal agricultural industries, including movement of animal medical and reproductive supplies and materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, live animals, animal by-products, and deceased animals fordisposal. • Workers who support sawmills and the manufacture and distribution of fiber and forest products, including, but not limited to timber, paper, and other wood andfiberproducts. • Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary for agricultural production and distribution. ENERGY • Workers supporting the energy sector, regardless of the energy source (including but not limited to nuclear, fossil, hydroelectric, or renewable), segment of the system, or infrastructure the worker is involved in, or who are needed to monitor, operate, engineer, and maintain the reliability, safety, environmental health, and physical and cyber security of the energysystem. • Energy/commodity trading/scheduling/marketing functions, who can't perform their dutiesremotely. • IT and OT technology for essential energy sector operations including support workers, customer service operations; energy management systems, control systems, and Supervisory Control and Data Acquisition SCADA systems, and energy sector entity data centers; cybersecurity engineers; and cybersecurity risk management. • Workers supporting the energy sector through renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, ocean, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics, • Workers and security staff involved in nuclear re fueling operations. • Providing services related to energy sector fuels (including, but not limited, petroleum (crude oil), natural gas, propane, natural gas liquids, other liquid fuels, nuclear, and coal), supporting the mining, processing, manufacturing, construction, logistics, transportation, permitting, operation/ maintenance, security, waste disposal and storage, and monitoring of support for resources. • Environmental remediation/monitoring, limited to immediate critical needs technicians. • Manufacturing and distribution of equipment, supplies, and parts necessary to maintain production, maintenance, restoration, and service at energy sector facilities (across ail energy sector segments). Electricity Industry: • Workers who maintain, ensure, or restore, or are involved in the development, transportation, fuel procurement, expansion, or operation of the generation, transmission, and distribution of electric power, including call centers, utility workers, engineers, retail electricity, constraint maintenance, and fleet maintenance technicians - who cannot perform their duties remotely. Workers at coal mines, production facilities, and those involved in manufacturing, transportation, permitting, operation/maintenance and monitoring at coal sites which is critical to ensuring the reliability of the electrical system. • Workers who produce, process, ship and handle coal used for power generationand manuracturing. • Workers needed for safe and secure operations at nuclear generation to include but not limited to, the broader nuclear supply chain, parts to maintain nuclear equipment, fuel manufacturers and fuel components used in the manufacturing of fuel. • Workers at renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. • Workers at generation, transmission, and electric black start facilities. • Workers at Reliability Coordinator, Balancing Authorities, and primary and backup Control Centers, including but not limited to independent system operators, regional transmission organizations, and local distribution control centers. • Mutual assistance personnel which may include workers from outside of the state or local jurisdiction. • Vegetation management and traffic control for supporting those crews. • Environmental remediation/monitoring workers limited to immediate critical needs technicians. • Instrumentation, protection, and control technicians. • Essential support personnel for electricity operations. + Generator set support workers such as diesel engineers used in powergeneration including those providing fuel. Petroleum industry; • Workers for onshore and offshore petroleum drilling operations; platform and drilling construction and maintenance; transportation (including helicopter operations), maritime transportation, supply, and dredging operations; maritime navigation; well stimulation, intervention, monitoring, automation and control, extraction, production; processing; waste disposal, and maintenance, construction, and operations. • Workers for crude oil, petroleum and petroleum product storage and transportation, including pipeline, marine transport, terminals, rail transport, storage facilities and racks and roacitransport for use as end- use fuels such as gasoline, diesel fuel, jet fuel, and heating fuels or feedstocks for chemical manufacturing. • Petroleum and petroleum product security operations center employees and workers who support maintenance and emergency response services. • Petroleum and petroleum product operations control rooms/centers and refinery facilities. • Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them. • Supporting new and existing construction projects, including, but not limited to, pipeline construction. Natural Gas, Natural Gas Liquids (NGL), Propane, and other liquid fuels • Workers who support onshore and offshore drilling operations, platform and drilling construction and maintenance; transportation (including helicopter operations); maritime transportation, supply, and dredging operations; maritime navigation; natural gas and natural gas liquid production, processing, extraction, storage and transportation; well intervention, monitoring, automation and control; waste disposal, and maintenance, construction, and operations. • Transmission and distribution pipeline workers, including compressor stations and any other required, operations maintenance, construction, and support for natural gas, natural gas liquid, propane, and other liquid fuels. • Natural gas, propane, natural gas liquids, and other liquid fuel processing plants, including construction, maintenance. ar support operations. • Natural gas processing plants workers, and those that deal with natural gasliquids. • Workers who staff natural gas, propane, natural gas liquids, and other liquid fuel security operations centers, operations dispatch and control rooms/centers, and emergency response and customer emergencies (including leak cat Is)operations. • Dispatch and control rooms and emergency response and customer emergencies, including propene leak calls. • Propane gas service maintenance and restoration, including call centers. • Propane, natural gas liquids, and other liquid fuel distribution centers. • Propane gas storage, transmission, and distribution centers. • Supporting new and existing construction projects, including, but not limited to, pipeline construction. • Ethanol and biofuei production, refining, and distribution. • Workers in fuel sectors (including, but not limited to nuclear, coal, and gas types and liquid fuels) supporting the raining, manufacturing, logistics, transportation, permitting, operation/ maintenance, and monitoring of support for resources. Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including: • Operational staff at water authorities. • Operational staff at community watersysterns. • Operational staff at wastewater treatment facilities. • Workers repairing water and wastewater conveyances and performing required sampling or monitoring, including field staff. • Operational staff for water distribution and testing. • Operational staff at wastewater collection facilities. • Operational staff and technical support for SCADA Control systems. • Chemical and equipment suppliers to water and wastewater systems and personnel protection. • Workers who maintain digital systems infrastructure supporting water and wastewater operations. • Employees supporting or enabling transportation functions, includingtruck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, Department of Motor Vehicle (DMV) employees, towing/recovery services, roadside assistance workers, intermodal transportation personnel, and workers who maintain and inspect infrastructure (including those that require cross jurisdiction travel). • Workers supporting the distribution of food, pharmaceuticals (including materials used in radioactive drugs) and other medical materials, fuels, chemicals needed for water or water treatment and energy Maintenance and operation of essential highway infrastructure, including roads, bridges, and tunnels (e.g., traffic operations centers and moveable bridge operators). • Employees of firms providing services, supplies, and equipment that enable warehouse and operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. Includes cold- and frozen -chain logistics for food and critical biologic products. • Mass transit workers and providing critical transit services and/or performing critical or routine maintenance to mass transit infrastructure orequipment. • Employees supporting personal and commercial transportation services - including taxis, delivery services, vehicle rental services, bicycle maintenance and car -sharing services, and transportation network providers. • Workers responsible for operating and dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment. • Maritime transportation workers, including dredgers, port workers, mariners, ship crewmembers, ship pilots and tug boat operators, equipment operators (to include maintenance and repair, and maritime -specific medical providers), ship supply, chandler, and repair companies. • Workers including truck drivers, railroad employees and contractors, maintenance crew, and cleaners supporting transportation of chemicals, hazardous, medical, and waste materials to support critical infrastructure, capabilities, functions, and services, including specialized carriers, crane and rigging industryworkers. • Bus drivers and workers who provide or support intercity, commuter and charter bus service in support of other essential services or functions. • Automotive repair, maintenance, and transportation equipment manufacturing and distribution facilities (includingthose who repairand maintain electric vehicle charging stations). • Transportation safety inspectors, including hazardous material inspectors and accident investigator inspectors. • Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations. • Postal, parcel, courier, last -mile delivery, and shipping and related workers, to include privatecompanies. • Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, bicycles, and the equipmentand infrastructure that enables operations that encompass movement of cargo and passengers. • Air transportation employees, including air traffic controllers and maintenance personnel, ramp workers, aviation and aerospace safety, security, and operations personnel and accident investigations. • Workers who support the operation, distribution, maintenance, and sanitation, of air transportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on- and off- airport facilities workers. • Workers supporting transportation via inland waterways such as barge crew, dredging, river port workers for essential goods. • Workers critical to rental and leasing of vehicles and equipment that facilitate continuity of operations for essential workforces and other essential travel. • Warehouse operators, including vendors and support personnel critical for business continuity (including HVAC & electrical engineers; security personnel; and janitorial staff) and customer service for essential functions. PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES • Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues. • Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintainingthe safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response. • Workers who support, such as road and line clearing, to ensure the availability of and access to needed facilities, transportation, energy andcommunications. • Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste, including landfill operations. • Workers who support the operation, inspection, and maintenance of essential dams, locks and levees. • Workers who support the inspection and maintenance of aids to navigation, and other government provided services that ensure continued maritime commerce. COMMUNICATIONS AND INFORMATION TECHNOLOGY Communications: • Maintenance of communications infrastructure- including privately owned and maintained communication systems- supported by technicians, operators, call -centers, wireline and wireless providers, cable service providers, satellite operations, Internet Exchange Points, Points of Presence, Network Access Points, track haul and front haul facilities, and manufacturers and distributors of communications equipment. • Government and private sector employees (including government contractors) with work related to undersea cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and covers, submarine cable depots and submarine cable ship facilities. • Government and private sector employees (including government contractors) supporting Departmentof Defense internet and communicationsfacilities. • Workers who support radio, television, and media service, including, but not limited tofront-line news reporters, studio, and technicians for newsgathering, and reporting, and publishing news. • Network Operations staff, engineers and/or technicians to include IT managers and staff, HVAC & electrical engineers, security personnel, software and hardware engineers, and database administrators that manage the network or operate facilities. • Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables, buried conduit, small cells, other wireless facilities, and other communications sector -related infrastructure. This includes construction of new facilities and deployment of new technology as these are required to address congestion or customer usage due to unprecedented use of remoteservices. • Installation, maintenance and repair technicians that establish, support or repair service as needed. • Central office personnel to maintain and operate central office, data centers, and other network office facilities, critical support personnel assisting front line employees. • Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, logistics, and troubleshooting. ■ Workers providing electronic security, fire, monitoring and life safety services, and to ensure physical security, cleanliness and safety of facilities and personnel, including temporary licensing waivers for security personnel to work in other States of Municipalities. • Dispatchers involved with service repair and restoration. • Retail customer service personnel at critical service center locations for onboarding customers, distributing and repairing equipment and addressing custorner issues in order to support individuals' remote emergency communications needs, supply chain and logistics personnel to ensure goods and products are on -boarded to provision these front-line employees. • External Affairs personnel to assist in coordinating with local, state and federal officials to address communications needs supporting COVID-19 response, public safety, and national security. Information Technology: • Workers who support command centers, including, but not limited to Network Operations Command Centers, Broadcast Operations Control Centers and Security Operations CommandCenters. • Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT managers and purchasers, data transfer solutions engineers, software and hardware engineers, and database administrators, for all industries (including financial services), • Workers who support client service centers, field engineers, and other technicians and workers supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware andsoftware. support services, research and development, and information technology equipment (to include microelectronics and semiconductors), and HVAC and electrical equipment for critical infrastructure, and test labs and certification agencies that qualify such equipment(to include microelectronics, optoelectronics, and semiconductors) for critical infrastructure, including data centers. • Workers needed to preempt and respond to cyber incidents involving critical infrastructure, including medical facilities, SLTT governments and federal facilities, energy and utilities, and banks and financial institutions, securities/other exchanges, other entities that support the functioning of capital markets, public works, critical manufacturing, food & agricultural production, transportation, and other critical infrastructure categories and personnel, in addition to all cyber defense workers (who can't perforin their duties remotely). • Suppliers, designers, transporters and other workers supporting the manufacture, distribution and provision and construction of essential global, national and local infrastructure for computing services (including cloud computing services and telework capabilities), business infrastructure, financial transactions/services, web - based services, and critical manufacturing. • Workers supporting communications systems and information technology- and work from home solutions- used by law enforcement, public safety, medical, energy, public works, critical manufacturing, food & agricultural production, financial services, education, and other critical industries andbusinesses. • Employees required in person to support Software as a Service businesses that enable remote working, performance of business operations, distance learning, media services, and digital health offerings, or required for technical support crucial for business continuity andconnectivity. OTHER COMMUNITY OR GOVERNMENT -BASED OPERATIONS AND ESSENTIAL FUNCTIONS • Workers to ensure continuity of building functions, including but not limited to security and environmental controls (e.g., HVAC), the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure. • Elections personnel to include both public and private sector elections support. • Workers supporting the operations of the judicialsystem. • Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and communications networks. • Trade Officials (FTA negotiators; international data flow administrators). • Employees necessary to maintain news and media operations across various media. • Employees supporting Census 2020. • Weather forecasters. • Clergy for essential support. • Workers who maintain digital systems infrastructure supporting other critical government operations. • Workers who support necessary credentialing, vetting and licensing operations for critical infrastructure workers. • Customs and immigration workers who are critical to facilitating trade in support of the national emergency response supply chain. • Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions. • Staff at government offices who perform title search, notary, and recording services in support of mcrtgage and real estate services and transactions. • Residential and commercial real estate services, including settlement services. • Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and construction for essential products, services, and supply chain and COVID 19 relief efforts. CRITICAL MANUFACTURING • Workers necessary for the manufacturing of metals (including steel and aluminum), industrial minerals, semiconductors, materials and products needed for medical supply chains, and for supply chains associated with transportation, energy, communications, information technology, food and agriculture, chemical manufacturing, nuclear facilities, wood products, commodities used as fuel for power generation facilities, the operation of dams, water and wastewater treatment, processing and reprocessing of solid waste, emergency services, and the defense industrial base. Additionally, workers needed to maintain the continuity of these manufacturing functions and associated supply chains, and workers necessary to maintain a manufacturing operation in warm standby. • Workers necessary for the manufacturing of materials and products needed to manufacture medical equipment and personal protective equipment (PPE). • Workers necessary for mining and production of critical minerals, materials and associated essential supply chains, and workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for mining production and distribution. • Workers who produce or manufacture parts or equipment that supports continued operations for any essential services and increase in remote workforce (including computing and communication devices, semiconductors, and equipment such as security tools for Security Operations Centers (SOCs) ordatacenters). HAZARDOUS MATERIALS • Workers who manage hazardous materials associated with any other essential activity, including but not limited to healthcare waste (medical, pharmaceuticals, medical material production), testing operations (laboratories processing test kits), and energy (nuclear facilities) Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing tests workers who support hazardous materials response and cleanup. • Workers who maintain digital systems infrastructure supporting hazardous materials management operations. FINANCIAL SERVICES • Workers who are needed to provide, process and maintain systems for processing, verification, and recording of financial transactions and services, including payment, clearing, and settlement; wholesale funding; insurance services; consumerand commercial lending; and capital markets activities). • Workers who are needed to maintain orderly market operations to ensure the continuity of financial transactions and services. • Workers who are needed to provide business, commercial, and consumer access to bank and non-bank financial services and lending services, including ATMs, lending and money transmission, and to move currency, checks, securities, and payments (e.g., armored cash carriers). • Workers who support financial operations and those staffing call centers, such as those staffing data and security operations centers, managing physical security, or providing accounting services, • Workers supporting production and distribution of debit and creditcards. • Workers providing electronic point of sale support personnel for essentialbusinesses and workers, CHEMICAL • Workers supporting the chemical and Industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives. pharmaceuticals, paintings and coatings, textiles, building materials, plumbing, eleetricai, and paper products. • Workers supporting the safe transportation of chemicals, including those supportingtank truck cleaning facilities and workers who manufacture packaging items. • Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, disinfectants, fragrances, and packaging that prevents the contamination of food, water, medicine, among others essential. • Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnelto ensure safe operations, including plant contract workers who provide inspections. • Workers who support the production and transportation of chlorine and alkali manufacturing, single -use plastics, and packaging that prevents the contamination orsupports the continued manufacture of food, water, medicine, and other essential products, including glass container manufacturing. DEFENSE INDUSTRIAL BASE • Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military. These individuals include, but are not limited to, space and aerospace; mechanical and software engineers (various disciplines), manufacturing/ production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers; and sanitary workers who maintain the hygienic viability of necessaryfacilities. • Personnel working for companies, and their subcontractors, who perform under contract or sub -contract to the Department of Defense, as well as personnel at government-awned/contractor- operated and government- owned/government-operated facilities, and who provide materials and services to the Department of Defense, including support for weapon systems, software systems and cybersecurity, defense and intelligence communications and surveillance, space systems and other activities in support of our military, intelligence and space forces. COMMERCIAL FACILITIES • Workers who support the supply chain of building materials from production through application/installation, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coatings, and employees who provide services that enable repair materials and equipment for essential functions. • Workers supporting ecommerce through distribution, warehouse, call center facilities, and other essential operational support functions. • Workers in hardware and building materials stores, consumer electronics, technology and appliances retail, and related merchant wholesalers and distributors - with reduced staff to ensure continued operations. • Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers, furnaces and other heating, cooling; refrigeration, and ventilation equipment. RESIDENTIAL/SHELTER FACILITIES AND SERVICES 0 Workers in dependent care services, in support of workers in other essential products and services. • Workers who support food, shelter, and social services, and other necessities of life for needy groups and individuals, including in -need populations and COVID-19 responders (including travelling medical staff). • Workers in animal shelters. • Workers responsible for the leasing of residential properties to provide individuals and families with ready access to available housing. • Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency "at-home" situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services_ • Workers performing housing construction related activities to ensure additional units can be made available to combat the nation's existing housing supplyshortage. • Workers performing services in support of the elderly and disabled populations who coordinate a variety of services, including health care appointments and activities of dailyliving. • Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, but fundamentally should continue and serve the construction of housing (e.g., allow qualified private third -party inspections in case of governments hutdown). HYGIENE PRODUCTS AND SERVICES • Workers who produce hygiene products, • Workers in laundromats, laundry services, and dry cleaners. • Workers providing personal and household goods repair and maintenance. • Workers providing disinfection services, for all essential facilities and modes of transportation, and supporting the sanitation of all food manufacturing processes and operations from wholesale toretail. • Workers necessary for the installation, maintenance, distribution, and manufacturing of water andspace heating equipment and its components. • Support required for continuity of services, including commercial disinfectant services, janitorial/cleaning personnel, and support personnel functions that need freedom of movement to access facilities in support of front-line employees. �c S' 17"ATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-89 (Frnergency Management COVID-19 - Miarni-Dade County, Iiroward County Palnn Beach County, !Monroe County Public Access )Zestrictions) WHEREAS, on March 1, 2020, 1 issued Executive Order 20-51 directing the. Florida Department of Health to issue; a Public Health Emergency-, and WHEREAS, on March 1, 2020, the State Surgeon: General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of C OVID_I 9, and WHEREAS. on March 9, 2020. 1 issued Executive Order 20-52 declaring; a state of emergency for the entire State ofFlorida as a result of COVID-19; and WHEREAS, on March 16, 2020, President Donald .1_ Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising; individuals to adopt far-reaching social distancing measures, such as avoiding] gatherings of more than 10 people, and in states with evidence of community spread, recommending; restrictions to certain establishments conducive to mass gatherings and congregations,. and WHEREAS. on March 29, 2020, the President exte=nded such guidance to be in effect until April 0. 2020, and WHEREAS, Miami -Dade County, Broward County, and Palm Beach County have already implemented orders restricting certain public access to non-essential retail and commercial establishments: and WHEREAS, over sixty (60) percent of Florida's identified COVID-19 cases are in these neighboring southern counties, which make up a large percentage of Florida's population, and 315 of 359 WHEREAS, my .administration has consulted with the authorities from Miami -Dade County, Broward County, Palm Beach County and Monroe County who seek to harmonize restricted public access mandates in order to establish uniformity and consistency throughout their counties of'close proximity; and WHEREAS. it is necessary and appropriate to take rtctiora to ensure that C{}Vtl:}-€9 remains controlled, and that residents and visitors in Florida remain safe and secure. NO"', THEREFORE, 1, RON DESANTI S, as Governor of 1=lon& by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the JbIlowing Executive Carder to take immediate effect; Section 1. 1 hereby order Miami -Dade County. Broward County-. Palm Beach County and Monroe County to restrict public access to businesses and facilities deemed non-essential pursuant to the guidelines established by Miami -Dade County pursuant to its March 19, 2020 Emergency Order 07-20, wid as modified by subsegUent amendments and orders prior to the date of'this order. Section 2. At their discretion, such county administrators may determine additional "essential" retail and commercial establishments—or other institutions providing essential services ----that shall not be subject to complete closure. No county or local authority may restrict or prohibit any "essential" service from performing a function allowed under this order. Section 3. Essential service establishments not subject to closure shall continue to determine. adopt and maintain reasonable measures to ensure sanitation and cleanliness of premises and items that may come into contact with employees and the public, and such establishments shall take reasonable action to ensure that people adhere to the C DC's social distancing guidelines. 316 of 359 Section 4. The above-naEned counties shall not institute curfews pertaining to transit to or from the essential service establishments. Section 5. This order shall remain in effect until April 15, 2020 unless renewed or otherwise modified by subsequent order. ATTEST: S "CRETARY OF STA L 1N TESTIMONY WHEREOF, 1 have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at Tallahassee. this 30th day 91AMh, 2020 317 of 359 MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 WHEREAS, Section 252.38(3)(a), Florida Statutes, gives political subdivisions the authority to declare and enact a State of Local Emergency for a period of up to seven days, thereby waiving the procedures and formalities otherwise required of the political subdivision by law; and WIiEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number 20-51, directing the State Health Officer and Surgeon General to declare a Public Health Emergency due to the discovery ofCOV1D-19/novel Coronavirus in Florida; and WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order Number 20-52, declaring a State of Emergency for the state of Florida related to COV1D-19/novel Coronavirus; and WHEREAS, on March 12, 2020, the County Mayor declared a State of Emergency for all of Miami -Dade County; and WHEREAS, COV1D-19/novel Coronavirus poses a health risk to Miami -Dade County residents, particularly elderly residents and those who are immunosuppressed or otherwise have high-risk medical conditions; and WHEREAS, minimization of contact is necessary to avoid risk of COVID-19 infection for the residents of the County; and WHEREAS, the Centers for Disease Control (CDC) has issued guidance entitled "15 Days to Slow the Spread," encouraging social distancing and maintaining a b foot separation between residents to slow the spread of infection and that events with more than ten attendees either be cancelled or held virtually; and WHEREAS, the CDC guidelines are based upon the amount of community spread within a community and become more stringent where there is minimal to moderate or substantial community spread; and WHEREAS, section 813-7(2)(f) of the Code authorizes the County Mayor to order the closure of any commercial establishment; and Pagel of 5 318 of 359 Miami -Bade County Declaration of Local State of Emergency WHEREAS, sections 513-7(2)(e) and (o) of the Code authorise the County Mayor to limit the movement of persons inside Miami -Dade County in order to safeguard life and health, THEREFORE, as County Mayor of Miami -Dade County, I hereby order: All non-essential retail and commercial establishments are ordered closed. 2. Essential retail and commercial businesses, which may remain open, are: a. Healthcare providers, including, but not limited to, hospitals, doctors' and dentists' offices; urgent care centers, clinics, rehabilitation facilities, physical therapists, mental health professionals, psychiatrists, therapists, and pharmacies; b. Grocery stores, farmers' Markets, farm and produce stands: supermarkets, food banks, convenience stores, and other establislunents engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning; and personal care products). This authorization includes stores that sell groceries and also sell other non -grocery products, and products necessary to maintaining the safety, sanitation, and essential operations of residences; Food cultivation, including farming, livestock, and fishing; d. Businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; C, Newspapers, television, radio, and other media services; f. Gas stations and auto -supply. auto -repair, and related facilities; g. Banks and related financial institutions; 11. Hardware stores: I . Contractors and other tradesmen, appliance repair personnel, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and other structures; Businesses providing mailing and shipping services, including; post office boxes; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning; Laundromats, dry cleaners, and laundry service providers; M. Restaurants and other facilities that prepare and serve food, but subject to the limitations and requirements of Emergency Order 3-20. Schools and other entities that typically Page 2 of 5 319 of 359 Miami -Dade County Declaration of Local State of Emergency provide free food services to students or members of the public may continue to do so on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site; Businesses that supply office products needed for people to work from home; o, .Businesses that supply other essential businesses with the support or supplies necessary to operate, and which do not interact with the general public; p. Businesses that ship or deliver groceries, food, goods, or services directly to residences; q. Airlines, taxis, and other private transportation providers providing transportation services via automobile, trick, bus, or train; Home-based care for seniors, adults, or children; S. Assisted living facilities, nursing homes, and adult day care centers, and senior residential facilities; t. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities; U. Landscape and pool care businesses, including residential landscape and pool care services; V. C.hitdcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities should operate under the following mandatory conditions: 1. Childcare must be carried out in stable groups of 10 or fewer (inclusive of childcare providers for the group). 2. Children and child care providers shall not change from one group to another. 3. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix or interact with each other. W. Businesses operating at any airport, seaport, or other government facility, including parks and government offices; X. Pet supply stores; Y. Logistics providers, including warehouses, trucking, consolidators, fumigators, and handlers; Z. Telecommunications providers, including sales of computer or telecommunications devices and the provision of home telecommunications; Page 3 of 5 320 of 359 Miami -Dade County Declaration of Local State of Emergency aa. Provision of propane or natural gas; bb. Office space and administrative support necessary to perform any of the above - listed activities; CC. Open construction sites, irrespective of the type of building; dd. Architectural, engineering, or land surveying; services; ee. Factories, manufacturing facilities, bottling plants, or other industrial uses; ff. Waste management services, including collection and disposal of waste; and gg. Any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services 3. This order does not affect or limit the operations of Miami -Dade County, any public utility, any municipality, the Miami -Dade County School District; or any State or Federal office or facility, except that such entities shall abide by the restrictions of any County, Municipal, State or Federal emergency order, as applicable. 4. This order does not limit the number of persons who may be physically present performing services at any location where an essential business is being, conducted except as expressly set forth herein or otherwise governed by any State or Federal order or regulation. Employers and employees are urged, but are not required, to practice social distancing;, such as keeping six feet between persons and limiting group size to less than ten people. 5. This order does not limit the number of persons who may be physically present at any religious service. Persons attending religious services are urged, but are not required, to practice social distancing, such as keeping six feet between persons and limiting group size to less than ten people. 6. The County Mayor may amend the provisions of paragraph 2, 3: and 4 by written notice to the County Clerk. 7_ The provisions of this order shall serve as minimum standards. Municipalities may impose more stringent standards within their jurisdictions. S. This order shall expire upon the expiration of the existing Miami -Dade County State of Local Emergency, except that if such State of Local Emergency is extended, this order shall also be deemed to extend for the duration of such extension. This order may be cancelled earlier by action of the County Mayor. 9. This order shall be effective as of 9:00 p.m., March 19, 2020 Page 4 of 5 321 of 359 Miami -Dade County Declaration of Local State of Emergency 9. This order shall be effective as of 9:00 p.m_, March 19, 2020. 10. This order shall be provided to all appropriate media consistent with the requirements of section 8A -7(2)(n) of the Code of Miami -Dade Count-. Enacted: Signed: C9 .4Y >i — Cancelled: Signed:_ witness.. COUNTY MAYOR - - Date: Time: Witness: Page 5of5 322 of 359 AMENDMENT NO, l TO MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 1WHEREAS, on March 19, 2020, the County Mayor issued Emergency Order 07-20; and WHEREAS, Emergency Order 07-20 directed the closure of all non-essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and WHEREAS, hotels, motels, other commercial lodging establishments, and temporary vacation rentals provide essential business services during emergencies; and WHEREAS, marinas and boat launches, docking, fueling, marine supply and other marina services provide essential business services during emergencies, including access to living space, repair services, and other vital needs; and WHEREAS, additional retail and commercial establishments listed below provide essential business services during emergencies, THEREFORE, as Count} Mayor of Miami -Dade County, l hereby order: I. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that additional following essential businesses may remain open: 2. Essential retail and commercial businesses, which may remain open, are: f. Gas stations>>; new and used automobile dcalershivs:« and auto -supply, auto -repair, and related facilities, provided however that such businesses should ensure that customers uractice the social distancing as advised by the CDC«; k. Private colleges, trade schools, and technical colleges, but only as needed to facilitate online or distance learning >>and university. collepe, or technical college residence halls. to the extent needed to accommodate students who eannot return to their homes<<; Page I of 2 323 of 359 Miarni-Dade County Declaration oi' Local State of Emergency ff: Waste management services, including collection and disposal of waste; [[Al! gg. Any business that is interacting with customers solely through electronic or telephonic means, and delivering products via mailing, shipping, or delivery services»;<< »hh. _Private and municiQal marinas and boat launches. dockin • fg ueline. marine sunDJv and other marine services: - ii. Hotels, motels. other commercial lad inti establishments and ternnorary vacation rentals. NotwithstandinL the fnreeoine, restaurants. bars. and fitness center restrictions within these establishments remain as stated in Emeracriev Order 03-20; ii. Veterinarians and net boarding facilities: and kk. Mortuaries. funeral homes. and cemeteries.« 2. The balance of Emergency order 07-20 remains in full force and effect and is subject to further amendment as set forth in Emergency Order 07-20, Enacted: COUNTY Time: Witness: ( � Cancelled: Signed: COUNTY MAYOR Date: Time: Witness: Page 2 of 2 324 of 359 AMENDMENT NO.2 TO MIAMI-IDADE COUNTY EMERGENCY ORDER 07-20 Wl iEREAS, on March 19. 2020, the County Mayer issued Emergency Order 07-20; and WHEREAS, Emergency Order 07-20 directed the closure of all non-essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEiRFAS, Emergency Order 07-20 provided for amendment by filing written notice with the clerk; and N%1HEREAS, Governor DeSantis issued Executive Order 20-71 which promulgated standards for the sale of alcohol; and WHEREAS, additional retail and commercial establishments listed below provide essential business services during emergencies, THEREFORE, as County Mayor of Miami -Dade County, I hereby order: 1. Paragraph 2 of Emergency Order 07-20 is hereby amended and restated to clarify that additional following essential businesses may remain open; 2. Essential retail and commercial businesses, which may remain open, are, hh. Private and municipal marinas and boat launches, docking, fueling, marine supply and other marina services; ii. Hotels, motels, other commercial lodging establishments and temporary vacation rentals. Nomthstanding the foregoing, restaurants, bars, and fitness center restrictions within these establishments remain as stated in Fmergency Order 03-20; b. Veterinarians and pet boarding facilities; and kk. Mortuaries, funeral homes, and cemeteries. >>lL The sale of alcoholic beveraizes is authorized consistent with Executive Order 20-71. mm. Firearm and ammunition sunviv stores. Page L of 2 325 of 359 Miami -Dade County Declaration of Local State of Emergency 2 lin ....... Busincsses {arcavidin services to anv local, state. or Federal overntnent. inclvdint, municipalities. Pursuant to a contract with such aoven=ent.<< 2. The balance of Emergency order 07-20 remains in full force and effect and is subject to further amendment as set forth in Emergency order 07-20. Enacted Signed: 0, Date: 0, r Witness: Cancelled; Signed; COUNTY MAYOR �- T Date: _..-_ Time: Witness.: Page 2 of 2 326 of 359 AYII� fl°;iS`" 9 vYat':'P,E"'.tEd'q.gg`':,;e_£_»:.».N° ? AMENDMY, T NO.3 TO MIAMI -DARE COUNTY EMERGENCY ORDER 07-20 WHEREAS, on March 19, 2020, the County .Mayor issued Emergency Carder 07-20; and WHEREAS, Emergency order 07-20 directed the closure of all non-essential retail and commercial establishments and included a list of essential businesses that may still operate; and WHEREAS, Emergency Order 07-20 provided for amendment by fling written notice with the clerk; and WHEREAS, Amendment No. I to Emergency Order 07-20 stated that masinas and boat launches, docking, fueling, marine supply and other marina services provide essential business services; and WHEREAS, large numbers of boaters congregated without observing social distancing and promoted large parties, the occurrence of which would have increased the risk of spreading COVID-l9 throughout the community; and WHEREAS, as a result it is necessary to further limit the use of marinas and boat launches, decking, fueling, marine supply and other marina services; and WHEREAS, Emergency Order 06-20 as amended from time to time contains detailed information on the use of marinas, boat launches, docking, fueling, marine supply and other marina services for the duration of the state of emergency, THEREFORE, as County Mayor of Miami -Dade County, I .hereby order: I . Paragraph 2 of Emergency Order 07-20 as amended is hereby amended and restated to clarify that additional following essential businesses may remain open: 1 Essential retail and commercial businesses, which may remain opera, are: *[M.Private anti 11 9 a .n R "Y.1. J >hh. Marinas. boat launches, docking,,..ftrelina. marine strorrly and other marina services only as set forth in Emergencv Order. 06-20 as amended from time to tithe.<< Page l of 2 327 of 359 Miarni-Dade County Declaration of Local State of Emergency 2. The balance of Emergency Order 07-20 as amended remains in full force and effect and is subject to further amendment as set forth in Emergency Order 07-20. Enacted: Signed: TY` Date ,�Gi-70 Witness: Cancelled: Signed: COUNTY MAYOR Date: Witness: k ,0 Time: i� Time: Page 2 of 2 328 of 359 �m Cf SEBA STL r HOME OF PELICAN ISLAND Document ID Title Print Date REMOTE WORK POLICY March 23, 2020 Revision Prepared By: Cynthia Watson, Date Prepared HR Director, Asst. Admin Srvs Dir March 18, 2020 Effective Date Reviewed By: Ken Killgore, CFO, Date Reviewed March 23, 2020 Administrative Services Director March 18, 2020 Reviewed as for form and legal Legal Review by Date Reviewed sufficiency _ Manny Anon, Jr. March 20, 2020 Signatur Approved By Date Appyovecy 1/ Paul Carlisle, City Manager 0 The City of Sebastian has adopted the following policy to address working from a remote location (your home) either as a result of suspected or actual exposure to the coronavirus (SARS- CoV-2 a/k/a COVID-19), as may be directed by the City Manager as an infection -control strategy to minimize risk of exposure to COVID-19, or as a result of a local declared state of emergency. This Policy is a privilege and not a right during a declared emergency. The City is engaged in a collaborative and relationship -driven business; thus, key to everything we do is in-person interactions. The City has found that in-person interactions contribute in important ways to collaboration, congenial working relationships, and efficiency. Normally, our employees who are assigned to one of the city's offices or facilities are expected to be present at their assigned work location during customary business hours and to perform their work during those hours. However, in light of COVID-19, or other local declared state of emergency, city recognizes there may be circumstances where working from home may be more prudent, safer or even at times mandatory. Employees who may be provided the opportunity to work remotely due to actual or potential exposure or a local declared state of emergency should follow the procedures for requesting a remote working arrangement outlined below. In situations in which the City Manager directs employees to work from home as part of broader precautionary measures, employees must strictly adhere to all the requirements stated in this policy. SCOPE OF POLICY This policy applies to all employees who are assigned to a City office or facility, including exempt and non-exempt employees, full-time and part-time workers, and executives, managers, and individual contributors. REPORTING TO WORK AT ASSIGNED OFFICE OR FACILITY Requests to work remotely for up to two weeks need to be approved by the Department Director and City Manager. Requests for arrangements that are longer than two weeks must be 329 of 359 yin �i SERA NN HOME OF PELICAN ISLAND approved by the Department Director and the City Manager. Employees requesting to work from home due to actual or suspected exposure will be required to document the basis for their request, i.e., they are experiencing influenza -like symptoms, fever or chills and a cough or sore throat. In responding to requests to work remotely, Directors should take into account the nature of the tasks that the employee proposes to undertake remotely, whether the employee's absence will have an impact on the assigned responsibilities of the employee's team, and the frequency of the employee's request to work from outside his or her assigned facility. Directors must present a work plan that outlines the duties and expectations for the employee requesting to work from home An employee requesting to work remotely must fill out the Remote Work — Equipment Request Form (below). Any responses or communications to such requests, i.e., email, correspondence, etc., must be retained by the Director for at least one year. Human Resources and the City Manager will discuss requests to work remotely with the employee's Director for purposes of assessing their feasibility and impact on city business. Remote work arrangements for employees who have substandard performance ratings or who are on any form of performance discipline or improvement plan are subject to a conditional approval by the City Manager based on the Director's supervision of the employee's compliance With this Policy. Approvals for remote working arrangements can be withdrawn or modified by the City Manager at any time without any prior notice to the employee. REQUIREMENTS FOR WORKING REMOTELY Whether based on individual approval or because of a broader recommended or mandatory City directive to work from home, employees who are working remotely must strictly adhere to all of the requirements that apply in the workplace. Employees working remotely are expected to maintain a level of productivity similar to the level of productivity maintained in the workplace. Employees working remotely are also expected to be available during business hours to communicate with Directors, supervisors, co-workers, and other business contacts by phone and to monitor and respond to email with reasonable response times. Employees working remotely are also governed in all respects by the City's Code of Business Conduct and Ethics. In addition, employee must adhere to the City's policies regarding harassment and appropriate workplace communications. Employees are prohibited to use any City -provided technology for any activities other than those necessary for fulfilling the organization's business activities; to incur any costs or charges 330 of 359 Citi L_F SEBAST.IAN HOME OF PELICAN ISLAND resulting from personal use of city -provided technology without reimbursing the organization for those costs; and to store any sensitive, proprietary or confidential data on cellular telephones at any time. The security and replacement of any City -provided technology assigned to an employee becomes his/her responsibility and that City -provided technology and accessories remain the property of the city. Information security is always critical at the City, and it is even more critical when working remotely. All access to information on the City's computer networks must be made through the City's Virtual Private Network (VPN) system, using hardware and software approved by the City's IT department. It is prohibited for employees to circumvent the City's security protocols by, for example, emailing documents to them to be used outside of the City's secured networks. It is prohibited for hard copy documents and other physical records containing confidential information, including any customer information or other non-public information about the City's business, to be removed from the City's premises without specific authorization. Therefore, working requiring access to such materials should generally not be done remotely. All approvals for remote working arrangements require that the employee have a safe and comfortable place to work efficiently. The City will supply equipment for use in home offices or other work locations as part of any remote working arrangement. (See Remote Work Equipment Request Form). Remote work arrangements also are not intended as a substitute for child care or other family care obligations. You should notify Human Resources for other more appropriate leave requests that are available to address these issues. Employees are expected to be able to devote their full attention to their duties while working remotely. Employees who are working remotely must keep accurate records of all working time, just as they would if they were working at the office. The City strictly prohibits hourly paid, non- exempt employees from performing unrecorded or "off -the -clock" work under any circumstances. If you are working from a remote location, you are still expected to clock in and out using the ADP payroll system. RETURNING TO ASSIGNED OFFICE OR FACILITY If while working remotely you experience periods in which you feel unwell, including possible symptoms of COVID-19, or otherwise believe you may have been exposed to COVID-19, you will be required to obtain a return -to -duty authorization from a physician before returning to your assigned office or facility. If you do become ill with the COVID-19 while working remotely, please notify Human Resources for FMLA forms. In addition, if ill for more than three days, according to the Sick Leave Policy, a doctor's note is required to return to work. If you have 331 of 359 On a SEBASTVkN ;ins_ HOME Of PELICAN ISLAND symptoms of acute respiratory illness, while working from home, you are recommended to not return to work until you are free of fever (100.4 degrees F using an oral thermometer)and any other symptoms for at least 24 hours, without the use of fever -reducing or other symptom - altering medicines (e.g. cough suppressants, aspirin). Due to the seriousness of a declared Local State of Emergency, any violation of the Remote Work Policy will be considered an egregious act and will result in discipline up to and including termination of employment. 332 of 359 MOF SEBAST.LA HOME OF PELICAN ISLAND REMOTE WORK POLICY I received and understand the Remote Work Policy. Signature Date 333 of 359 C-M LX SEBASTL HOME OF PELICAN ISLAND REMOTE WORK — EQUIPMENT REQUEST FORM NAME DEPARTMENT DATE RECEIVED DATE RETURNED EQUIPMENT RECEIVED Signature Date MIS Signature Date Your signature attests that you agree to the following terms: DATE (i) I have received and read a copy of the Remote Work Policy, and understand and agree to the same; (ii) I understand and agree that I will not use any City -provided laptop for any activities other than those necessary for fulfilling the organization's business activities; (iii) I understand and agree that I will not incur any costs or charges resulting from personal use of city -provided laptop without reimbursing the organization for those costs; (iv) 1 understand and agree that no sensitive, proprietary or confidential data is to be stored on cellular telephones at any time; (v) I understand and agree that the security and replacement of any City -provided laptop assigned to me becomes my responsibility and that City -provided laptop and accessories remain the property of the organization; (vi) I understand and agree that any violation of the Remote Work Policy will result in discipline up to and including termination of employment. 334 of 359 Jeanette Williams From: Manny Anon Sent: Monday, March 23, 2020 8:53 PM To: Damien Gilliams Cc: Ed Dodd; Charles Mauti; Pamela Parris; Jim Hill; Paul Carlisle Subject: Questions posed by CM Gilliams Attachments: R -20 -02 -Rules Governing the Body.pdf, COS Ordinance Section 2_37 Public Emergency.pdf; Gov DeSantis EO_20-69.pdf; IRC SitRep March 23 2020_F000.pdf CM Gilliams: Sir I appreciate your questions you posed to me last Thursday. As I promised you, the following are answers to your questions: Whether or not Mayor Dodd gaveling of the meeting closed was legal? Answer: The gaveling of the meeting closed by the Mayor was legal, but not consistent with the procedural rules that were previously adopted by the Council. In accordance with (lAW) Resolution R20-02, Section 1 (attached), it states "the City Council will follow the current edition of Roger's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops." Further it states "failure to follow said rules shall not affect the validity of any action taken." (Emphasis added). 2. Whether the Mayor's Declaration of the Local State of Emergency was legal? Answer: Yes, it was legal for the Mayor to declare the Local State of Emergency. IAW Section 2-37 of the City of Sebastian Code of Ordinances (attached), "the mayor may in times of public emergency, or imminent threat thereof, declare a state of emergency within the boundaries of the city...." (Emphasis added). The ordinance goes on to read that "the city council may terminate a state of emergency at any time." 3. Whether or not it is permissible to conduct Virtual Public Meeting? Answer: Yes, IAW Executive Order (EO) 20-69 (attached) it is permissible. This EO suspends the requirement of a physical presence to establish a quorum of a local government body. Also, media technology, such as telephonic and video conferencing, may be used as provided by Section 120.54(5)(b)2. However, I am still researching Chapter 252 and 120 as it pertains to the adoption of any emergency rules and procedures for Council's approval. More to follow. 4. Finally, I attached the Indian River County Emergency Operations Center Situation Report (SitRep) #03-20. Please be advised that this is "For Official Use Only" and should not be shared with the public. This is for Council's situational awareness only. On it you will find the latest number of Coronavirus cases in IRC and if you scroll down to page two, you will find a link to all of the Executive Orders issued to date. The majority of the SitRep is broken down into ESF (Emergency Support Functions). They are mechanisms for grouping vital support functions most frequently used during an emergency when providing Federal support to States under the Stafford Act and for non -Stafford Act incidents. For more detail of the individual ESFs see https://www.fema.gov/media- librarv/assets/documents/25512. Nothing further. Respectfully, 335 of 359 M.ANNY ANON, Jif., ESQ CITY .ATTORNEY CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 772-38$-$201 (OFFICE) 772-38$-4420 (FAX) ana HOME OF PELICAN ISLAND Please Note: Florida has a very broad Public Records Law. Unless specifically exempt by state law, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business, it may therefore be subject to public disclosure. 336 of 359 RESOLUTION NO. R-20-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NO. R-15-10; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL_ OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Qrder Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action lateen. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Reoular Meetinqs: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m, unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. B. Soecial Meetings: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p -m. and shall adjourn no later than 10:00 p.m. C. Quasi-iudiciai Hearinas: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjoum no later than 10:00 p.m. All unfinished business at adjournment shall be carded to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. 337 of 359 SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to .address City Council on such new agenda Item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B_ Continuance of Public Hearinq. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be Indefinite, in which case it shall be re - noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. matter. C. Deferrina Decision on Merits. City Council may defer action on the merits of any 2 338 of 359 SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Reaular Meetings. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except for Individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Inr)ut. 1 _ Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. lnqut Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed In accordance with Section 3 above. G. Public Inout. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. SECTION 9. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. 339 of 359 A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11_ CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-15-10. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Dodd , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Ed Dodd Ave Vice Mayor Charles Mauti ayk' Council Member Damien Gilliams aye Council Member Jim Hill nay Council Member Pamela Parris aye The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of January 2020. CITY OF SEBASTIAN, FLORIDA By:ty� Ed Dodd, Mayor ATTEST: J Jk nette Williams, MMC ty Clerk y Approved as to Form and Content for Relic by the City of Sebastian Only: 1'el! Jarri`es Stokes, City Attorney 4 340 of 359 EXHIBIT "A" SEBASTIAN CITY COUNCIL_ REGULAR MEETING AGENDA FORMAT AND GUIDELINES'' 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9. 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. 10. PUBLIC HEARINGS Procedures for Public Hearings: Chair announces opening of the hearing City Aftorney reads title Chair announces rules that apply to the hearing Applicant presentation Staff presentation, comments and preliminary recommendation Public input. Staff final comments and recommendation Chair doses hearing Council Deliberation and Action 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CiTY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CITY COUNCIL MATTERS No public input under this heading 17. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution may be suspended by the affirmative vote of at least three Council members. 341 of 359 3/17/2020 Sebastian, FL Code of ordinances Sec, 2-37. - Public emergencies; mayor to declare states of emergency. Duties of mayor, city manager, city council during emergencies: (1) In accordance with Section 2.06(b) of the Charter of the City of Sebastian and Chapter 870.043 Florida Statutes, the mayor may in times of public emergency, or imminent threat thereof, declare a state of emergency within the boundaries of the city or in any portion thereof and invoke the provisions of F.S. §§ 870-041-870.047, inclusive, as the same may be renumbered or amended from time to time. The city council may terminate a state of emergency at any time. (2) a, The city manager shall be responsible for the overall emergency management function of the city, shall prepare and maintain the city's emergency management plan, shall coordinate with Indian River County and shall keep the mayor and the city council advised of any action. b. The city manager shall utilize any available means to give the public notice of the declaration of a state of emergency and the specific requirements therein. c. The city manager may issue such orders as are immediately necessary for the protection of life and property; provided, however, that any such orders shall at the earliest practicable time, be presented to the city council for ratification, confirmation, amendment or termination. (3) If, due to a disaster or emergency, it becomes impossible for the city council to meet at. City Nall, the council may meet upon the call of the mayor or any city councilmember at any other place within the city until city hall is sufficiently repaired to resume meetings there. All reasonable attempts must be made to comply with the Sunshine Law and the Public Records Law of the State of Florida. (Ord, No. 0-15-07, § 1, 10-14-15) 342 of 359 1n STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-69 (Emergency Management — COVID-19 — Local Government Public Meetings) WHEREAS, on March 1, 2020, I issued Executive Order 20-51 directing the Florida Department of Health to issue a Public Health Emergency as a result of COVID-19; and WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and WHEREAS, on March 9, 2020, 1 issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVIDA 9; and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as working from home and avoiding gatherings of more than 10 people; and WHEREAS, on March 17, 2020, 1 wrote a letter to Attorney General Ashley Moody seeking an advisory opinion regarding concerns raised by local government bodies about their ability to hold meetings through teleconferencing and other technological means in order to protect the public and follow the CDC guidance regarding social distancing; and WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion to me indicating that certain provisions of Florida law require a physical quorum be present for local government bodies to conduct official business, and that local government bodies may only conduct meetings by teleconferencing or other technological means if either a statute permits a quorum to be present by means other than in person, or that the in person requirement for constituting a quorum is lawfully suspended during the state of emergency; and 343 of 359 WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled, and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (])(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. 1 hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place. Section 2. Local government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes. Section 3. This Executive Order does not waive any other requirement under the Florida Constitution and "Florida's Government in the Sunshine Laws," including Chapter 286, Florida Statutes. Section 4. This Executive Order shall expire at the expiration of Executive Order 20- 52, including any extension. ATTES i : #SETARY OF STATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 20th day of March, 2020 /RON DESANTIS, GOVERNOR N C iV M w oa 344 of 359 VER * �k ORA ***FOR OFFICIAL USE ONLY*** Indian River County Emergency Operations Center SITUATION REPORT #03-20 Contact Information: Phone: 772-226-3900 w,wm irces. com THIS REPORT IS FOR OFFICIAL USE ONLY AND IS NOT INTENDED FOR PUBLIC USE ( nrnnnuinicnc /('nlll am a hrnn fnmiki of %tinmoc fhnf rniico ilfnzcc ronninn frnm fhc rnmmnn nnirl fn mnrn coirorn riicnncoc 345 of 359 MAILING ADDRESS PO Box 752129 Sebastian, Florida 32978 March 15, 2020 To: Paul Carlisle, City Manager City of Sebastian Sebastian Florida 32958 Re: Meeting on March 3, 2020 Dear Mr. Carlisle: Thank you very much for the time you and Mayor Dodd afforded Carolyn Sartain Anderson and me on March 3, 2020 to discuss re -activating the committee dealing with issues relating to individuals with disabilities. As you know Section 504 of the 1973 Rehabilitation Act, in concert with the Americans with Disabilities Act (ADA), and with other related regulations and laws address the special needs of individuals with disabilities. We were quite pleased to have the time to discuss with you both the importance of Section 504, the ADA regulations (and the other pertinent regulations) and how these laws apply to our city. The issues of Section 504 and ADA compliance are important and essential to individuals with disabilities, but also valuable to our able-bodied citizens as well. As Ms. Sartain -Anderson and I explained, ADA laws (in concert with other related laws and regulations) give individuals with disabilities a sense of real independence and freedom to live and work with autonomy and self-determination. Further, as you are aware, these laws have been in existence for decades, with the most cogent (Section 504 of the Rehabilitation act of 1973) for over fifty + years. In essence, they are but the most recent strand of laws extended to that body of civil rights laws begun with President Abraham Lincoln. It was interesting and yet troublesome to note that both you and Mayor Dodd stated emphatically that all the 1991 ADA standards have been met by the city. You did not reference Section 504 of the Rehabilitation Act of 1973 nor the 2010 updated ADA Standards, nor did you acknowledge the FCC regulations. Yet, you both were so sure that the city met all the ADA requirements, but you failed to include those requirements in Section 504 of the Rehabilitation act of 1973, the FCC regulations, IDEA its iterations, as well as the applicable Florida Building codes. Both of you stated that the city was "grandfathered in" for those areas not in compliance — in essence, you were saying that these non- compliance areas did not have to be met. Well, gentlemen, there is no "grandfather clause" in the ADA regulations, never has been and never will be. Allow me to quote the foundational law that both you and Mayor Dodd seem to have missed — it it is Section 504 of the Rehabilitation Act of 1973. Its magnitude, depth and breadth are well established history in our body of civil-rights laws: Section 504 of the Rehabilitation Act of 1973 states, in part: No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program 346 of 359 or activity receiving federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. As amended in 1974, Section 111, Pub L. 93-516, 88 Stat. 1619 (Dec. 7, 1974), Individuals with Disabilities are: Any person who (a) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment. • Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. The ADA (Americans With Disabilities Act) was passed in 1990 and continues where the 1973 Rehabilitation Act left off. Borrowing from the §504 definition of disabled person, and using the familiar three -pronged approach to eligibility [(1) has a physical or mental impairment, 2) a record of an impairment, or 3) is regarded as having an impairment], the ADA applied those standards to most private sector businesses, and sought to eliminate barriers to disabled access in buildings, transportation, and communication. To a large degree, the passage of the ADA supplants the employment provisions of §504, reinforces the accessibility, transportation and communication requirements of §504 with more specific regulations" The subsequent iterations of the 1991 ADA set precedents for successive legislation for people with disabilities, including the Virginians with Disabilities Act in 1985 and the Americans with Disabilities Act in 1990. It was for these reasons that our conversation centered on two major topics of ADA: accessibility and communication (please see footnote for definitions). It was quite disheartening to realize that neither you nor Mayor Dodd understood the accommodations and modifications required for individuals with disabilities regarding these two major areas. Both of you fail to grasp, have much confusion about, and do not recognize the full implications of non-compliance with Section 504, ADA and FCC regulations. It was surprising to hear that your only worry was that the public will respond negatively to non- compliance issues ... as they should! Please allow me to explain: 1) Both of you were certain that the city is in full compliance with ADA laws, presuming you meant the 1991 ADA laws and requirements because the Sebastian City Hall was built in 2004. Mr. Carlisle, you had mentioned being "grandfathered in" when we spoke briefly at the February 26th City Council meeting. At that time, I was puzzled and reminded you that the 1991 ADA law does not have a "grandfather clause", never has and never will. You disagreed then, saying, "Yes it did.", but we agreed that we would discuss this issue when we meet. a. Well, at our meeting (03/03/2020),1 was pleased to hear you reference the "Safe Harbor" clause in the new, revised 2010 ADA standards. b. You said that you had read the 2010 ADA regulations and the "Safe Harbor clause. My pleasure was short lived, however. Unfortunately, it appeared that neither you nor Mayor Dodd did not read enough or perhaps did not understand the content. Please note: c. The 1991 ADA laws were mandated in January1992. Since then, the 2010 ADA Standards were an update to the 1991 ADA regulations and included a" Safe Harbor" clause. What the 2010 ADA Standards say is that, if the 2010 ADA Standards cannot be met because of some "hardship", then the 1991 ADA standards are required to be met. d. You see, gentlemen, you could not have gone back to the 1991 ADA Standards because you were to have met those standards when the city hall was being built in 2004- 347 of 359 further, no excuse in the form of a hardship can be open to you because the building was being built— no adjustments, no modifications, no alterations, no changes, no alterations were needed —just a new build which should have easily incorporated the accessibility requirements. Thus, you are in non-compliance because you have not met the 1991 ADA standards, specifically in the areas of Accessibility and Communication. i. For example: an individual with a handicap (on crutches, using a walker, or in a wheelchair) cannot enter city hall to conduct his/her business because there are no electronic door openers. e. The 8 -pound pressure to open a door to city hall, as you referenced, although passing some requirement is simply meaningless because of the instability, and lack of strength of a handicapped individual, as referenced above. f. Hence, the city does not meet compliance with the 1991 ADA Standard in this area because individuals with disabilities cannot enter city hall, as all other non -disabled persons can —this is an egregious violation of Section 504 of the Rehabilitation Act of 1973, as well as ADA requirements. . g. In addition, the Florida Building Code, Accessibility, reflects specific reference to the ADA of 1992, by clearly specifying that "all new construction in public accommodations, as well as in commercial facilities such as office buildings, must be accessible" (Please see footnote) h. Further, the ADA Code states that "Alterations must be accessible." i. And, this code clearly states, "State and local governments may not discriminate against individuals with disabilities. All government facilities, services and communications must be accessible consistent with Section 504 of the Rehabilitation Act of 1973." Thus, one must wonder and question just what either of you read, know and understand about Section 504 of the Rehabilitation Act of 1973, the 1991 ADA laws and their iterations, the 2010 ADA standards, etc., etc., etc. j. You seem to think that because you have not budgeted for an ADA modification, you do not have to make the modification ... or because the budget indicates the city cannot afford a modification, you can claim a "hardship". It is important for you to realize that "the Safe Harbor" clause does not obviate you of responsibility. How you came to the conclusion that you can dismiss accessibility and comprehensive communication systems that benefit individuals with disabilities is quite puzzling and discouraging, indeed. k. Unfortunately, or fortunately (depending on where one stands), not having the money to install a modification will not hold ... Should they have to the Office of Civil Rights will examine your budget carefully to help you determine if a hardship exists and where the money is to install a modification. Somehow, I do not think you want this to happen. I. Just as an example, dozens and dozens of school districts across the nation tried this line of resistance when IDEA was initially enacted (1972/73); each and every one lost their argument and then agreed to implement all IDEA laws and regulations... A difficult lesson to learn, indeed. 2) In the area of communication, we discussed alternate means of distributing information, Telecommunication Device for the Deaf/hard- of -hearing (TDD, and/or TYY which means Teleprinter, teletype, Teletypewriter), closed captioning, sign -language interpretation, etc. 348 of 359 a. I asked about having specific footnotes at the bottom of all our printed communications and distributed material and information that is intended to apprise individuals that alternate formats are available upon request, b. I asked if we had closed captioning of our broadcasts of council, planning -zoning meetings plus other city -televised business meetings. c. I asked if we had TDD/TYY capabilities in city hall to respond properly to an individual who is Deaf/Hard-of-Hearing d. I asked if the information clerk in the central hall knew what to do if she received a call from a relay operator... I explained what a relay operator does and what a person receiving a call from a relay operator must do. e. I also explained that a call to 711 would connect you (or an individual who is deaf or Hearing Impaired) with a relay operator. f. I asked about closed captioning ... You did mention that closed captioning would cost $65,000 ... and, yes, this is quite expensive indeed. 3) Well, gentlemen, the cost of closed captioning does not necessarily rest as the full burden of the city. a. I explained about the court case brought against Netflix for not providing closed captioning ... Netflix lost ... I stated that Comcast may very well own a part of this cost. b. I also explained that after a certain date, all TVs and computers had to have closed captioning capabilities c. I explained that I had closed captioning on my tablet ... the mechanism just needs to be turned on ... d. Perhaps a bit more is needed for Comcast or Direct TV, but it is an avenue that needs 4 to be explored by you — it is your responsibility to all citizens of Sebastian. Just stating a cost, with no reference, is meaningless, irrelevant and poor practice. e. Evidently, you or someone came to the conclusion that it was just too costly and would need budgeting if you intended to implement it at all. f. I asked you to examine alternative avenues for alternate communication systems. If you were thinking that you would be "grandfathered in" or in "Safe Harbor" or excused because of a financial hardship, this is not wise or judicious thinking at all. Thus, Ms. Sartain Anderson and I came away from that meeting very disappointed, discouraged and disrespected because we were dealing with two very important public servants who had little understanding, as well as insufficient and/or erroneous information about Section 504 of the Rehabilitation Act of 1973, the 1991 ADA Codes and their iterations, the Florida Building Codes, the 2010 ADA Standards, the FCC requirements and the IDEA mandates and their iterations. Two important public servants who were satisfied with tangential, superficial, shallow and erroneous information that is so very important to individuals with disabilities. Two important public servants who wanted to believe that the city was in fill compliance with the 1991 ADA Laws, that we were "grandfathered in", that not having any electronic entry into city hall was acceptable because the door pull was at 8 pounds as required. How foolish and short-sighted, especially for you, Mr. Carlisle, who explained that "it was your job to protect the city from litigation." Further, it was amazing, gentlemen, that a case in point was sitting right in front of you: Ms. Sartain - Anderson (a resident of Sebastian since 2004) could not open any door to enter city hall on her own because of her handicap, her poor stability and her lack of strength ... an 8 pound, 4 pound, 3 pound, or 349 of 359 2 pound pull is not a modification that makes any sense unless you read and understand the complete entrance requirements beginning with Section 504 of the Rehabilitation Act of 1973. It was most disconcerting that her presence and her obvious disability which she described so candidly and clearly when she introduced herself, neither of you recognized or understood as apropos to our discussion. Neither of you did not seem able to make the connection with an individual with an obvious disability sitting right across from you ... in my opinion, gentlemen, that is shameful. Your resistance to having an electronic entrance (which she has requested numerous times over the years she has lived in Sebastian) to city hall has denied her her civil rights for over 15 years! All we asked for was 1) to bring our city hall to a standard meeting accessibility and comprehensive communication for individuals with disabilities and 2) to re -activate the committee on disabilities to act as a resource to the City Manager and the City Council. In view of the non-compliance issues, this committee is sorely needed. This committee would generate a report every six (6) months indicating the status of the city with respect to access and communication modifications and accommodations for individuals with disabilities; it would be the eyes and ears in order to advise and report area(s) to examine for compliance. Lastly, Ms. Carolyn Sartain Anderson and I will not accept your proposal of an "Enhanced Committee we reject anything but plans and actions that will move the city to full compliance with the laws, mandates and regulations of Section 504 of the Rehabilitation Act of 1973, the 1991 ADA regulations and iterations, the Florida Building Codes and iterations, the 2010 ADA standards, the FCC regulations and the 1973 IDEA and iterations, in concert with re -activation of the Committee on Disabilities. Now, it has been two weeks since we met. As you may recall, you were going to discuss our request and "get back to us" within a week. Unfortunately, because of your delay, denial, lack of understanding and willingness to move forward, we are forced to take the next steps to ensure the city of Sebastian is in full compliance with the codes, laws, and mandates that were enacted to protect, defend and support individuals with disabilities over the past several decades. Should either of you have any questions or need clarification, do not hesitate to contact either Ms. Sartain -Anderson or me. Resp tfully, r atricia A. Peau o, Ph.D. Carolyn Sartain Anderson, M.Ed. CC: Sebastian City Council Members *NB: accessible means capable of being reached, entered, capable of being used, easily used or accessed by people with disabilities: adapted for use by people with disabilities — i.e. accessible bathrooms/doorways/seating/parking. *NB Councilwoman Deborah Gross introduced legislation that would prioritize accessible entryways, common areas, T. restrooms and communications facilities—in that order—when city businesses undergo major physical updates. Adam Smelt 350 of 359 �1 WEISS SEROTA HELFMAN COLE & BIERMAN AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAw MITCHELL J. BURNSTEIN mburnstein@wsh-law.com 1954-763-4242 October 3, 2019 Via U.S. Mail and Electronic Mail [jstokes@cityofsebastian.org] James D. Stokes, City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Representation of the City of Sebastian in Defense of Challenges to Recent Voluntary Annexation Dear Mr. Stokes: We are pleased to have an opportunity to work with the City of Sebastian ("Client") in connection with the above -referenced matter. From our experience, we have found that our clients appreciate a frank and open discussion and understanding of the services that we will perform, and the basis upon which they will be expected to pay for those services. This letter is intended to set forth our understanding as to the nature and scope of the legal services that we have agreed to render for the Client, the amount of our fees and costs for those services, the manner in which our fees and costs for those services will be determined, and the terms upon which the Client will make payment. 1. Scone of Engagement. Our Firm is being engaged to represent the Client in defense of challenges to recent voluntary annexation. We will provide legal counsel to the Client in accordance with this letter and in reliance upon information and guidance that the Client provides to us. We will endeavor to keep the Client reasonably informed of the progress of the matter and of any significant developments, and to respond to the Client's inquiries during the course of our engagement. 351 of 359 2. Staffing and Fees. Daniel Abbott will have primary responsibility for this matter, although other attorneys may work on it as well. The Client will be charged and agrees to pay for our services at the blended rate of $300 per hour for all attorney work, and $125 per hour for all paralegal work, together with applicable taxes, if any. There will be no charge for travel time as part of this engagement. It is our practice to charge for actual time expended on the Client's behalf, but not less than 2/10ths of an hour for each activity. All of our rates are reviewed on an annual basis and may be increased each year. 3. Cooperation. To enable us to represent the Client effectively, it agrees to cooperate fully with us in all matters relating to this agreement, and to disclose to us fully and accurately all facts and documents that may be relevant, or that we may otherwise request. The Client agrees to make a designated representative reasonably available to attend meetings, conferences, hearings, and other proceedings. 4. Costs. The Client is responsible for timely direct payment or reimbursement to the Firm for all non -incidental costs, such as computer research, delivery charges, recording, title searches, court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, experts' fees, trial/hearing exhibit costs, investigation costs, and applicable lobbyist registration fees. S. Pavment of Fees and Costs. Our invoices will be submitted to the Client on a monthly basis and each invoice will be due and payable from the Client when rendered. If any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion (subject to court approval, if necessary), to cease to provide further legal services to the Client. The Client will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. We will retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to the Client until we have been paid all costs, fees and interest due us under this agreement. The Client also agrees to the imposition of a charging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of 12% per annum will be added to any invoice which remains unpaid for more than 30 days after it is rendered. 6. Withdrawal from Representation. We reserve the right to withdraw from representing the Client if it has misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. 352 of 359 James D. Stokes, City Attorney City of Sebastian October 3, 2019 Page 3 7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client, unless each such client consents to such representation after consultation. If this letter is addressed to more than one person, the Client's signature of this letter will constitute such consent with respect to the matter or matters specifically described in the paragraph of this letter titled "Scope of Engagement." 8. Fees for Other Services. In the event the Client asks us to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable at our customary hourly rates for such services, with no maximum or minimum amounts. 9. Commencement of Representation. If the foregoing is agreeable to the Client, please have it acknowledge its understanding and agreement by signing this letter and delivering it to us. We appreciate your confidence in us and we assure you that we will make every effort to perform our services in a prompt and efficient manner. Very truly yours, WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. By: R\� 1k 6UJZX�1— Mitchell J. Burnstein AGREED AND ACCEPTED on October 9 2019. CITY OF SEBASTIAN By Print name: James D. Stokes Title: City Attorney WEISS SEROTA HELFMAN COLE & BIERMAN AT THE CROSSROADS OF BusiwSS. Goytmw T & THE law 353 of 359 AccuWeather's 2020 Atlantic Hurricane Season Forecast is Out Byiiiiian MacMath, AccuWeather staff writer Published Mar. 25, 2020 11:53 AM About two months from now, the 2020 Atlantic hurricane season will officially begin, but AccuWeather meteorologists have already been hard at work examining the factors that could influence tropical activity this year. Forecasters are anticipating another busy year for the Atlantic Basin in 2020, on the heels of an active 2019 season. Led by Dan Kottlowksi, AccuWeather's top hurricane expert, meteorologists this week released a 2020 Atlantic hurricane forecast. Kottlowksi's team is calling for 14-18 tropical storms during this upcoming season, which runs from June 1 through Nov. 30. Of those storms, seven to nine are forecast to become hurricanes, and two to four are predicted to strengthen into major hurricanes. "It's going to be an above -normal season," Kottlowski said. "On a normal year, we have around 12 storms, six hurricanes and roughly three major hurricanes." The 2019 season marked the fourth consecutive year of above-average activity in the basin and was tied with 1969 for the fourth most -active hurricane season on record. Featuring hurricanes Dorian, Lorenzo and Humberto as well as Tropical Storm Imelda, the 2019 season resulted in 18 storms overall and caused more than $11 billion in damage. And there's reason to believe the 2020 season could be every bit as active. As part of the method for formulating this season's predictions, forecasters have drawn comparisons to previous years with comparable weather conditions -- also known as analog years. This year, AccuWeather meteorologists have looked closely at the years 1980 and 2005. In 1980, Hurricane Allen developed into a Category 5 storm and wreaked havoc on Haiti before striking lower Texas. More than 200 people were killed. Meanwhile, 2005 was a particularly "hyperactive year," Kottlowski said, that resulted in a whopping 28 storms. There were so many storms in 2005 that the predetermined list of names for the season, set by the World Meteorological Organization, was surpassed and the last few storms took on Greek letters as names. Katrina notoriously exploded into a monster Category 5 hurricane over the Gulf of Mexico before decimating portions of the Gulf Coast of the United States, killing 1,800 people and turning some neighborhoods like New Orleans' Lower Ninth Ward into ghost towns that still haven't been fully restored and repopulated 15 years later. Rita and Wilma were also among the ranks of the strongest storms of the 2005 season — and history. Rita became the third Category 5 hurricane of the season and slammed the Florida Keys to Louisiana and southeastern Texas just weeks after Katrina's rampage. Wilma intensified rapidly to a Category 5 storm with 185 -mph winds in Rita's footsteps and holds the record for the lowest central pressure in an Atlantic hurricane 26.05 inches of mercury (882 mb). "There are a number of analog years we looked at that certainly show high -impact storms affecting the United States," Kottlowski explained. This year, forecasters predict two to four impacts are in the cards for the country. 354 of 359 "These could be direct hits or a storm scraping the coast but still causing impacts," he said. Early in the season, meteorologists will keep a watchful eye on parts of the Caribbean Sea and areas east of the Bahamas, where the water is already very warm. Water temperatures in the Caribbean have already hit 80 degrees Fahrenheit in late March, according to data from a NOAA station. "Warm water is actually what drives a lot of seasons, "Kottlowski said. "So those will be areas to keep an eye on for early -season development." Although hurricane season is still a few months away, he urged residents living on or near the coast to make their hurricane plans now. "Forecasts will give you an idea of how active it might be, but all it takes is one storm to make landfall in your area to cause serious and life-threatening problems," Kottlowski said. "Go back to last year with Dorian and Imelda," he added. "Those were two very, very high -impact storms," he said. "This year, more than likely, we'll get hit with one or two big storms and we don't know specifically where that is, so if you live near a coast or on an island, have a hurricane plan in place." Kottlowski has worked as a meteorologist at AccuWeather for 43 years and has been predicting hurricane behavior throughout his career at the company. Graduate courses on tropical weather during his studies at Purdue University piqued his deep interest in hurricane forecasting, he said. Kottlowski and a team of long-range meteorologists predicted last April that there would be 12 to 14 named storms in the 2019 Atlantic hurricane season, including tropical storms and hurricanes. His team's annual forecast also called for five to seven hurricanes, and six materialized. Kottlowski's team predicted two to four of those storms would become major hurricanes -- and three of them did just that. The 2019 forecast also called for two to four named storms to make landfall, and four of the storms came ashore on the U.S. coast. For many, particularly now that the coronavirus pandemic is disrupting life in unprecedented ways, hurricane season may seem to arrive in no time. Some of the names that early storms to develop this year will be given are Arthur, Bertha, Cristobal and Dolly. For the complete list of 2020 Atlantic Basin names and all related tropical weather information, visit the AccuWeather Hurricane Center. 355 of 359 From: Paul Carlisle To: Damien Gilliams Subject: RE: Corona virus Date: Monday, March 09, 2020 3:35:43 PM Attachments: imageOD.ona I have been in contact with the Health Department regarding the testing. The State has three labs that perforin the tests. The way it works for them is if you meet the criteria IE you have been abroad to a country or ship that has been infected, you have symptoms you have to go to your primary care Doctor to be referred to them for testing. They will take the swab and send it to one of their three labs for testing. You cannot just go get tested from them if you are just concerned. They have no count of how many test kits each of those labs have on hand. Now they have just released the ability for Quest Diagnostic (private testing with commercial kits). In this case your Doctor will administer the sampling and send it to them for diagnosis. One thing is clear the issue is as you stated no real means for mass testing and diagnosis. We at the City do not have control over this as we have no way of getting or requiring testing kits that may or may not be available. That is why there is such restrictions on opening testing up to anyone and everyone. Our insurance has waived the deductible for those who need to be tested and the cost of the testing. The best course of action is to avoid contact (hand shaking) and wash hands frequently, sanitize common areas and door knobs/entry ways which we are instructing staff and our cleaning crew to do. Here is the report on cases in Florida and recommended steps. COVID-19 Cases Florida Residents Diagnosed in Florida 356 of 359 Known County Age Sex History of International Travel 1 Manatee 63 Male No 2 Hillsborough 29 Female Yes 3 Santa Rosa 71 Male Yes 4 Broward 75 Male No 5 Broward 65 Male No 6 Lee 77 Female Yes 7 Lee 77 Male Yes 8 I Charlotte 54 Female Yes 356 of 359 9 Okaloosa 61 Female Yes 10 Volusia 66 Female Yes 11 Manatee 81 Female Yes 12 6roward 67 Male No COVID-19 Testing Results • 18 Florida cases (17 Florida residents) 12 diagnosed in Florida 5 diagnosed and isolated in another state 1 confirmed positive non -Florida resident isolated in Florida. 115 tests in state results pending • 140 negatives • 1,104 people monitored to date • 302 of 1,104 are currently being monitored People who have tested positive for COVID-19 will remain in isolation until they test negative. What you Should Know COVID-19 can spread from person to person through small droplets from the nose or mouth, including when an individual coughs or sneezes. These droplets may land on objects and surfaces. Other people may contract COVID-19 by touching these objects or surfaces, then touching their eyes, nose or mouth. Symptoms of COVID-19 are fever, cough and shortness of breath. Symptoms may appear in as few as two days or as many as 14 days following exposure. Most people recover from COVID-19 without needing special treatment. The elderly and those with underlying medical problems like high blood pressure, heart problems and diabetes, are more likely to develop serious illness. There is currently no vaccine to prevent COVID-19. The best way to prevent illness is to avoid being exposed to the virus. The Department recommends everyday preventive actions to help stop the spread of respiratory diseases, including: • Avoiding close contact with people who are sick; • Staying home when you are sick and avoiding contact with persons in poor health; . Avoiding touching your eyes, nose and mouth with unwashed hands; • Covering your cough or sneeze with a tissue, then disposing of the tissue; • Washing your hands often with soap and water for at least 20 seconds, especially after going to the bathroom, before eating, after blowing your nose, coughing or sneezing; • If soap and water are not readily available, use an alcohol -based hand sanitizer with 357 of 359 at least 60% alcohol. Always wash hands with soap and water if hands are visibly dirty; and • Cleaning and disinfecting frequently touched objects and surfaces using a regular household cleaning spray or wipe. The CDC does not recommend that asymptomatic, healthy people wear a facemask to protect themselves from respiratory diseases, including COVID-19. Facemasks should be used by people who show symptoms of COVID-19 to help prevent the spread of the disease to others. The use of facemasks is also crucial for health workers and people who are taking care of someone in close settings (at home or in a health care facility). A person that experiences a fever and symptoms of respiratory illness, such as fever, cough or shortness of breath, within 14 days after travel from China, Italy, Iran, South Korea, Japan and any other destination under CDC travel advisory should call ahead to their health care provider and local county health department (CHD) and mention their recent travel or close contact. If a person has had close contact with someone showing these symptoms who has recently traveled from this area or been in contact with a person with laboratory -confirmed COVID- 19, they should call ahead to a health care professional and the county health department. The health care professional will work with the Department to determine if the person should be tested for COVID-19. Mbs-TILAN - .fit HOME OF PELICAN ISLAND PAUL E. CARLISLE CITY MANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, PL. 32958 772-388-8200 From: Damien Gilliams Sent: Monday, March 9, 2020 8:50 AM To: Paul Carlisle Subject: Corona virus Good morning Paul this is to confirm our telephone conversation this morning, in reference to an emergency backup plan in case the Corona virus gets out of hand, please check in with local hospitals and walk in clinics to make sure we have plenty. of testing kits available to the community and that we have a plan with the police department in place that's ready to be activated. If you feel that an emergency council meeting is necessary I will be happy to call 358 of 359 one. Kind Regards Damien Gilliam's 359 of 359