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HomeMy WebLinkAbout02-10-2021 CC AgendaIndividuals are subject to screening prior to entering any City building and entry may be denied if any indicator of illness or prior COVID exposure is identified. All persons entering City Council Chambers where social distancing is not possible, shall wear face coverings. R-20-32 Sec. 1(1) �m .r SE7. AT-!1V HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY WORKSHOP & SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 10, 2021 - 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE CALL CRA WORKSHOP TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE - Led by Council Member Nunn 4. ROLL CALL 5. DISCUSS THE FUTURE USE OF THE FORMER HARBOR LIGHTS MOTEL_ PROPERTY pgs 6-51 - 1215 INDIAN RIVER DRIVE (Transmittal, Options, Environmental Screening, Zoning Regulations, Aerial, Survey, Example schematics/Renderings/Photos) 6. ADJOURN CRA WORKSHOP 7. CONVENE CITY COUNCIL MEETING 8. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 9. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation 211 Awareness Week - February 111h - 171h, 2021 Colleen Walts, Community Relations Specialist - 211 Treasure Coast Brief Announcements: February 13 — Craft Club of Sebastian Show in Riverview Park — 10am - 3pm February 19 — Sebastian Police Dept. Movie Night Out in Riverview Park — 7pm 1 of 166 10. 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 materials 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. 11. 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. pgs 52-60 A. Approval of Minutes — January 27, 2021 Regular City Council Meeting pgs 61-62 B. Approve the Budget Calendar for Fiscal Year 2021-2022 (Transmittal, Calendar) pgs 63-70 C. Approve the Roseland Road Sewer Expansion Cost Share Agreement in the Amount of $31,485.97 between the City of Sebastian and Indian River County (Transmittal, Agreement, Survey, Estimate) pgs 71-77 D. Approve the Purchase of Police Vehicles Utilizing the Piggyback of Charlotte County's Contract #2018000509 and Sourcewell's Co-operative Contract for a Total Amount of $318,347.84 (Transmittal, Quotes) pgs 78-80 E. Approve Alcoholic Beverages for the Burns Family Event at Community Center on February 27, 2021 from 11:00 a.m. to 5:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 12. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13. PUBLIC HEARINGS - None 14. UNFINISHED BUSINESS - None 15. NEW BUSINESS pgs 81-111 A. First Reading Ordinance No. 0-21-02 — Adjusting the Police Pension Plan for Changes to IRS Required Minimum Distribution Rules and Provide that the Police Pension Board Shall Adopt Necessary and Appropriate Amendments to Maintain the Police Pension Plan as an IRS Qualified Public Pension Plan — Set Public Hearing for February 24, 2021 (Transmittal, 0-21-02, Letter, IRS Guide, IRS Bulletin) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT PLAN, OF THE CODE OF ORDINANCES, AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; SECTION 58-52, PRE -RETIREMENT DEATH; SECTION 58-55, OPTIONAL FORMS OF BENEFITS; SECTION 58-61, MINIMUM DISTRIBUTION OF BENEFITS; SECTION 58- 62, MISCELLANEOUS PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 2 of 166 pgs 112-136 B. Approve Lease Agreement for Hangar C with Fishe Flying Corp., dba Pilot':; Paradise, Inc. for a Lease Term of Twenty (20) Years with an Option to Extend as a Result of Mutual Termination of Current Lease Agreement with Cruiser Aircraft (Transmittal, Agreement, Request to Terminate) pgs 137-160 C. Resolution No. R-21-02 - Accepting the 4" Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY19120 Annual Budget (Transmittal, R-21-02, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT AND RECOGNIZING CERTAIN 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. pgs 161-166 D. Resolution No. R-21-04 — Reviewing Charter Officers' Evaluation Procedures and Establishing Procedures for Charter Officer Goal Setting, Evaluations, Wage Adjustment, and Renegotiations of Employment Agreements (Transmittal, R-10- 05, R-21-04) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR GOAL SETTING, EVALUATIONS, WAGE ADJUSTMENTS OR OTHER INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT AGREEMENTS; REPEALING RESOLUTION NO. R-10-05, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Jones C. Council Member McPartlan D. Council Member Nunn E. Mayor Dodd 20. ADJOU RN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING, ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THUS MEETING OR HEARING WILL 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) 3 of 166 IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 —ADA@CI TYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. TO PROTECT THE HEALTH AND SAFETY OF CITY OFFICIALS, CITY STAFF, AND THE PUBLIC, OFFICIALS CAN FULL PARTICIPATE AND TAKE OFFICIAL ACTION DURING THIS PUBLIC MEETING BY USE OF COMMERCIAL MEDIA TECHNOLOGY. R-20-34 Sec. 2(e) ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom.us/j/86939633515 Or iPhone one -tap: US: +19294362866„86939633515# or +13017158592„86939633515# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 243 7799 Webinar ID: 869 3963 3515 International numbers available: https://us02web.zoom.us/u/kcIu2OlSOw 4 of 166 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-34. Reqular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public Input is NOTALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinqs Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealinq Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on 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 be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 166 on%f HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY AGENDA WORKSHOP Council Meetinti Date: February 10, 2021 Agenda Item Title: Harbor Lights Motel Workshop Recommendation: Discussion on the future use of the former Harbor Lights Motel property Backaround: The Harbor Lights Motel was constructed in 1951 as a motel and residence. The site is part of a historic district however it is not registered as a historic structure. The building is currently vacant and uninhabitable due to removal of life, safety features such as sewer/water. The property was purchased in March 2018 for $750,000 to assist the City in preserving the Indian River Lagoon view shed and access east of Indian River Drive by prohibiting any future development along the water's edge. After the initial purchase the east side of the property was unified to the public boat launch property to the north. An appraisal was conducted in March 2020 estimating a value of $295,000 for the remaining hotel property. An Environmental Transaction Screening report was conducted prior to purchase (See Attached Excerpt). The property is zoned CWR, Commercial Waterfront Residential (See Attached) and must also follow the performance criteria found in the Riverfront Overlay district. A survey and aerial (See Attached) have been provided along with several renderings for consideration. The CRA Board may consider the following options for discussion of the property: 1) Sell the property; 2) Sell the property with conditions or restrictive covenants for future development; 3) Keep the property and long-term lease the land for new development; or 4) Keep the property and develop for future city use. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: n/a Total Cost: n/a Funds to Be Utilized for Appropriation: n/a Attachments: 1. CRA Board Options for Discussion 2. Environmental Transaction Screening (Feb 2018) 3. CWR zoning district regulations 4. Aerial 5. Survey 6. Example Schematics/Renderings/Photos /J Administrative Services Departme Review' I City Attorney Review: J- Procurement Division Review, if applicable:f City Manager Authorization: Date: '/,,' 6 of 166 Attachment 1- Board Considerations: 1. Sell the orooerty: The city purchased the property in March 2018 using discretionary sales tax & CRA monies — if sold, the proceeds of those monies would return to those accounts for other future uses. 2. Sell the aroa)erty with conditions for future development. • What covenants and restrictions would the city impose for the sale of the property? 3. Keep the orooerty and lonq-term lease the land for new development. • Estimated costs for preparing the land for development. • Length of the long-term lease? 4. Keen the Propertv for future Citv use. • CWR zoning district uses • Retail • Commercial • Community Walk-in Clinic • Multi -Family Residential Other Alternatives? • Restore the buildings to habitable condition for re -use or new use 7 of 166 2. Florida Environmental Consulting, Inc. Phase I Environmental Transaction Screening For: 1215 Indian River Drive Prepared for: The City of Sebastian C/o Joe Griffin 1225 Main Street Sebastian, FL 32958 ,.. '''� " � • '� 7—2'/23/2018 Timothy E. Maslin, C.E.S. / C.E.C. Certification #77283 1835 20LI-i Street - Verci Behuh, Florida 32961) Mona! 772-2i4g-47P1 + rAx:772-778- 3R17 • S-MAO fiotl-H-prt�, reir, FEC-18-106 8 of 166 TABLE OF CONTENTS SECTION 1.0 EXECUTIVE SUMMARY: FINDINGS AND CONCLUSIONS 1.1 FINDINGS 1.2 CONCLUSIONS SUMMARY 1.3 SITE FACTS 1.4 EXCEPTIONS AND/OR DELETIONS TO ASTM E 1527 1.5 NON -SCOPE ISSUES SECTION 2.0 INTRODUCTION 2.1 PURPOSE OF A PHASE I 2.2 SCOPE OF WORK 2.2.1 Site Description 2.2.2 Site Reconnaissance 2.2.3 Review of Historical Information 2.2.4 Interviews 2.2.5 Conclusions and Recommendations 2.3 INTERPRETATION OF THE REPORT SECTION 3.0 SITE DESCRIPTION AND RECONNAISSANCE 3.1 SITE PHOTOGRAPHS 3.2 GEOLOGIC AND HYDROGEOLOGIC CONDITIONS 3.3 EXISTING STORAGE TANKS 3.4 PREVIOUSLY EXISTING STORAGE TANKS 3.5 HAZARDOUS SUBSTANCE STORAGE AND HANDLING 3.6 SPECIFIC HAZARDOUS SUBSTANCES RECONNAISSANCE 3.6.1 Summary of Specific Hazardous Substances Reconnaissance (Beyond ASTM Scope) 3.6.2 Details of Specific Hazardous Substances Sampling/Observations 3.7 POLYCHLORINATED BIPHENYLS (PCBS) 3.8 CLARIFIERS, SUMPS, TRENCHES, AND INDUSTRIAL DISCHARGE SOURCES 3.9 SURFACE CONDITIONS 3.10 STRESSED VEGETATION 3.11 PRIOR OR CURRENT AGRICULTURAL LAND USE 3.12 OTHER ENVIRONMENTAL CONDITIONS 3.13 VISUAL OBSERVATIONS, ADJOINING SITES SECTION 4.0 REVIEW OF HISTORICAL INFORMATION AND REGULATORY AGENCY RECORDS 4.1 HISTORICAL AERIAL PHOTOGRAPH AND U.S.G.S. TOPOGRAPHIC MAP REVIEW 4.2 HISTORICAL MAP REVIEW 4.3 HISTORICAL CITY OR STREET DIRECTORY REVIEW 4.4 AGENCY CONTACTS (RECORDS SEARCH) 4.4.1 Building Department Records Copyright i- 2018 Florida Environmental Consrdting, Inc All rights reserved 1-1 Florida Environmental ConsuldnR Inc Project No. FEC-18-106 9 of 166 4.4.2 Fire Department Records 4.4.3 Health or Environmental Agency Records 4.4.4 Sanitation Agency Records 4.4.5 Water Quality Agency Records 4.4.6 Oil and Gas Agency Records or Maps 4.4.7 Pipeline Agency Records or Maps 4.4.8 Other Pertinent Records/File Reviews 4.5 REVIEW OF ENVIRONMENTAL RECORDS SEARCH 4.6 CHAIN -OF -TITLE ABSTRACT AND/OR REVIEW 4.7 ADDITIONAL ENVIRONMENTAL DOCUMENTS 4.8 HISTORICAL SITE USE 4.9 IDENTIFICATION OF HISTORICAL DATA GAPS 4.10 REVIEW OF TITLE AND/OR JUDICIAL RECORDS FOR ENVIRONMENTAL LIENS OR ACTIVITY AND LAND USE LIMITATIONS (E.G., ENGINEERING AND INSTITUTIONAL CONTROLS) SECTION 5.0 INTERVIEWS 5.1 INTERVIEWS WITH OWNER, PROPERTY MANAGER, USER, AND OTHERS 5.2 PURCHASE PRICE VERSUS FAIR MARKET VALUE INTERVIEW SECTION 6.0 CONCLUSIONS AND RECOMMENDATIONS 6.1 RECOGNIZED ENVIRONMENTAL CONDITIONS 6.2 DE MINIMIS CONDITIONS, HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS, AND CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS SECTION 7.0 LIMITATIONS SECTION 8.0 FIGURES SECTION 9.0 APPENDICES Appendix A Site Photographs Appendix B Summary of Agency Contacts Appendix C Copies of Records Appendix D One -Mile Radius Regulatory Database Report Appendix E Sampling and Analysis Documents Appendix F Interview Notes Appendix G Miscellaneous Information Appendix H References Appendix I Qualifications Appendix J Environmental Acronyms and Definitions Copyright Vi� 2018 Florida Environwenral Consulting, Inc All rights reserved 1-2 Florida Environmental Consulting, lnc project No. FEC-I 8-I M 10 of 166 SECTION 1.0 EXECUTIVE SUMMARY: FINDINGS AND CONCLUSIONS 1.1 FINDINGS This report presents the results of the Phase I Environmental Transaction Screening conducted by Florida Environmental Consulting, Inc. at 1215 Indian River Drive, Sebastian, FL 32958 (see Figure 2, Site Location Map). The Phase I was undertaken at the request of the City of Sebastian in accordance with Florida Environmental Consulting, Inc.'s Standard Terms and Conditions. The findings and conclusions of this investigation are based upon a review of historic site -use activities, contact with and records from governmental regulatory agencies, regulatory database searches, as well as a site reconnaissance and interviews with the client, site personnel, and possibly others who may have knowledge of various aspects of the subject site. At the time of this assessment, the site consisted of approximately 0.76 acres of commercially developed land. Information gathered in the course of this assessment indicates that the subject site is currently owned by Ruth Sullivan. The principal findings of Florida Environmental Consulting, Inc.'s Phase I Transaction Screening for this site are as follows: The subject site is currently affected by • No recognized environmental condition (REC); and • 1 de minimis conditions, historical recognized environmental conditions (HREC), or controlled recognized environmental conditions (CREC). • The potential for soil or groundwater contamination of the subject property from either on or off -site sources appears to be low. • Given the findings and conclusions of Florida Environmental Consulting, Inc.'s Phase I Environmental Transaction Screening, further investigation is not recommended at this time. • Florida Environmental Consulting, Inc. has performed this Phase I Environmental Transaction Screening of the subject site in conformance with the scope and limitations of the standard practice set forth in the American Society for Testing and Materials (ASTM) Designation: E1528-14, "Standard Practice for Limited Environmental Due Diligence, Transaction Screen Process." Any exceptions to, or deletions from, these practices are described in Section 1.4 of this report. Coplright `i' 2018 Floddu Environmental Consulting, Inc. All rights reserved 1-1 Florida Enidronmenral Consuldng, Inc Project No. MC-18-100 11 of 166 1.2 CONCLUSIONS SUMMARY Based on the findings of this Phase I Environmental Transaction Screening, Florida Environmental Consulting, Inc. has identified the following recognized environmental condition(s): RECOGNIZED ENVIRONMENTAL CONDITION(S) Condition # Location None N/A Description of Condition No evidence of recognized environmental conditions was found during this investigation. Based on the findings of this Phase I Environmental Transaction Screening, Florida Environmental Consulting, Inc. has identified the following de minimis conditions, historical recognized environmental conditions, and/or controlled recognized environmental conditions: DE MINIMIS CONDITIONS HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS, OR CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS Condition # Location Description of Condition Condition 1 Existing The subject site contains Asbestos Buildings Copyright 3D 2018 Florida Environmental ConsaNing, Jna All rights reserved 1-2 De minimis Florida Environmental Consulting, Inc Project No. FCC -I S-106 12 of 166 1.3 SITE FACTS Current Owner(s): Ruth Sullivan Current Use: Motel Total # of Existing Buildings: 3 Total Sq. Ft. of Buildings: 2360 Date Oldest Building was Built: 1951 The subject site obtains its potable water from private underground wells. The subject site disposes of its sewage through use of an on -site septic system. The subject building is heated and/or cooled by individual heating and air-conditioning systems. Parcel 4: 31390600000005000010.0 Address Provided by Client: 1215 Indian River Drive, Sebastian, FL 32958 Total Acreage of Land: 0.76 Date of Site Reconnaissance: 2/7/2018 Total # of Wells (water, oil, gas, other) identified onsite: None, shared water well offsite, hose bibs only Areas/Units that were inaccessible to the Florida Environmental Consulting, Inc. field assessor: None Were enough (units/offices/buildings/acres) inspected to ensure that the inspection was homogenous? Yes Did the field assessor notice any unusual odors on or from the subject site or adjoining sites during the site reconnaissance? No 1.4 EXCEPTIONS AND/OR DELETIONS TO ASTM E 1528 There are no exceptions to ASTM E 1528. 1.5 NON -SCOPE ISSUES Asbestos -containing materials were assessed. Copyright V 201 B Florida Eariroamentul Consulting, Inc. All rights reserved 1-3 Florida Environmental Consulting, Ina Project No. FEC-1 8-1 OG 13 of 166 SECTION 2.0 INTRODUCTION 2.1 PURPOSE OF A PHASE I The purpose of this Phase I Environmental Transaction Screening is to assess (1) the likelihood of contamination of the subject site as a result of either past or present land -use practices; and (2) the potential for future environmental contamination which may occur as a result of current conditions or operations and maintenance activities at either the subject site or properties adjoining the subject site, thereby identifying real or potential environmental or economic impact to the subject site. In this way, the client may satisfy a requirement to qualify for the innocent landowner defense to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) liability by completing "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial and customary practice." To meet these objectives, Florida Environmental Consulting, Inc. attempted to complete the tasks outlined in this section except as noted in Section 1.4. 2.2 SCOPE OF WORK The Scope of Work that has been followed for this assessment is identified in Section 1.1, Page 1-1. 2.2.1 Site Description Site photographs were taken during the site reconnaissance. The photographs and their summary descriptions can be found in Appendix A. Florida Environmental Consulting, Inc. reviewed pertinent, reasonably ascertainable information on the soil types and groundwater conditions in the vicinity of the subject site. For the purposes of this assessment, the depth from the ground surface and the direction (or gradient) of the groundwater flow are of particular significance. Such findings are used by Florida Environmental Consulting, Inc. report writers, in conjunction with additional information about environmental conditions on nearby sites, to assess the risk that is faced by the subject site from off -site sources of contamination. It should be noted that Florida Environmental Consulting, Inc.'s geological and hydrological research does not include investigation of seismological concerns that may affect the area of the subject site. Although the existence of faults in an area may be of concern to property owners and residents in that area, it is not considered to be an environmental contamination concern, and so is not usually a component of a Phase 1 Environmental Transaction Screening. Cop)Tighl 2018 Florida Environmental Consulting, Inc All rights reserved 2-1 Florida Environmental Consulting, lac Project No. FEC-18-106 14 of 166 2.2.2 Site Reconnaissance A Florida Environmental Consulting, Inc. field assessor conducted a visual reconnaissance of the subject property to identify observable signs of environmental impairments, including on -site operations and maintenance activities which may lead to possible environmental impairment. As a part of the site reconnaissance, Florida Environmental Consulting, Inc. visually inspected the site for obvious indications of: • Existing and previously existing storage tanks (aboveground and underground) • Hazardous substances storage and handling • Clarifiers, sumps, trenches, and industrial discharge sources • Equipment which may contain polychlorinated biphenyls (PCB) (fluorescent light ballasts are not inspected) • Indications of spillage of hazardous substances, and the general condition of concrete, asphalt, soil, and other surfaces • Indications of stressed vegetation as a result of on -site contamination During the site reconnaissance, Florida Environmental Consulting, Inc. field assessors may make note of basic compliance issues which, may be environmental in nature, however are not issues directly associated with the potential for site contamination (i.e., the specific objective of our assessment). However, as a service to our clients, and because these compliance issues may contribute to our overall understanding of site operations, Florida Environmental Consulting, Inc. may comment on the site's basic compliance status. The review of the site's compliance status is not intended to be complete or comprehensive and may or may not include all items identified during the site reconnaissance. Again, the compliance review is not intended as a comprehensive compliance audit. Rather, the compliance review is only intended to aid Florida Environmental Consulting, Inc. in determining the likelihood that the subject site may have been impacted by releases of hazardous substances. When the storage or use of hazardous substances are encountered on a site, the Florida Environmental Consulting, Inc. field assessor will look for or inquire about the on -site presence of Material Safety Data Sheets (MSDSs). MSDSs are prepared by the manufacturers of hazardous substances (pursuant to OSHA's Hazard Communication Standard), and they detail the components, dangers, and proper handling procedures for the hazardous substance for which they have been prepared. The presence or absence of MSDSs for on -site hazardous substances will be noted in 3.5, Hazardous Substances Storage and Handling. However, some sites may use or store hundreds of various chemical compounds. In such cases, it is practically impossible for the field assessor to match -up each substance with its corresponding MSDS. Still, the field assessor will inquire about MSDSs and copies of representative MSDSs that were made available will be included in Appendix G. Copyright "P 2018 Florida Environmental Consuhing, Inc. Ali rights reserved 2-2 Florida Entrronmental Consulting, Inc Project No. FGC-I8-106 15 of 166 Florida Environmental Consulting, Inc. may have (based on contract) inspected and reviewed information for the subject site regarding the presence of specific hazardous substances which are relatively common sources of environmental concern. The substances in question include: • Common building materials that may contain or are suspected of containing asbestos • Radon (at elevated levels) • Lead -contaminated drinking water • Lead -based paints Based on ASTM E1527-05 AND E1527-13, federal, state, and other regulatory agency guidelines, the following presumptions were in force if and when Florida Environmental Consulting, Inr- inspected the subject site for specific hazardous substances: • Structures built after 1980 are considered asbestos -free. Structures built after 1979 are considered lead-free (with respect to both water and painted surfaces). • Fluorescent light ballasts will be considered PCB -free and will not be noted in the report regardless of their date of manufacture, unless Florida Environmental Consulting, Inc. is instructed to do otherwise in writing by the client. Florida Environmental Consulting, Inc. also inspected the properties that adjoin the subject site. In general, this inspection included a "drive -by" survey to note the operations which may pose an imminent or potential environmental threat to the subject site. 2.2.3 Review of Historical Information For this assessment, Florida Environmental Consulting, Inc. may have reviewed reasonably ascertainable historical aerial photographs and United States Geologic Survey (U.S.G.S.) topographic maps of the subject site and vicinity. This review consisted of examining the reasonably ascertainable available photographs and topographic maps for evidence of activities on or development of the subject site and adjoining sites that may show an environmental condition or concern which may currently affect the subject site. The specific aerial photographs and U.S.G.S. maps that were reviewed for this assessment are identified and their environmentally relevant features are described in Section 4.1. Florida Environmental Consulting, Inc. may have also reviewed any reasonably ascertainable Historic Maps of the subject site and vicinity. Such maps have been prepared by fire insurance companies in order to determine the potential risk of fire damage to buildings in metropolitan areas. These maps have been produced since the mid-] 850s and, for some areas, they are still produced today. For the purposes of a Phase I Environmental Transaction Screening, these maps may contain helpful information on the ages and past uses of buildings, as well as information about on the Copyright fs" 2018 Florida Environmental Consulling, Ina All rights reserved 2-3 Florida Environmental Con ldng, lne Project No. FEC-I8-106 16 of 166 storage of hazardous and flammable substances. However, because it was only worthwhile for fire insurance companies to map metropolitan areas, the scope of coverage of these maps is somewhat limited. If Historic Maps have provided coverage of the subject site, and if the specific maps were reasonably ascertainable, then the specific maps that were reviewed for this assessment are identified, and their environmentally relevant features described, in Section 4.2. One of the least known yet most complete and comprehensive historical sources are historical city or street directories. These texts may have been reviewed by Florida Environmental Consulting, Inc. to the extent that they have provided coverage of the subject site and were reasonably ascertainable. Florida Environmental Consulting, Inc. reviews historical city or street directories (also known as criss cross or reverse indexed directories) for information on the past occupants of and activities on the subject site and adjoining sites. These directories were prepared by companies that catered to the needs of salespeople by providing the names of the occupants at a given address (that is, unlike a traditional telephone book, the entries of a reverse directory are arranged by address, not by name). However, like Historical Maps, the scope of coverage of these directories is limited to mostly metropolitan areas. If they were reasonably ascertainable, they were reviewed and Section 4.3 contains listings of historical city or street directories. Florida Environmental Consulting, Inc. has contacted various state, county, and municipal agencies having current or past jurisdiction over the subject site, in an attempt to review reasonably ascertainable records that contain specific information about environmental conditions on the subject site that these agencies may have on file, or to establish that no environmentally relevant records are on file for the subject site. The client should be aware that most regulatory agencies file their records by address or corporate name (as opposed to parcel number or site name). If no specific address has been assigned to a site, then, typically, no environmental records related to the site will be forthcoming from the state, county, or municipal regulatory agencies. The findings of this records search are reported in Section 4.4, Agency Contacts. The addresses, phone numbers, names of the persons contacted within the various agencies are listed on the Regulatory Contacts Sheet, which is included in Appendix B. Copies of any records obtained from regulatory agencies can be found in Appendix C. In some instances, Florida Environmental Consulting, Inc. may not yet have received a reply from one or more of the agencies that were contacted. (Some agencies will take six weeks or longer to reply to a verbal or written request.) In the event of such delays in response, rather than delaying the issuance of the report, Florida Environmental Consulting, Inc. has indicated in the report that a response to the request for records is pending, and a copy of the regulatory request form has been included in Appendix B. Any pertinent information that is subsequently received from the pending agency will be addressed and forwarded to the client in the form of an addendum to this report. Florida Environmental Consulting, Inc. has also reviewed an ERS RecCheck Report, a computer - generated federal, state, and regional one -mile regulatory database search in an effort to determine whether the subject site is listed on an agency environmental database and to identify possible regulatory -listed sites of concern within a one -mile radius of the subject site. In general, these documents list known or suspected hazardous -waste generators, release sites, landfills, unauthorized disposal sites, sites with registered underground storage tanks, and sites currently under investigation for known or suspected environmental violations or releases. In conjunction with the findings on the geological and hydrological conditions, information obtained from the database search can be used to assess the environmental risk faced by the subject site from past or present off - site sources of contamination. Additionally, the ERS RecCheck Report may provide information Coplright ,<" 2018 Florida Environmental Consuhing. /nc. All rights reserved 2-4 Florido Environmmital Cons.1 ft, Ine. Project No. FEC-19-106 17 of 166 about on -site sources of contamination. The ERS RecCheck Report review can be found in Section 4.5; a copy of the complete ERS RecCheck Report document and a detailed description of the databases that were searched are included in Appendix D. When requested, Florida Environmental Consulting, Inc. will compile and review a chain -of -title abstract for the subject property. The chain -of -title abstract can help the client and Florida Environmental Consulting, Inc to better understand the history of the use of the subject site. The chain -of -title abstract is typically compiled from documents obtained from the County Recorder's Office or Tax Assessor's Office. The chain -of -title abstract review, if completed for this report, can be found in Section 4.6. The County Assessor also may be contacted to determine whether the subject site has been assigned addresses in the past which are different from its current address. It is the client's responsibility to supply Florida Environmental Consulting, Inc. with any records of environmental liens or other such documents. On occasion, the client, the client's representatives, or on -site personnel will make available environmental documents pertaining to the subject site. These documents may be prior Phase I Reports, environmental site remediation reports, foundation soil reports, or occupancy records, among others. If these are made available prior to the issuance of the report, Florida Environmental Consulting, Inc. will review the conclusions of these documents, which may help to confirm or disprove any tentative findings that Florida Environmental Consulting, Inc. has developed independently. If the client has supplied environmental documents for review as part of this assessment, the findings are included in Section 4.7. After the above information from existing historical records, regulatory agencies, interviews, and other additional environmental documents has been reviewed and evaluated, Florida Environmental Consulting, Inc. presents the site uses for the subject property as well as adjoining site uses in a chronological table. This historic site use summary assists the client, as well as the field assessors and reviewers to have a perspective of the historical uses of the subject site. The Historical Site Use is presented in Section 4.8, 2.2.4 Interviews Florida Environmental Consulting, Inc. attempts to interview various individuals who may have knowledge of various aspects of the subject site. Typically, the interviewees might include: • Current and previous owners • Site and operations managers • Tenants • Local regulatory personnel The interviews are summarized in Section 5.0 and interview notes are included in Appendix F. Copyright 1 2018 Florida Environmental Consulting, Ine. All rights reserved 2-5 Florida Endroarnentnl Consaltlng, Inc. Project No. FPC-18-106 18 of 166 2.2.5 Conclusions and Recommendations Section 6.0, Conclusions and Recommendations, provides detailed descriptions of the recognized environmental conditions, the de minimis conditions, historical recognized environmental conditions, and controlled recognized environmental conditions that, in the professional opinion of Florida Environmental Consulting, Inc., currently affect the subject site. Section 6.0 also recommends or suggests the next -step actions that may be required to begin addressing the conditions. The essential information on a condition at a given location is contained in the "Description of Condition" and the "Action Suggested" boxes of the table for that location. The section numbers refer to those sections in the report that describe the research tasks and findings behind the conclusions. This reporting method allows the reader to quickly go to those sections that are pertinent to the condition. 2.3 INTERPRETATION OF THE REPORT Following the completion of the tasks outlined above, Florida Environmental Consulting, Inc. prepared this report to present our findings and conclusions clearly and consistently. In an attempt to aid the reader and bring organization to pieces of seemingly unrelated information, Florida Environmental Consulting, Inc. has developed a report format that is both innovative and concise. Each piece of information is described in the context of the research or assessment task under which it was found. Typically, an environmental condition will incorporate a number of specific findings. So, in Section 6.0, Conclusions and Recommendations, the various particular findings are grouped together and collectively presented with the description of the environmental condition that is corroborated by those findings. Copyright V 2018 All rights reserved 2-6 Fluridu Enrirunmenlul Consul ing, Inc. Rojw No. FEC-1 R-106 19 of 166 SECTION 3.0 SITE DESCRIPTION AND RECONNAISSANCE The subject site is surrounded by an area of predominantly commercial and residential properties. On the date of the site reconnaissance, the subject site consisted of 0.76 acres of commercial motel usage. The following subsections describe the physical characteristics of the subject site and are a compilation of the observations made during the visual site inspection. 3.1 SITE PHOTOGRAPHS A Florida Environmental Consulting, Inc. field assessor completed a reconnaissance of the subject site, at which time a number of photographs were taken to document the current condition and use of the site. The photographs can be found in Appendix A. 3.2 GEOLOGIC AND HYDROGEOLOGIC CONDITIONS According to United States Department of Agriculture. Soil Survey Geographic (SSURGO) Database data, the native soil type is Immokalee fine sand Map Unit Type: Consociation Hydric: No Drainage Class: Poorly drained General Information: Sandy, siliceous, hyperthermic, ortstein Alfic Alaquods. Fill material was not used. The elevation of the subject site appears to be 7 feet above mean sea level. Groundwater in the site vicinity is known to occur very close to the surface and flow towards the east and the Indian River Lagoon. However, the specific flow direction is unknown. It should be noted that the flow direction and depth of groundwater may be influenced by rainfall, tidal activity, shore properties, and local groundwater pumping operations. Storm water discharge across the site appears to sheet flow east to the municipal stormwater system. The direction and destination of storm water discharge does not appear to be a source of environmental concern to the subject site. 3.3 EXISTING STORAGE TANKS No evidence of any existing aboveground or underground storage tanks was observed on the subject site during the site reconnaissance nor noted in the research conducted for this assessment. CopyrighteD2018 Florida Environmental Consuldog,Inc. All rights reserved 3-1 Florida Environmental Consulting, Inc. Project No, FHC-I8-106 20 of 166 3.4 PREVIOUSLY EXISTING STORAGE TANKS No evidence of previously existing aboveground or underground storage tanks was observed on the subject site during the site reconnaissance nor noted in the research conducted for this assessment. 3.5 HAZARDOUS SUBSTANCE STORAGE AND HANDLING No storage or handling of hazardous substances was observed in the areas inspected during the site reconnaissance. 3.6 SPECIFIC HAZARDOUS SUBSTANCES RECONNAISSANCE 3.6.1 Summary of Specific Hazardous Substances Reconnaissance (Beyond ASTM Scope) In addition to a general inspection of the subject site for evidence of the presence of hazardous substances or environmental concerns, the field assessor also conducted a reconnaissance for a set of specific hazardous substances that are not addressed in the scope of the ASTM Standard. The results of this specific reconnaissance are given in the following table(s). If a specific suspected hazardous substance was sampled or otherwise tested, this will be indicated in the table and the results of the laboratory analysis or other tests will be given in Section 3.6.2. ID # 1 2 SPECIFIC HAZARDOUS SUBSTANCES (BEYOND ASTM SCOPE) Substance Asbestos Radon Copyright '�'- 2018 Florida Environmental Consulting, Inc. All rights reserved Sampled? Yes No 3-2 Description ACM were found EPA Radon Zone: 3 (Predicted avg for county: < 2 pCi/L)For zip code 32958: Number of tests per zip code: 7 Number of tests where radon is > 4 pCi/L: 0 Percentage of test where radon is > 4 pCi/L: 0% The subject property is located in an area that is considered to have a low occurrence of radon. However, the occurrence of radon is site -specific; only testing can determine the actual radon level at the site. Condition De minimis N/A Florida Ensironmental Connsul6ng, lnc. Project No. PGC-18-100 21 of 166 ID # I Substance Sampled? Description Condition 3 Lead Paint No Based on the date of construction, it is N/A possible that there is lead -containing paint on -site, however the buildings are proposed for demolition and this condition would not affect susceptible individuals. 4 Lead Water No Based on the date of construction, there N/A is the potential for the presence of lead in the plumbing fixtures and/or pipes on - site, however the buildings are proposed for demolition and this condition would not affect susceptible individuals. Note: If the table indicates that a given substance has been sampled, then a related table can be found in Section 3.6.2, which will give the results of the laboratory analysis of the sample or samples 3.6.2 Details of Specific Hazardous Substances Sampling/Observations Please see Appendix 9.0.E for the Asbestos Survey Report. 3.7 POLYCHLORINATED BIPHENYLS (PCBS) The Florida Environmental Consulting, Inc. site reconnaissance does not include checking on -site fluorescent light fixtures for potential PCB content. Although fluorescent light ballasts may contain PCBs, the amount contained is considered to be so inconsequential that the ASTM (Standard Practice, E 1527) has stated: "Fluorescent light ballast likely to contain PCBs does not need to be noted." in a Phase I Environmental Report. No known or suspected PCB -containing equipment or materials were observed on -site during the site reconnaissance. 3.8 CLARIFIERS, SUMPS, TRENCHES, AND INDUSTRIAL DISCHARGE SOURCES No clarifiers, sumps, trenches, industrial floor drains, or industrial discharge points were noted during the site reconnaissance, historical, and/or regulatory research. 3.9 SURFACE CONDITIONS No significant areas of staining or other unusual surface conditions were observed during the site reconnaissance. Copwight Z 2018 Florida Environmental Consulting, Jno All rights reserved 3-3 Florida Envirunrnnual Cunsniting, Inc Project W PLC-IS-106 22 of 166 3.10 STRESSED VEGETATION No disfigured, discolored, dying, or otherwise stressed vegetation was observed on -site during the site reconnaissance. 3.11 PRIOR OR CURRENT AGRICULTURAL LAND USE The site reconnaissance, historical, and/or regulatory research conducted for this assessment indicates that the site has not been used for agricultural purposes in the past. 3.12 OTHER ENVIRONMENTAL CONDITIONS No evidence of further environmental conditions and/or impairments was observed during the site reconnaissance, beyond that evidence that has already been noted in this section. 3.13 VISUAL OBSERVATIONS, ADJOINING SITES During the site reconnaissance, the Florida Environmental Consulting, Inc. field assessor also visually inspected and documented the use of those properties which immediately adjoin the subject property. The observations of the adjoining properties were made by the Florida Environmental Consulting, Inc. field assessor on the date of the site reconnaissance. No sources of environmental concern were noted. Copyright 1' 2018 Florida Environmental Consulting, Inc. All rights reserved 3-4 Florida Environn+rnru! Consulting, Inc Project No. rEG I9.1 a 23 of 166 SECTION 4.0 REVIEW OF HISTORICAL INFORMATION AND REGULATORY AGENCY RECORDS 4.1 HISTORICAL AERIAL PHOTOGRAPH AND U.S.G.S. TOPOGRAPHIC MAP REVIEW Florida Environmental Consulting, Inc. reviewed readily available and reasonably ascertainable aerial photographs and U.S.G.S. topographic maps of the area of the subject site. (A copy of a U.S.G.S. map, if available, has been included as Figure 1.) These aerial photographs and maps may have been obtained from Florida Environmental Consulting, Inc.'s library and/or another source (all sources identified in Appendix B). Each aerial photograph was reviewed for the subject property and, where applicable, adjacent property use. In addition, each photograph was reviewed to identify the presence of areas of dumping, staining, buildings, and/or aboveground storage tanks. Aerial photographs for the years of 1943 — 2016 and U.S.G.S. topographic maps for the year(s) of 2103 were reviewed and no recognized environmental conditions, de minimis conditions, historical or controlled recognized environmental conditions were identified. 4.2 HISTORICAL MAP REVIEW Florida Environmental Consulting, Inc. did not review historical maps for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.3 HISTORICAL CITY OR STREET DIRECTORY REVIEW Florida Environmental Consulting, Inc. did not review historical city or street directories for one or more of the following reasons: 3. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 4. Sufficient historical information was available from other sources to identify the past property uses. Copyright e'i 2018 Florida Envirormentol Consulting, boa All rights reserved 4-1 Florida Environmental ConsuUing, Inc. Prujccl No. FHC-I8-I06 24 of 166 4.4 AGENCY CONTACTS (RECORDS SEARCH) 4.4.1 Building Department Records Florida Environmental Consulting, Ina submitted a request to the local Building agency for the purpose of reviewing reasonably ascertainable, relevant building permits, original plumbing and finish schedules, building plans, or other readily available, relevant documents pertaining to the subject site that are on file with this agency (all sources are identified in Appendix B). The following table presents the results of this review. (Copies of the reviewed documents, when available and/or necessary are included in Appendix C.) SUMMARY OF BUILDING DEPARTMENT RECORDS Description of Permit/Plan Condition Built in 1951 may contain Asbestos De neinin:is 4.4.2 Fire Department Records Florida Environmental Consulting, Inc. did not review fire department records for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.4.3 Health or Environmental Agency Records Florida Environmental Consulting, Inc. submitted a request to the local Health Department and/or Environmental agency for the purpose of reviewing reasonably ascertainable environmental records that may be on file with this agency for the subject site. The following table gives the results of this review. (Copies of the reviewed documents, when available, are included in Appendix C and the source is identified in Appendix B.) SUMMARY OF HEALTH OR ENVIRONMENTAL AGENCY RECORDS Description Condition No records for environmental contamination found 4.4.4 Sanitation Agency Records N/A Florida Environmental Consulting, Inc. did not review sanitation records for one or more of the following reasons: Copyright 1' 2018 Florida Environmental Consulting, hre. All rights reserved 4-2 Florida Entdronmental Consulting, Inc. Project No. FLC-18-106 25 of 166 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.4.5 Water Quality Agency Records Florida Environmental Consulting, Inc. did not review water quality records for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.4.6 Oil and Gas Agency Records or Maps Florida Environmental Consulting, Inc. did not review oil and gas records for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.4.7 Pipeline Agency Records or Maps Florida Environmental Consulting, Inc. did not review pipeline for one or more of the following reasons: 1. Based on a reasonable amount of research, the information was not readily available, as defined in the ASTM Standard. 2. Sufficient historical information was available from other sources to identify the past property uses. 4.4.8 Other Pertinent Records/File Reviews There are no additional regulatory agencies known to Florida Environmental Consulting, Inc. that are likely to have further relevant environmental information pertaining to the subject site. No agency file reviews were conducted for the subject site or the adjacent sites for this investigation. Copyright a92018 Florida Environmental Consulting, Ina All rights reserved 4-3 Florida Environmenral Consulting. Inc Project No. FEC-15-106 26 of 166 4.5 REVIEW OF ERS RECCHECK REPORT The Florida Environmental Consulting, Inc. review of the ERS RecCheck Report (the complete ERS RecCheck Report is included in Appendix D) found the subject site is not a regulatory -listed site. In addition, there were no sites found that were (1) located within 'Amile of the subject site (that is, close enough, under certain conditions, to possibly constitute an environmental risk to the subject site), or (2) are sites that are further than 1/4 mile but still pose a concern to the subject site (that is, listed sites which may have experienced a release of hazardous substances of sufficient magnitude to constitute a regional threat or to have impacted the subject site). Listings of unmapped sites were reviewed to identify the subject site or any sites that are obviously adjacent to the subject property. Other unmapped sites are listed only in Appendix D. No environmental concerns were identified. 4.6 CHAIN -OF -TITLE ABSTRACT AND/OR REVIEW At the request of the client, a chain -of -title abstract was not requested or completed for this project. 4.7 ADDITIONAL ENVIRONMENTAL DOCUMENTS In the course of this assessment, Florida Environmental Consulting, Inc. was not provided with any additional environmental documents for review regarding the environmental condition of the subject site by the client or the client's representatives. 4.8 HISTORICAL SITE USE The chronological historical site use summary is based on reviewed aerial photographs, maps, regulatory agency files, interviews, and additional environmental documents. The historical site use summary for the subject site and the adjoin sites is presented in the following table. The rows of this table are organized in chronological order, according to the date range of a specific site use. HISTORICAL SITE USE Date Range Subject Site -1951 Vacant Natural 1951-Present Motel Copyright ?9 2019 Florida Environmental Consulting, Me. All rights reserved 44 Adjoining Sites Residential Commercial / Residential Florida Environmental Consulting, Inc. Project No. FEC-1 8-1 G6 27 of 166 4.9 IDENTIFICATION OF HISTORICAL DATA GAPS During the course of this assessment, Florida Environmental Consulting, Inc. identified no data gaps within the chain of historic documents regarding the environmental condition of the subject site. 4.10 REVIEW OF TITLE AND/OR JUDICIAL RECORDS FOR ENVIRONMENTAL LIENS OR ACTIVITY AND LAND USE LIMITATIONS (E.G., ENGINEERING AND INSTITUTIONAL CONTROLS) Florida Environmental Consulting, Inc. contacted the County Recorder's Office for the purpose of reviewing readily available and reasonably ascertainable title and/or judicial records for environmental liens or activity and land use limitations (e.g., engineering and institutional controls) that this agency may have on file for the subject site. Upon review of the readily available title and/or judicial records that typically pertain to environmental liens and/or land use limitations at this agency, no environmental liens, records of environmental activity and/or environmental land use limitations were identified. Not all records available and/or listed for this site at this agency were reviewed. Only those documents that typically contain those types of records (environmental liens and/or environmental land use limitations) were reviewed. Copyright ; 2018 Florida Environmental Conwifing, Mc All rights reserved 4-5 Florida Environmental Camulting, Inc Project No. FEC-15-106 28 of 166 SECTION 5.0 INTERVIEWS 5.1 INTERVIEWS WITH OWNER, PROPERTY MANAGER, USER, AND OTHERS As part of the Phase I, Florida Environmental Consulting, Inc. attempts to interview various individuals who may have knowledge of different aspects of the subject site as it pertains to environmental conditions. The comments of the interviewees are noted by the Florida Environmental Consulting, Inc. interviewer on Interview Note Forms, which are included in Appendix F. The following table summarizes the relevant portions of these notes. SUMMARY OF INTERVIEWS ID # Date of Name of Interviewee Title Relevant Discussions Condition Interview 1 2/7/2018 Ruth Sullivan Owner The owner is not aware of any N/A activity or land use limitations, engineering or institutional controls, environmental liens, or other restrictions that have been placed on the property relating to hazardous materials or petroleum products. He does not have any specialized knowledge of the subject property and surrounding areas material to recognized environmental conditions in connection with the subject property. 2 2/7/2018 Various City City employees did not have any N/A records relating to environmental contamination 5.2 PURCHASE PRICE VERSUS FAIR MARKET VALUE INTERVIEW Florida Environmental Consulting, Inc uses data supplied by the client to determine if a difference between the purchase price of the property and the fair market value of the property is due to the effect of any releases or threatened releases of hazardous substances or petroleum products. In this case the purchase price and/or fair market value are not being disclosed as part of this investigation. However, no current or past hazardous substance or petroleum product use was documented in this investigation. Therefore, any difference cannot be due to the effect of any releases or threatened releases of hazardous substances on the purchase price of the property. C'opyrighl �il 2018 Florida En nironmenral Consulting, /nG All rights reserved 5-1 Florida Endronmenral CansulRng, Ina Project No. FEC-18-1 W 29 of 166 SECTION 6.0 CONCLUSIONS AND RECOMMENDATIONS 6.1 RECOGNIZED ENVIRONMENTAL CONDITIONS This section contains full descriptions of any recognized environmental conditions (REC) that have been identified as a result of the Florida Environmental Consulting, Inc. Phase I Environmental Transaction Screening for the subject site. Florida Environmental Consulting, Ina classifies a condition as a REC (as opposed to a de minimis condition) when it is one that involves a condition for which, in the opinion of Florida Environmental Consulting, Inc., further investigation and/or remediation is recommended. In addition to the descriptions of condition, this section also contains a statement of the recommended next -step actions for any conditions that are described in the following tables. Each identified condition receives its own table, and that table will collect together the particular findings from the body of the report that have been used to support Florida Environmental Consulting, Inc.'s conclusion as to the presence of a recognized environmental condition. For the benefit of the reader, the tables also contain the section numbers of the findings cited in support of the condition. CONDITION # N/A IDENTIFIED CONDITION APPEARS TO BE A RECOGNIZED ENVIRONMENTAL CONDITION LOCATION:N/A SECTION # COMMENTS N/A No recognized environmental conditions appear to currently affect the subject site. DESCRIPTION OF CONDITION: N/A ACTION SUGGESTED: N/A TOTAL ESTIMATED COST TO COMPLETE SUGGESTED NEXT STEP ACTIONt N/A 6.2 DE MINIMIS CONDITION, HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS, AND CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS This section contains descriptions of de minimis conditions, historical RECs, or controlled RECs that have been identified in the Florida Environmental Consulting, Inc. Phase I Environmental Transaction Screening for the subject site. Florida Environmental Consulting, Inc. classifies an issue as a de minimis condition (as opposed to a REC) when (1) it involves issues that appear to pose no immediate or imminent threat to the subject site, but which over time (with the occurrence of groundwater movement, demolition, disturbance, etc.) may come to pose an actual or present REC for the subject site and/or when (2) it involves areas that currently appear to have a negligible impact on the Copyright 02018 Florida Environmental Consulting, Ina All rights reserved 6-1 Florida Environmemol Consulting. Inc. Project No. FEC- 1 R-106 30 of 166 subject property and which do not, therefore, require additional investigation at this time, but of which Florida Environmental Consulting, Inc. feels the client should be made aware. Florida Environmental Consulting, Inc. classifies a historical recognized environmental condition (HREC) as a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls. An HREC is limited to include only past releases that have been addressed to unrestricted residential use. Florida Environmental Consulting, Inc. classifies a controlled recognized environmental condition (CREC) as a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable agency, with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls. Each identified condition receives its own table, and that table will collect together the particular findings from the body of the report that have been used to support Florida Environmental Consulting, Inc's conclusion as to the presence of that condition. For the benefit of the reader, the table also contains the section numbers of the findings cited in support of the condition. CONDITION # I IDENTIFIED CONDITION APPEARS TO BE A DE MINIMIS ENVIRONMENTAL CONDITION LOCATION: Buildings DESCRIPTION OF CONDITION: Asbestos ACTION SUGGESTED: Disposal of applicable material by a qualified ACM remediator TOTAL ESTIMATED COST TO COMPLETE THE SUGGESTED NEXT STEP ACTIONt $8,000410,000 Cop}Tight r 2018 Florida Environmental Consulting, Etc All rights rescrvcd 6-2 Florida Environmental Consulting, Inc Projcct No. FEC-18-106 31 of 166 SECTION 7.0 LIMITATIONS To achieve the study objectives stated in this report, we were required to base Florida Environmental Consulting, Ina's conclusions and recommendations on the best information available during the period the investigation was conducted and within the limits prescribed by Florida Environmental Consulting, Inc.'s client in the contract/authorization agreement and standard terms and conditions. Florida Environmental Consulting, Inc.'s professional services were performed using that degree of care and skill ordinarily exercised by environmental consultants practicing in this or similar fields. The findings were mainly based upon examination of historic records, maps, aerial photographs, and governmental agencies lists. The hazardous waste site lists represented in this report represent only a search of the specific government records as listed above. It should be noted that governmental agencies often do not list all sites with environmental contamination; the lists could be inaccurate and/or incomplete. Recommendations are based on the historic land use of the subject property, as well as features noted during the site walk and examined records. The absence of potential gross contamination sources, historic or present, does not necessarily imply that the subject property is free of any contamination. This report only represents a "due diligence" effort as to the integrity of the subject property. No warranty or guarantee, expressed or implied, is made as to the professional conclusions or recommendations contained in this report. The limitations contained within this report supersede all other contracts or scopes of work, implied or otherwise, except those stated or acknowledged herewith. This report is not a legal opinion. It does not necessarily comply with requirements defined in any environmental law such as the "innocent landowner defense" or "due diligence inquiry." Only legal counsel retained by the client is competent to determine the legal implications of any information, conclusions, or recommendations in this report. The compliance status, discussed in Section 3.0, is not intended for use as a guide to compliance for the present owner. Its intended use is to identify environmental impairments to the subject property and is not to be used as a guide to the legal compliance to any regulations of any kind. The findings, conclusions, recommendations, and professional opinions contained in this report have been prepared by the staff of Florida Environmental Consulting, Inc. , in accordance with generally accepted professional practices. All cost estimates in Section 6.0, are purely estimates only, and may not represent the actual costs. Without further investigative assessment, exact, actual costs cannot be fixed. The costs associated with Florida Environmental Consulting, Inc.'s recommendations are for budgetary purposes only. This report does not address, in any way, septic systems, leach fields, septic tanks, or related health hazards. All asbestos, lead, or any other sampling is sampled in a good faith effort by Florida Environmental Consulting, Inc. assessors. Sample results should not be construed as conclusive and binding in any way. All sampling conducted is only for the purposes of general screening and does not imply that all materials, locations, or hazardous materials have been identified nor was the sampling intended to identify every instance of the materials sampled. No interpretation of the sample results is made or implied. Florida Environmental Consulting, Inc. only relays the information supplied by the laboratory conducting the analysis. THIS REPORT WAS PREPARED FOR THE SOLE USE AND BENEFIT OF OUR CLIENT, AND IS BASED, IN PART, UPON DOCUMENTS, WRITINGS, AND INFORMATION OWNED AND POSSESSED BY OUR CLIENT. NEITHER THIS REPORT, NOR ANY OF THE INFORMATION CONTAINED HEREIN, SHALL BE USED OR RELIED UPON FOR ANY PURPOSE BY ANY PERSON OR ENTITY OTHER THAN OUR CLIENT. ALL STANDARD TERMS, CONDITIONS, AND LIMITATIONS BY Florida Environmental Consulting, Inc. APPLY AT ALL TIMES FOR THIS REPORT AND ALL REPORTS ISSUED BY Florida Environmental Consulting, Inc. Copyright R92018 Florida Environmental Consuffing, lac. All rights reserved 7-1 Florida Environmental Consulting, Inc. Project No. FEC-15-106 32 of 166 SECTION 8.0 FIGURES Copyright ', 2018 Florida Environmental Conwhing, Inc All rights rew-Ned 8-1 Florida Enrvrmrmentul Consulting, Ina Projcct No. FEC-1 N-106 33 of 166 SECTION 9.0 APPENDICES Cop right E) 2018 Flarida Environmental ConaJling, lies. All rights resm cd Florida Entvronnrenral Cenwhing In Project No. FEC-18-106 36 of 166 APPENDIX B SUMMARY OF AGENCY CONTACTS 1 Frank Wantanabe City of Sebastian, Engineering 2 Charles Voght Department of Environmental Health 3 Indian River County Property Appraiser 4 I Cathy Testa City of Sebastian, Records Clerk 5 Florida Department of ERA Environmental Protection 6 Dori Bosworth City Of Sebastian Planning Copwigh[" 2018 Florida Environmental Consuling, Inc All rights msened Florida Enrironinental Consulting, Inc Pmjea No. FEC-IA-100 37 of 166 Attachment 3. Commercial Waterfront Residential Zoninrt District: Sec. 54-2-5.5. - Commercial Waterfront Residential District (CWR) (a) Intent. The purpose and intent of the CWR District is to provide a management framework for implementing comprehensive plan objectives and policies for the Riverfront Mixed Use designation illustrated on the future land use map. All development in the Commercial Waterfront Residential District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CWR District is intended to preserve the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. (b) Permitted uses: Single-family dwellings Duplex dwellings Multiple -family dwellings up to 8 units per acre Timeshare facilities Cultural or civic facilities Clubs and lodges, public and private Commercial retail <_ 5,000 sq. ft. Foster care/group homes with <_ 6 residents Boat sales or rental Bait and tackle shops Fish markets/packing facilities Yacht clubs Restaurants excluding drive -through facilities Bars and lounges Trade and skilled services, marine -related only Marinas Marina fuel sales Marine power sales and service 38 of 166 Home occupations Accessory uses to permitted uses (c) Conditional uses: Model homes Educational institutions, marine related Commercial retail > 5,000 sq. ft. Business & professional offices, excluding drive -through facilities Utilities, public and private Foster care/group homes with > 6 residents Parks and recreation, public Hotels and motels Parking lots without a building on the lot Protective and emergency services, public Bed and breakfast Wet or dry storage of boats Accessory uses to conditional uses (d) Size and dimension criteria: (1) Maximum density: 8 units per acre. (2) Maximum FAR: 50%. (3) Maximum height: West of Indian River Drive: 35 feet. East of Indian River Drive: 25 feet. (4) Lot coverage: Maximum building coverage: 30%. Maximum impervious surface: 80%. Minimum open space: Nonresidential: 25%. 39 of 166 Residential: 50%. (5) Lot dimensions: Minimum lot size: 10,000 square feet. Minimum lot width: 80 feet. Minimum lot depth: 125 feet. (6) Minimum setbacks: Front yard: Nonresidential, with sidewalk, curb and gutter: None required. Nonresidential, without sidewalk, curb and gutter: 10 feet. Residential: 25 feet. Side yard: Nonresidential: 5 feet, except 10 feet when abutting a residential district or use. Residential: 15 feet plus one foot per each additional 2 feet in height above 25 feet. Rear yard: Nonresidential: 10 feet, except 30 feet when abutting a residential district or use. Residential: 20 feet. Minimum distance between residential structures on the same lot: 20 feet. (7) Minimum living area: Single-family dwellings: The minimum floor area required, exclusive of porches, terraces, attached garages, carport or unroofed areas, shall be 1,200 square feet. Duplex: 750 square feet per unit. Multiple family dwellings: Required Minimum Living Area in Multiple Family Dwellings Type Dwelling/# Bedrooms Required # of Square Feet Efficiencies 600 One bedroom units 700 40 of 166 Required Minimum Living Area in Multiple Family Dwellings Type Dwelling/# Bedrooms Two bedroom units Three bedroom units Each additional bedroom after three bedrooms Required # of Square Feet 850 1,000 100 sq. ft. per additional bedroom (8) Required accessory structures: Every single-family and duplex dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed structure is provided then each unit within the principal structure shall contain a fully enclosed utility storage area of at least 60 square feet which shall be designed as an integral part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension of ten feet by 20 feet. (e) Regulation of sales promotional activity: Sales activities for commercial resort residential units shall comply with all of the following criteria: (1) The original sale of the vacation time sharing plans may be conducted on premises in a sales office and in up to a maximum of two model units; (2) The on -site sales activity shall be limited to original developer sales; (3) The sales activity shall be conducted inside the sales office and model units so as not to be noticeable from the outside, except for permitted graphics; (4) On -site sales activities shall be terminated upon completion of original sales; and (5) A minimum of one parking space for each two proposed units shall be provided on site for the sales staff and potential purchasers' use during the (marketing) sales promotional and construction phases. (f) Conversions to time-share units: No development involving the conversion of an existing dwelling unit to a time-share unit may take place unless the applicant attaches to his application for zoning or site plan approval either: (1) A copy of any information required by the state, including as may be appropriate, a condominium declaration, sales prospectus, and/or other documents required by the state in regulating the use. Such material shall include a statement in prominent type declaring that time- share units will or may be created with respect to units proposed; and/or (2) An amendment to a prior existing condominium declaration that permits time-share estates to be created, which amendment has been executed by each record owner of each unit of the condominium and each record owner of each lien on each unit of the condominium. (g)Other required information. Applicants for a time-share use shall file with the city all public documents required by the state in regulating such use. The purpose of this requirement is to provide assurance that the applicant has been found in compliance with all requisite state regulations governing the use, including method of sales, operations, and other issues of public health, safety and welfare. 41 of 166 A FRONT ELEVATION Site and Code Conditions: FLUM: Riverfront Mixed Use Parcel Size: 0.75 acres Current zoning: Commercial Waterfront Residential District (CWR) Permitted Uses: Multiple -Family Dwellings up to 8 units per acre Commercial retail less than or equal to 5,000 sq ft Potential Develo[)ment Scenario: Density: 0.75 acres x 8 Dwelling Units per acre = 6 Dwelling Units 6 townhouses with 2-car garage, typical unit size 1,500 sq ft OR Dwelling Units above Retail Units Height: 2-3 stories Former "Harbor Lights Motel" Site Make this city -owned site a redevelopment project by envisioning a small-scale, mixed -use development such as, townhomes and three (3) story mixed -use with ground floor commercial retail, second floor live/ hotel/ work, third floor live/hotel with balconies providing water views along Indian River Drive. This redevelopment should capitalize on the site's location along the waterfront, the Indian River Drive "waterfront promenade", and the addition of a public waterfront park.Guarantee that the site is ready to be developed by conducting all the necessary surveys, tests, environmental review, and other procedures. Develop a specific strategy for the potential redevelopment which may include; 1. Prepare and issue a request for proposals solicitations for the site redevelopment; 2. Specify the intent and aspirations of the City with development incentives with items such as; public benefit bonuses and utility improvements; 3. Create "brochure" type real estate marketing material and promote site on website and at events where real estate, developers, bankers, and others meet. 45 of 166 MIX 5EBASTL .�.-,.� N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, JANUARY 27, 2021 - 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 John Gill, Sebastian United Methodist Church, gave the invocation. 3. Vice Mayor Hill ledge the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Chris Nunn Council Member Bob McPartlan Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dorri Bosworth Planner Michelle Faulkner Public Facilities Director/Airport Director Scott Baker Police Officer Robert Vafiades 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS 20.014 A. Proclamation - Retirement of Kip Kelso. Sebastian Municipal Cemetery Supervisor - Celebratina 37 Years of Service Mayor Dodd read and presented Mr. Kelso with the proclamation. Mr. Kelso said during his tenure he has learned a lot, most notably how to be a team player. The Public Facilities Director said Mr. Kelso has done an outstanding job and made Sebastian proud. He presented him with an award thanking him for his 37 years of knowledge and commitment. Brief Announcements • January 30 - Sebastian River Art Club Show at Riverview Park - 10am - 4pm • February 5 - Concert in the Park at Riverview Park — 5:30pm — 8pm - Johnny & the Blaze (Motown, Classic Rock, Funk, Top 40) 52 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 2 Mayor Dodd announced the upcoming events. 7. PUBLIC INPUT Mark Duffaney, 125 Pelican Island Place, stated he was the City Manager's neighbor and he commented on the City Manager's yard. Zoom Input Robert Stephen asked why the newspaper ad for the comprehensive plan was such a tiny font. He asked spoke on the City's contract for spraying the waterways. 8. CONSENT AGENDA A. Approval of Minutes — January 13. 2021 Reaular Citv Council Meetinq MOTION by Council Member Nunn and SECOND by Council Member Jones to approve consent agenda item #A passed with unanimous voice vote. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS 21.015 A. Construction Board (Transmittal, Application, List, Advertisement) Interview, Unless Waived, Submit Nominations for One Unexpired, Concerned Citizen, Alternate Member Positions — Term will Expire September 21, 2021 MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to appoint Christopher Roberts to the Construction Board passed with a unanimous consent. 10. PUBLIC HEARINGS 21.016 A. First Readina of Ordinance No. 0-21-01 Providina for the Transmittal of the Citv of Sebastian Proposed Comprehensive Plan 2040 in Accordance with the State Coordinated Review Amendment Process Section 163.3184(4) and (5). Florida Statutes (Transmittal. Final Draft Recommendations, 0-21-01)(Documents available at httDs://www.citvofsebastian.ora/373/Comprehensive-Plan-2040) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF SEBASTIAN COMPREHENSIVE PLAN IN ITS ENTIRETY, EXCLUDING THE ECONOMIC DEVELOPMENT ELEMENT, PURSUANT TO 163.3184 (3), FLORIDA STATUTES; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN COMPREHENSIVE PLAN 2040, INCLUDING AMENDMENTS TO THE LAND USE ELEMENT AND THE FUTURE LAND USE MAP, THE TRANSPORTATION & MOBILITY ELEMENT, THE HOUSING ELEMENT, THE INFRASTRUCTURE ELEMENT, THE CONSERVATION & COASTAL MANAGEMENT ELEMENT, THE PARKS, RECREATION, & OPEN SPACE ELEMENT, THE GOVERNANCE & IMPLEMENTATION ELEMENT, AND THE PUBLIC SCHOOLS ELEMENT; INCLUSIVE OF ALL ASSOCIATED TABLES, EXHIBITS AND MAPS; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING 53 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 3 6:39 pm 6:44 pm 6:58 pm FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 1/17/2021) The City Attorney read the title to Ordinance No. 0-21-01 and Mayor Dodd opened the public hearing at 6:15 p.m. The Community Development Director said the final version of the comprehensive plan was delivered to them in October as well as the Planning and Zoning Commission where staff received public input during workshops and open houses. She said those comments were now incorporated into the edited version they received two weeks ago and if approved tonight, it would be transmitted in its entirety to the Department of Economic Opportunities (DEO) as well as the stakeholders. She wanted Council and the public to know that there was still a 60 day window should anyone have the opportunity to review anything and bring it back to her attention. She also explained that once the plan came back from DEO they would see the final version for adoption. Kelley Klepper, AICP, Kimley-Horn & Assoc., displayed a PowerPoint presentation outlining what a comprehensive plan is. (See attached) He advised they will be formally adopting goals, objectives, policies and the maps which are the technical aspects of the plan. He briefly described the elements of the plan and pointed out the input they received during the workshops related to each element. Council Member Jones said on page 5 of the updated version, he said there is a notation for the number of vehicle crashes and asked if it was possible to put the 2020 numbers in those locations. He also asked that the changes requested by Jeremy Edwardson, Refuge Manager, Pelican Island National Wildlife Refuge be incorporated into the plan. (See e-mail attached) John Christino, said at the Planning and Zoning Commission review, there was a mixed use vote that had taken place and he was concerned that mixed use was not defined, he would like to see discussion come back to define mixed use. He suggested changing the use from industrial to residential and as property is developed, it could be adjusted for zoning afterwards. Russell Herrmann, 586 Redwood Court, Vice President of the Friends of St. Sebastian River, asked that the comp plan recognize the total daily maximum load (TMDL) for the St. Sebastian River as required by the U.S. Environmental Protection Agency. (See his comments attached.) Zoom Input Graham Cox, 1213 George Street, commented on the mixed land use designation and affordable housing proposed in the comp plan. (See comments attached.) He also highlighted an environmental education program the Pelican Island Audubon Society has with the Pelican Island Elementary School that would enhance the green infrastructure portion of the plan. 54 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 4 The Community Development Director said she would add the St. Sebastian River TMDL which will bolster the policy. Mayor Dodd noted that Dr. Cox suggested that the City should advertise more as they move through the comp plan process. Vice Mayor Hill said the document was well done, staff did an outstanding job incorporating the community's comments. Council Member Jones thanked everyone who worked on this; it will keep the City one of the most beautiful cities on the coast. Council Member McPartlan said this was the City's vision for next 20 years but noted that things change and he hopes they will still be on track in seven years. Mayor Dodd said the Community Development Department has done a fantastic job but he noted it will require a lot of changes in the Land Development Code so their work is hardly over. MOTION by Vice Mayor Hill and SECOND by Council Member Jones to approve Ordinance No. 0-21-01 on first reading providing for the transmittal of the proposed City of Sebastian Proposed Comprehensive Plan 2040 passed with a unanimous voice vote. 5-0 11. Mayor Dodd recessed the City Council Meeting and convened the Community Redevelopment Agency meeting at 7:07 p.m. A. Approval of Minutes — December 9, 2020 CRA Meeting MOTION BY Mr. McPartlan and SECOND by Mr. Nunn to approve the December 9, 2020 CRA Meeting minutes passed with a unanimous voice vote. 5-0 21.017 B. Discussion of Septic to Sewer Program Options and Provide Directive to Staff (Transmittal. Report) The City Manager said in 2019, the County noticed residents that sewer was available and since then the City has provided grants for conversions and notified others by flyers, notices, and news blasts that grant money was available. He said there are requirements in state statutes and city code that if sewer is available, it is mandatory to hook-up and the Health Department also requires a hookup if a septic system fails. He asked Council how they would like staff to proceed with a program to get approximately 140 properties in the CRA District off of septic systems. He said about 40 systems have to be put on a gravity system for about $4,000-$5,000 a unit. Mayor Dodd noted the City will lose grant money if people don't use the program; and the residents will lose the County's impact fee reduction currently available. He said during his discussions with the City Manager to come up with an objective to present to Council, he found out there is grant money available but this particular program requires 95% of the properties to connect which won't happen voluntarily. 55 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 5 7:21 pm He said what would be the process that the City could assume the financial contracting/managing responsibility to get these transactions to take place and cover that as much as possible with grant programs that will pay the cost to connect. He said it is feasible to do this and then go after each property owner for the ERUs to reimburse the City for what they couldn't cover with the grants. He said it is a way to get all the properties off the septic systems. He asked the other members if they had any interest in this. In response to Council Member Nunn, the City Manager said people have not come to the City to find other funding alternatives. He said if the Mayor's suggestion can help get the conversions paid for, he was in favor of it. Vice Mayor Hill said he was in favor of it and was a strong proponent of getting the sewer line in but he was concerned with the economic condition the small businesses and restaurants are in and that the City many be burdening them with additional expenses. He said if there was a way to get this paid without impacting the businesses, he would support it. Mayor Dodd said he also did not want to request money from businesses right now but possibly in 18-24 months. Vice Mayor Hill noted one thing in the agenda backup is to have an engineer start the process for approximately a year then they would have to wait to plan for any infrastructure improvements. Mayor Dodd said he would like Council to direct the City Manager to put together a project plan where the City takes on financing for the engineering work to do it. He said 100 lift stations would be unfathomable which is what will happen if the individual businesses go forward, so an engineering firm can determine how many lift stations to service a certain amount of businesses. Mayor Dodd explained one caveat is there are 40 gravity fed properties that in a year and half from now will have to pay an additional $600-700 County impact fees that they don't have to pay today. He said those properties can be done quickly at a savings with the grant money currently in the system. The City Manager said a portion of the City's available $160,000 is the match to the Indian River Lagoon Council of which $80,000 has to be spent by September. He said if they explain to the Indian River Lagoon Council their intent, the Indian River Lagoon Council may grant an extension. The Community Development Director said a single ERU is $2,796. Mayor Dodd said the City could pay that and roll that money into the 25% match they would expect from the property. Council Member Nunn asked if they could request the County to extend the impact fee reduction. The City Manager said he asked last year and the administrator said it would have to go back to the commissioners but he could not support the idea. 56 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 6 7:29 pm The Community Development Director said the County's website lists individuals on the gravity sewer line that have five years to connect (until May 22, 2024) with what needs to be paid by the property owner. She noted the impact fee savings would reduce to 600,10 in April 2021. Vice Mayor Hill asked if the County required the $2,700 ERU upfront or was is in the resident's payments. The City Manager explained that the County allowed residents to make payments on the infrastructure; but impact fees are required at time of connection. Council Member McPartlan asked if there was a way to make an ordinance that if one sells the property, the next owner has to be on sewer then introduce the grant program. He commented that over ten years; a lot of those properties will change hands that will instigate a change. Mayor Dodd called for a recess at 7:30 p.m, and the meeting reconvened at 7:37 p.rri. All members were present. The City Manager said to put a condition on the sale of a property might not be a proper methodology but there is an ordinance requiring hookup at 60 days after it is available so one thing the City can do is record a notice of violation that they have to correct when sell the property. Mayor Dodd said if Council agrees, he would like to see to the City Manager go forward with putting together a plan to get approval from all of the other partners. He said the Sebastian Highlands is in the top ten of the polluting septic systems for the Indian River Lagoon. He said a major step would be to migrate Sebastian to a central, collective system which the City can't do on our own and if they can't come up with the political will to get it done for 140 CRA properties, they will never get it done in the Highlands. He said it would help them find out what cooperation they have and show we want to take the responsibility of connecting properties; which will allow the City to receive more grant money. This means the City must take the financial responsibility of contracting this, making it happen and then working out the financial details with the property owner knowing the City will be reimbursed. He said it was important to move forward with this. Council Member Nunn said the City of Vero Beach has an ordinance that 500 property owners on the barrier island had to either give proof their systems were pumped and inspected or connected to the step system by January 1st. If they didn't address a failed system they would have to face code enforcement. He said this might be something to look at. Vice Mayor Hill said there are already government agencies that have mandatory hookup in place, all it would take is to say the City is going to enforce it but he didn't support this because it would be a major financial burden on the businesses. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to have the City Manager to come up with a plan, bring the plan back to them for approval, hire an engineer and then identify a way to pay for it followed by reimbursement in the future. 57 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 7 The Community Development Director said there has been a Septic to Sewer Program in the CRA since 2016. Council Member Jones noted the program was there before COVID pandemic, the property owners don't want to do it; it was time to push the issue. He said they need to protect the lagoon. Council Member McPartlan said if they decide to create a plan and the property owners were still not connecting to sewer, they should go towards enforcement. Mayor Dodd agreed he would not want to spend money for a plan if they don't intend to enforce it; and he would not want to notify the businesses that they must convert unless the City works out a process by which we can mitigate the expense as much as possible. Vice Mayor Hill said he would like to notify the businesses now before the grant monE!y goes away, maybe a flyer. The City Manager offered to put out another flyer. Council Member Jones asked if the enforcement side should be in the motion. Vice Mayor Hill suggested that will be part of the plan. He asked that the flyer should indicate the City is serious about getting it done. The City Attorney agreed, enforcement should be part of the plan. There was no public comment on this issue. Vice Mayor Hill's motion passed unanimously with a voice vote. 5-0. 12. Mayor Dodd adjourned the Community Redevelopment Agency Meeting and reconvened the City Council meeting at 7:50 p.m. 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS 21.018 A. Resolution No. R-21-03 — Opposing the Elimination of Statutory Authorization for Reqional Planninq Councils in Florida (R-21-03) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE TREASURE COAST REGIONAL LEAGUE OF CITIES, INC. POSITION; OPPOSING THE ELIMINATION OF STATUTORY AUTHORIZATION FOR REGIONAL PLANNING COUNCILS IN FLORIDA AS PROPOSED IN SENATE BILL fit OR SIMILAR PROPOSED LEGISLATION; PROVIDING FOR SCRIVENER'S ERROR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Dodd said there is a bill in Tallahassee to do away with regional planning councils but he sees a benefit of having the councils and asked Council for their support of the resolution. There was no public input on this item. 58 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 8 MOTION by Vice Mayor Hill and SECOND by Council Member Jones to approve Resolution R-21-03 opposing the elimination of regional planning councils passed with a unanimous voice vote. 5-0 21.019 B. Approve Cost Share Aareement #35859 between the St. Johns River Water Manaaement District and the Citv of Sebastian for Wastewater Utilitv Improvements on Roseland Road for the Sebastian Municipal Airport Propertv (Transmittal, Aareement) The City Manager said this was a big project to connect the properties along Roseland Road to the force main, the City's cost share will be $31,000 in cooperation with the County which will make a huge impact on the St. Johns River. He asked for approval. MOTION by Vice Mayor Hill and SECOND by Council Member Nunn to approve the cost share agreement with the St. Johns River Water Management District. There was no public comment. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Motion carried. 5-0 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS The City Manager said the County planned to distribute additional funds to CARES Act business recipients and the City will follow suit to those who received funds. He reported that the City has replaced 120 golf cart batteries; about two thirds of the fleet is operational and staff is working with Club Car on the warranty issues. He requested to schedule a CRA workshop to discuss the Harbor Lights Motel property. It was the consensus of Council to meet February 10 at 5:00 p.m. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS 21.020 A. Mavor Dodd i. Charter Officers Contract Procedures Update Mayor Dodd stated that he has come up with a process for reviewing the officer's contracts after speaking with the Chief Financial Officer and Human Resources Director. (See attached) He explained a contract is given to the officers when they are hired but there has not been a history of renegotiating the contracts. 59 of 166 Regular City Council & CRA Meeting January 27, 2021 Page 9 He cited Resolution No. R-10-05 outlining the review process and merit increases for the charter officers. He said the issues that came up in the discussions were they can be terminated without cause, placing their position in the highest level of jeopardy and they are maxed out in their positions. To address those issues, the CFO and HR Director suggest modifying the resolution to reopen the contracts every three years and have the increases take place at the beginning of the budget year. He asked Council to consider this process noting if the City would need to employ an officer in the future, the contract would be negotiated by the current mayor, chief financial officer and HR Director. Vice Mayor Hill agreed, stating it basically opening the contracts every three years and provide that increases take effect at the beginning of the budget year. In regard to the review process, Council Member McPartlan said he would like to see an evaluation process really done comparing the expectations of the office that they are holding and how they are lining up. Vice Mayor Hill stated all council members are their supervisors. Council Member Nunn suggested an evaluation would have to fit the criteria. Mayor Dodd offered to work with the HR Director to come up with a format and advised that he would be working with the City Attorney on modifying his contract. B. Vice Mayor Hill - None C. Council Member Jones Council Member Jones advised that he attended the Indian River County Beach and Shore Preservation meeting and wanted the public to know that they are working on removing the derelict vessels from the lagoon. D. Council Member McPartlan - None E. Council Member Nunn Council Member Nunn said he has been watching a lot of the City's board meetings and he thanked all of the volunteers that are working on the board to make the City a wonderful place to live. He also advised that there are 50,000 seniors in Indian River County and asked everyone to be patient during the COVID vaccination process. 19. Being no further business, Mayor Dodd adjourned the Regular City Council Meeting at 8:13 p.m. Approved at the February 10, 2021 Regular City Council Meeting Mayor Ed Dodd ATTEST: Jeanette Williams, City Clerk 60 of 166 CM SEBMT,N ;Mfi�_ioHOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February 10, 2021 AGENDA ITEM TITLE: Approval of Budget Calendar for Preparation of the Annual Budget and Capital Improvement Program for Fiscal Year 2021-2022. RECOMMENDATION: Approve the Budget Calendar for Fiscal Year 2021-2022. BACKGROUND: The City Council typically approves the Budget Calendar outlining the planned meetings and events that are expected to occur as we prepare and request approval of the Annual Budget and Capital Improvement Program. This allows the participants to have advance knowledge of the process and anticipated meeting times. We have not yet been formally notified of the dates planned for by the County and School Board, so those meetings have been scheduled based on the days they have typically selected in past years. According to State Law, the City's public hearings must not be held at the same times as the County and School Board. Although there are a few of the deadlines and dates that cannot be changed, the Budget Calendar is a general guideline and is subject to changes based on new information or unforeseen events. If Agenda Item Reauires Exaenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Fiscal Year 2021-2022 Budget Calendar Administrative Services Depart e t Review: i. City Attorney Review: %{/(.y//rc, Procurement Division Review, if applicable: City Manager uthorization Date: 04 % 61 of 166 MLf SEBASTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN FISCAL YEAR 2021-2022 BUDGET CALENDAR DATE DAY EVENT Budget Review Advisory Board @6:00pm -- Introductory Meeting and Review of 4"' 02/08/21 Monday Quarter FY2020 and 1Quarter FY2021 Budget _Report 02/10_/21 ....02112/— ---- -.-.-Frida� Wednesday _.._-__De....artmentsReceive_Formsand.._...._...._ City Council @6:00pm - Approve Budget Calendar and Budget Objectives _.._...._..... ................_...-._.-._...-_...............,............_......... _................. _... ...................................... y p Instructions for Capital Improvement Program_ _ 02/24/21 _ Wednesday —City Council @6:00pm - Approve I" Quarter Budget Report 03/12/21 Friday Departments Submit Capital Improvement Program Request to Administrative Services 04/23/21 ............_ Friday Departments Receive Forms and Instructions on Operating Budget Preparation ---- 05/14/21 Departments Submit Operating Budget Request to Administrative Services_ -- T 05/17/21 _Friday Monday Budget ReviewAdvisory Board @ 6:00pm - Review 2"d Quarter Budget Report �_�_..... 05/26121 _— _ y Wednesda �y Council City -------------.-.-......____.-___-..............,._ @ 6:00 m p - Approve 2nd Quarter Budget Report 05/28/21 Friday Estimate of Property Values Received from Property Appraiser 06/11/21 Friday Complete Review of Department Request and Balancing of CIP and Draft Budgets 06/23/21 Wednesday City Council and Budget Review Advisory Board Provided Recommended CIP and O eratin Bud et documents 06/28/21 Monday Parks and Recreation Board @ 6:00pm - Review of Recreation Impact Fee Uses in CIP - 06/30/21 Wednesday DR-420 Certified Property Values Received from Property Appraiser 07/12/21 Monday Budget Review Advisory Board @6:00pm -- Presentation of Draft CIP and Operating Budget and Discussion on Proposed Millage to be Recommended to City. Council 07/_19/21 Monday - Budget Review Advisory Board @6:00pm - Review_ of 3rd Quarter Budget Report. ----------- - - 07/23/21 Friday- Planning and Zoning Board Provided the Draft CIP Summary 07/28/21 Wednesday City Council @6:00pm - Receive Budget Review Advisory Board Recommendation and Approve Proposed Millage - Approve 3 Quarter Budget Report -------- - - - 07/29/21 Thursday Send DR-420 Proposed Millage Form to Property Appraiser _ 08/05/21 Thursday Planning and Zoning Board @6:00pm Approval of Capital Improvement Program 08/16/21 Monday Budget Review Advisory Board @6:00pm - Update on Major Changes to the Capital -- ----------- Improvement Program and Operating Budget cif any) _ - _ _ .- .... _........... _................ _ 08/25/21 Wednesday City Council @6:00pm Presentation on CIP and Budget Recommendations 09/08/21 Wednesday _- Anticipated First Public Hearing on County Budget -- _ 09/13/21 Monday Anticipated Final Adoption of School Board Budget 09/20/21 Monday City Council @6.00pzn - Special Meeting for First Public Hearing on the Millage and Budget -Approval of Capital Improvement Program - Approval of Financial Policies 09/22/21 Wednesday Anticipated Final Public Hearing on County Budget _ 09/25/21 Saturday Advertise the Tentative Millage and Proposed Budget Final Public Hearing _ 09/29/21 Wednesday CRA/City Council Meeting @6:00pm - Special Meeting for Approval of Community Redevelopment Agency Budget - Public Hearing on Final Millage and Final Budget 09/30/21 Thursday Send Resolution Adopting Final Millage to Property Appraiser 62 of 166 cc�� CRY Of SEBAS HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 10, 2021 Agenda Item Title: Roseland Road Sewer Expansion Cost Share Agreement between the Indian River County and the City of Sebastian Recommendation: Accept the Cost -Share Agreement with Indian River County and authorize the City Manager to execute the Agreement Backaround: Following planning and coordination with Indian River County Utilities (IRC Utilities), The City of Sebastian applied to the SJRWMD for a Cost -Share Grant to construct a forcemain and other significant wastewater utility improvements on Roseland Road to provide sewer service for all operations and businesses located on the City of Sebastian's Airport, including the City's proposed Operations Center (Public Works & Public Facilities) Garage) all via the new lift station to be constructed by the City on City Airport property. Under the attached agreement with Indian River County, the City of Sebastian agrees to pay $31,485.97 upfront for its 1/3 of the cost of the portion of the forcemain extension necessary to serve the airport. The total cost of the all Roseland Road sewer improvements $900,338.38 of which the SJRWMD cost -share grant covers $267,957.85 on a reimbursable basis. IRC Utilities has contracted for all design and construction and after paying for these services, IRC Utilities will submit copies of their paid invoices to the City of Sebastian, who will in turn submit these to the SJRWMD for reimbursement to IRC Utilities If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $5,088,899 for Compound Relocation Total Cost: $31,485.97 Funds to Be Utilized for Appropriation: Discretionary Sales Taxes Attachments: 1. Roseland Road Sewer Expansion Cost Share Agreement 2. Roseland Road Force Main Extension Key Sheet — Attachment A 3. Roseland Force Main & Donald MacDonald Cost Estimate — Attachment B Administrative Services Departm t Revie City Attorney Review: �L7 Procurement Division Review, if appli ble: City Manager Authorization: Date: 63 of 166 ROSELAND ROAD SEWER EXPANSION COST SHARE AGREEMENT This Roseland Road Sewer Expansion Cost Share Agreement (hereinafter "Agreement") is made and entered into on the day of ' , 2021 by and between: Indian River County, Florida, a political subdivision of the State of Florida ("County"), whose address is 1801 27th Street, Vero Beach, FL, 32960 and the City of Sebastian, a municipality ("City"), whose address is 1225 Main Street, Sebastian, Florida, 32958. Recitals WHEREAS, the City has received a Fiscal Year 20-21 cost share grant from the St. Johns River Water Management District to assist in the funding of the Roseland Road Sewer Expansion project, which will allow for the abandonment of septic tanks that are in close proximity to the Saint Sebastian River which empties into the Indian River Lagoon; and WHEREAS, as part of the Roseland Road Sewer Expansion Project, County and City will only share in the costs of constructing a 6" diameter sanitary sewer force main from the intersection of Roseland Road and Corporate Park Drive approximately 2,215 linear feet north to the intersection of Roseland Road and Sunset Drive, as depicted on Attachment "A", that will allow the Donald MacDonald Campground; City Public Works Compound and various City airport properties to connect to the centralized sewer system. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the County and City hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Cost of sanitary force main system along Roseland Road. The estimated cost of the construction of the sanitary sewer force main system is $87,896.19. The County will pay $58,597.52 (2/3 this cost) and the City will pay $31,485.97 which includes the cost estimates of the project ($29,298.67), See Attachment B, and the City's share of the construction bond split 2/3 County to 1/3 City ($2,187.30). 3. Installation of Force Main. Within 30 days of County providing notice to the City that it is ready to construct the sanitary sewer collection and transmission system for Donald MacDonald Campground, City shall pay County $31,485.97. Once the City pays County $31,485.97, the County will begin the construction of the 6" sanitary sewer force main along Roseland Road. Page I of 3 64 of 166 4. Finalization of the Costs for the Svstem for Donald MacDonald Campground. Upon completion of the sanitary sewer force main along Roseland Road, the County shall provide the City with the final (actual) cost for the sanitary sewer force main. Within 10 business days of the County providing the City with such costs, City shall pay County the City's proportionate share of the additional costs over the amount estimated in section 2, above, if applicable. If the final (actual) cost for the Roseland Road Sewer Expansion Project is lens than the amount estimated in section 2, above, the County shall reimburse City the difference between the City's proportionate share estimated amount and the City's final (actual) proportionate share cost. 5. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 6. Indemnification. To the limits and extent set forth in section 768.28, Florida Statutes, City shall indemnify and hold harmless the County, its commissioners, officers, agents, officials, employees, and subcontractors from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of either the City or any of its respective agents, officers, or employees in connection with the performance of this Agreement. However, nothing contained 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 as to the claims of third parties. 7. Effective Date. This Agreement shall become effective upon execution of the parties. IN WITNESS WHEREOF, City and County have executed this instrument this day of 2021. Page 2 of 3 65 of 166 CITY OF SEBASTIAN 1225 Main Street, Sebastian, Florida 32958 0 Paul E. Carlisle, City Manager ATTEST: Jeanette Williams, MMC am City Clerk Approved as to Form and Legal Sufficiency for reliance by the City of Sebastian Manny Anon, Jr. City Attorney INDIAN RIVER COUNTY, FLORIDA in Joseph E. Flescher, Chairman Board of County Commissioners Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Jason E. Brown, County Administrator 66 of 166 itl • 94 Roseland Forcemain Extension & Donald MacDonald Campground Sanitary Sewer Collection / Transmission System IRC BID #2020039 Unit Item Cost Sheet Indian River County Department of Utility Services 2020 Labor Contract Item No. I (Description SECTION A - UNIT COST/PRICES Al Mobilization (b) (Non- Emergency Event A2 Temporary Traffic Control (b) (Arterial Roadway A3 Video Documentation (a) (Pre -Construction Video (b) Post -Construction Video A4 Force Main - PVC (a) 2-inch (c) 6-inch A7 PVC Gravity Sewer - 8 inch (a) 0'-6' (b) 6'-8' (c) 8'-30' (d) 10'-12' (f) Cost Credit A9 Conned to Existing Pipe (<32") (a) 1 (<12") (b) (>=12") All Precast Concrete Manhole -Unlined (a) 0'-6' (b) 6'-8' (c) 8'-10' Al2 Mechanical Joint Bell Restraints -PVC (c) 16-inch A16 Ductile Iron Fittings (C-153 Compact Fittings) (Interior Epoxy Coated) CK Construction Quantity) Unit Material Unit I Installed Unit I Total Unit Price Price Price (Material + Installation) I EA $ $ 1,500.00 $ 2125 L.F. $ $ 1.15 $ 3,435 L. F. $ $ 0.60 $ 3,435 L.F. $ $ 0.60 $ 150 L.F. $ 1.01 $ 14.46 $ 2125 L.F. $ 5.42 $ 19.47 $ 302 L.F. $ 5.51 $ 18.65 $ 419 L.F. $ 5.51 $ 20.20 $ 253 L.F. $ 5.51 $ 22.04 $ 225 L.F. $ 5.51 $ 26.94 $ 1198 L.F. NA $ 0.10 $ 1 EA $ 385.74 $ 1,467.20 $ 0 EA $ 1,300.38 $ 1,508.17 $ 4 EA. $ 2,427.93 $ 848.61 $ 3 EA. $ 2,811.46 $ 1,120.18 $ 2 EA. $ 3,360.30 $ 1,697.24 $ 56 EA. $ 52.90 $ 62.72 $ 0.65 TONS $ 8.91 $ 5,091.92 $ Utililites CoSeb Parks & Rec 1,500.00 $ 500.00 $ 500.00 $ 500.00 2,443.75 $ 814.59 $ 814.58 $ 814.58 2,061.00 $ 687.00 $ 687.00 $ 687.00 2,061.00 $ 687.00 $ 687.00 $ 687.00 2,320.50 $ - $ - $ 2,320.50 52,891.25 $ 17,630.42 $ 17,630.42 $ 17,630.41 7,296.32 $ - $ - $ 7,296.32 10,746.78 $ $ $ 10,746.78 6,970.15 $ $ $ 6,970.15 7,301.25 $ $ $ 7,301.25 119.80 $ $ $ 119.80 1,852.94 $ 617.66 $ 617.64 $ 617.64 13,106.16 $ - $ - $ 13,106.16 11,794.92 $ $ $ 11,794.92 10,115.08 $ $ $ 10,115.08 6,474.72 $ 2,158.24 $ 2,158.24 $ 2,158.24 3,315.54 $ 1,105.18 $ 1,105.18 $ 1,105.18 1 of 3 I 94 Item (Description No. A17 Fitting Restraint (Per one (1) unit) (c) 16-inch A19 Tapping Sleeve and Valve (pressure test & tap included) (a) 16"x6" A20 Resilient Seat Gate Valve Assemblies (c) 16-inch A25 Sanitary Sewer Services (constructed with new gravity sewer) (a) 0'-6' (single) (b) 0'-6' (double) (c) 6'-Over (single) (d) 6'-Over (double) A29 Sanitary Sewer Cleanouts (to existing sanitary sewer laterals) (c) 16'-Over 0'-6' (6") (d) (6") A30 Cleanout Ring and Cover (constructed on new or existing ceanouts) A44 Dewatering (a) 10'-6' (b) 6'-12' SECTION B -Restoration B1 Pavement Repair and Replacement (a) (Asphalt Road (d) Asphalt overlay B2 Milling Asphalt B3 Coquina Rock Base B4 Flowable Fill (c) I> 8cy B6 Sod Replacement (a) jBahia B8 Mailbox Removal and Reinstallation CK Construction Utililites CoSeb Parks & Rec Quantity Unit Material Unit Installed Unit Total Unit Price Price Price (Material + Installation) 10 EA. $ 33.06 $ 54.88 $ 879.40 $ 293.14 $ 293.13 $ 293.13 1 EA. $ 1,778.79 $ 1,467.20 $ 3,245.99 $ 1,082.00 $ 1,082.00 $ 1,081.99 3 EA. $ 704.24 $ 489.44 $ 3,581.04 $ 1,193.68 $ 1,193.68 S 1,193.68 3 EA. $ 249.26 $ 565.60 $ 2,444.58 $ - $ - $ 2,444.58 5 EA. $ 283.25 $ 678.72 $ 4,809.85 $ $ $ 4,809.85 0 EA. $ 667.44 $ 565.60 $ - $ $ $ - 0 EA. $ 624.18 $ 678.72 $ - $ $ $ - 4 EA. $ 317.24 $ 757.12 $ 4,297.44 $ $ $ 4,297.44 7 EA. $ 317.24 $ 969.92 $ 9,010.12 $ $ $ 9,010.12 11 EA. $ 105.06 $ 283.36 $ 4,272.62 $ $ $ 4,272.62 720 L.F. NA $ 18.91 $ 13,615.20 $ $ $ 13,615.20 418 L.F. NA $ 22.16 $ 9,262.88 $ $ $ 9,262.88 363 S.Y. $ 19.57 $ 24.64 $ 91 S.Y. $ 4.64 $ 14.00 $ 91 S.Y. $ 5.15 $ 16.80 $ 483 C.Y. $ 14.94 $ 8.96 $ 12.5 C.Y. $ 139.05 $ 17.92 $ 1450 S.Y. $ 1.08 $ 1.18 $ 1 EA $ 10.30 $ 140.00 $ 16,048.23 $ $ $ 16,048.23 1,696.24 $ $ $ 1,696.24 1,997.45 $ $ $ 1,997.45 11,543.70 $ - $ - $ 11,543.70 1,962.13 $ 654.05 $ 654.04 $ 654.04 3,277.00 $ 1,092.34 $ 1,092.33 $ 1,092.33 150.30 $ 50.10 $ 50.10 $ 50.10 2of3 CK Construction Utililites CoSeb Parks & Rec Item Description Quantity) Unit Material Unit Installed Unit Total Unit Price No. I I I Price I Price (Material + Installation) I SECTION C - HDPE Piping & Horizontal Directional Boring C2 Directional Boring (HDPE)-HDD IHorizontal (b) I4-inch 1 70 1 L.F. $ 4.96 $ 178.08 $ 12,812.80 $ $ $ 12,812.80 SECTION D: Time and Materials Rates (Lift Station Installation) Di Equipment Hourly Rates (a) Trackhoe (specify model) (large) 80 Hr. NA $ 115.00 $ 9,200.00 $ $ $ 9,200.00 (c) Front end Loader 80 Hr. NA $ 105.00 $ 8,400.00 $ $ $ 8,400.00 (h) Crew Truck with hand tools 80 Hr. NA $ 25.00 $ 2,000.00 $ $ $ 2,000.00 (i) Trash Pump 3" 80 Hr. NA $ 10.00 $ 800.00 $ $ $ 800.00 (n) Cut off saw (14") 80 Hr. NA $ 6.00 $ 480.00 $ $ $ 480.00 D2 Crew Hourly Rates (c) 14 Hr. NA $ 95.00 $ 1,330.00 $ $ $ 1,330.00 (Supervisor (f) 5 man crew includes 1 supervisor 80 Hr. NA $ 305.00 $ 24,400.00 $ $ $ 24,400.00 SECTION E: Miscellaneous Materials & Sub -Contractors El I Dewatering Pump (Lift Station Install.) I i I LS I I $ 4,380.95 $ $ $ 4,380.95 SECTION F: Direct Purchase Items Fl Hydra Service, Inc. Lift Station Package 1(4'dia. x 8.5' deep) F2 Sub -Contractor - Paragon Electric F3 Stuart Fence F4 Survey - Stakeout (MMT) Total Labor Contract (CK Construction): $ 1 Ea. $ 1 LS $ 1 LS $ 1 LS $ Total Project: $ 299,269.09 $ 28,565.40 $ 28,565.34 I $ 241,138.34 22,982.00 $ $ I $ 22,982.00 14,277.00 $ $ $ 14,277.00 4,400.00 $ $ I $ 4,400.00 5,500.00 $ 733.33 $ 733.33 IS 4,033.34 345,428.08 $ 29,299.73 I $ 29,299.67 $ 286,830.68 3of3 C15 OF �ET�N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: Title & Recommendation February 10, 2021 Approve Purchase of Police Replacement Vehicles, "Piggyback" Charlotte County Contract #2018000509 and Sourcewell Co -Operative Contract, in the total amount of $318,347.84. Background: The Procurement Division, on behalf of the Police Department and Fleet Management Division, recommends Council APPROVE the purchase of police replacement vehicles that have extended beyond manufacturer life use. Replacement of these vehicles is imperative to ensure no additional vehicle failures that have cause interruption to productivity in the past. These new vehicles are estimated to be delivered within 120 days and will start the initiative to diversify the fleet. Pricing includes up - fits necessary for police use. Current vehicles will be auctioned and funds will go back into the budget. VEHICLE PURPOSE MAKEWDEL QTY COST VENDOR SELECTION METHOD Marked Vehicle Dodge Durango 3 $177,381.00 Alan Jay Sourcewell ($59,127.00/each) Unmarked Vehicle Ford Explorer 2 $77,298.84 Bartow Ford Charlotte County ($38,649.421each ) K9 Vehicle Chevy Tahoe 1 $63,668.00 Alan Jay Sourcewell TOTAL $318,347.84 "Piggybacking" and use of Co -Operative contracts guarantees that pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process Pricing from other cooperatives, piggybacks and local vendors were considered. The recommended vendors are the most advantageous to meet the needs of the City. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $373,500 Total Cost: $318,347.84 Funds to Be Utilized for Appropriation: Discretionary Sales Taxes Attachments: 1. Quote for Marked Vehicles...................................................................................................... 2 2. Quote for Unmarked Vehicles................................................................................................. 4 3. Quote for K9 Vehicle............................................................................................................... 5 Administrative Service]Hlica5c Re �� I City Attorney Review: Procurement Division City Manager Authorization: Date; Page 1 of 7 71 of 166 i asked Nice C3i 4 591 r 2.7, ()o - Each !7`1, 38I,66 -To- cif Call tls,Iint, fur all of iiaur Fleet Auiomoflve, & Light Truck needs quota PHONE (,W) ALANJAY (252-6529) DIRECT B6340Z4234 ; WWWALANJAY,COM 29335-6 � Cotpartite ' 2003 V.S. 27 South MOBILE aSM9146103 Mooing P.O. BOX 92D9 Ofilt* Sebring, FL 33670 FAX 863402-4221 AddOM • Sobrlflg, FL M7'1-S2oo ORiCitfitAL QUOTE O2C �� 2021OATEs QUICK QUOTE SHEET REVLREVISED6�DATE1t4I42c21 REQUESTING AGENCY SEBASTIAN. CITY OF CONTACT PERSON ALAN CLARKE EMAIL 7Q1Afhr18lcitv0fscts30;1_1n,0r0 PHONE" T72-389-1295 MOD'ILi 772-iI$1 723C FAx 772••588-WO SOURCEWELL (FORMERLY NJ PA) CONTRACT # -021 120716-NAp & 06 www.Natlona IAutoFleetGroup com MODEL WDl=F-76MSAP $39,000-00 ittrM1 DODGE DURANGO POLICE PURSUIT VEHICLE V8 AWO CUSTOMER ID NJPAPRfCE $33,365.00 ago U WTH SUN **Ali veshl** W19 ae tsrdered White, w/ darkest Interior unless dearly Slated otherwise an purchase order. FACtORY OPTIONS DESCRiFrnON PW7 WHITE KNUCKLE CLEAR CO A$ SO.flo C5K4I Rlack, Lath Burnet Seats w 5init Insert S0.00 ................. EiH DfD 5.7L V8 HfNI M% VVT Engshe with 8 5pd Auto BHP70Ttans $0.00 LNF Black Left LED Spot tamp $540.00 GW6 DEACTIVATE REAR OOQRS%WLNOC WS $74.00 011 BASE VEHICLE COMES STANDARD W" -4• KEYS AND REK40TES $0,00 �. FACORY OPTIONS $61 AW CONTRACT OPTIONS OFSCRIPTION WST P ... t .......... strip .. ............................................ .,.,---....... .......... ........ $4O.00 AT2 _ Deep tfnt-tilm irlstMW ch front two door.glass only. 125.0p CGP CUSTOM GRAPHICS PACKAGE FURNISHED Afi D INSTALLED PER'CUSTQt ER 5PECOtCATfON. ............................ -........ •..•........._ ........_....._............. .• $425,00 W ULF44 WHELEN UNIV.ERSALLEU FLASHER FOR OFIONT HALO LIGHTS. $230,00 RACETRACK-DUR ------:._ -. .... .- . .. _....,. .. Eroolung ladustries Plug & Play Dodge Durango Tail -light flasher Interface, RACE TRAM ..--- ---• ----•• -•-- ••- - - -- ------------------..... ... --------- •....... ----------------- ------- -•----------- $600.00 [ WPis-2L-CAR9 ,---• Whelen Legacy lightharvoithf0 DUO LED modules, two wire caritroll4d traffic adAWr, (2) LED tiashing/takedown $4,755.00 lights, (2) UD hdstft/alley I gh.s, mounting kit,,Cemorh CarbVe dWtal combination I)ght/Siren CcntfOler, OBDII interface, (I) exparrs,00 m*dvie, (1) external armpll8erfar dual tone siren, and 12) WISP slrensprrkers wtrh l mounting brackets, R8WA LIGHT RAF1TO HAVE 112 RED . 1/2 BLUE FRONT WITH OVERRIDE TO WHITE& 112 RED-1/2 BLUE REAR WITH $0.00 OVERRIDE TO AMBER FOR TA. BRAKE CUSTOMER REQUEST (2) REAR BRAKE PODS bN LIGHT SAR, $0.00 l HAV DUR-CON20• Havis 20^L x 10'H vehicle specific console includes mounting, side mount arm rest,121 DCpowaroutlets,12) self- $795.00 SEB adjusting cup holders, and necessary blanks. „ ...•------------------------ .... ... --•-------.-•..... HAY DUR-CM- Hauls passenger seat movot :brnputer ropunt stand, premium with sildP feature. (cradle sold separately) Sfi00.00 PREM UT Io01 ... . —..._----------------- Havls unnMrsal laptop tray: . . ................... ... -- ------ $27.S.W l Maglitefr} MII501r•1019I,(krD lumen Ml15Dk(tm) Led Flashlight vrAh 12v charging base. $IE5 D0 ' MAP LIGHT I-- •. •- HAVI$ LED MAP LIGHT MOIUNTEDTO COMPUTER STAND. -••—•...... ..... ... • - - -- ---------------- - . I ............ .... ..........- $205A0 - MAG MIC (2) MAGNIC MLt CLIPS, shipped loose ETfor customer to Instal. sn desired Imation. ----- - 568.00 SET DUR-P84541.7- Setina Ilghted push bumper with (2) forward fatfng 13LIO .4LOR ION LED I10M installed [ONE RED/WHiTI & ONE $i 155.D0 DUD-RWt} r BLU19AVHIT€), SET SMNA WRAPS & UARDS FOR to Lush u2 1 PO RES �IeGeS lGht earls mauttt ditoOSides oINSTALLED, (2).WhelengDU 4t cofgr, bumper (' REO/WHtTE& BLUE./WHITE). ......00 $40{Lp0 W PILLAR-DUR-RB Whelen Durango rear pillar LED hghting inc€udes'(3) Ilght beads par side [RED/BLUE) $1,140.00 W TRACERtiD {2) Whelen 60" DUAL taku Ttooets {6 lamp housing) with universal mount€ng brackets (RED]WHTTE & BLUE/WHUE) $1,45SA0 DUO-TAH-REW NIPA-SEBASTIAN, CITY OF-WDEE75 22Z•_29335 6_Quote.PpF Page 1 of 2 Page 2 of 7 72 of 166 Sourcewell SOURCEWELL (FORMERLY NJPA) CONTRACT # 2021 '12071G-NAF & 06 ► ww.Na#iona1AutoFleetGnoup.(;om I W 7L112-ItQG,2-RB - L2} WHEiEN T-IONS DUD (14fD181.1LIE) INSTALLED IN REAR QUARTER GLASS. $q'sum i 5ETOUR•R-'PART- Setipa10VSGht5ESSEt3Pantlprisor&rcage with uncnatedpnlyl tPtlditale.vin._......dexp.nded_.....-wind-••-----_. ---•-•-•---...... _..I... yl csatPd expanded triata! window 51.4'35.Ob I SOUS security Ween, and lower extension panels; • -..._... _-• -I----•--- --- ------------------------ .. .. $C IGUN MNT SantaErut univetsal ral! gun rack wIth SC5 lock, installed. $495.00 So" DUR,SWB SoVSsteel Vertfral window . ... _.....-... _.. -, _. ndow barriers. Compatible with;cock 8rTP0 doerr panels, els, $410.00 SET OUR-SEAT-058 Selina full replacement transport seat with center pull belts (rear cargo screen NOT Incl46ed), bi 175:t70 .. ... __. ...... SET DUR-12V5- -- •-- -• . ......... .......... .... -.- ........ ...... --- -- _..--- -. Waa 12VS 2nd row partition -WIRE -- - - ' ... $700.m wiRE SET DUR•VAULT1 Selling tingle drawervault with ley lock L& top baskat, powder routed black. $1,355.E10 --------------- XG 25M-TI -- ................ -------------------- .. ......-------- .... _..._ ................. IiARRIs XG-25M RADIO PROGRAMMED RY Ci (INCLUDES 5400 TRADE IN LREDIT), INSTALLED 8Y ALAN )AY. ----------- ........ $3,8:65.00 ' GSA-SDC AED ..... _. W- OIACSCIENCE Powerhezrt GS,k£D, Fully Auto With tCPR, Dual Language J1165 fullyAutowith iCPR, Dual Languages $1,485.oa (95 English/LatA'm Spanish) RED (1) G5 Jntelll$p0sa* batterY (1) Set of G5 lntellisense- CPR #eedback Adult Deflbrlllalion Fads (1) Powerheart G5 Standard Carry Sleeve (11 AED manager (11 USB.Cable, (1) Printed 65 User Guide, Steps To Rescue, Getling itarted (ENG), fX set) printed GS User Guide, Reps To Rescue, Gritting Started (ESPJ, and Multi -Lingual Electrode Instructions For i)se.Pnwefhean 65 Inteillsense"Adult Deffbrlliation Pads Non-lsatanred pads for use with the Powerheart G5 deliver dekirlllation the'_rapy.Unluersai Ready Kit Includes: Nitrile gloves Jt+ L), razor, sclswr% paper towel. (x 2) and orre way filter CPR mask. hugged pouch protettsItems In demanding environments. •..................,. KSP GEII - -------- CRS826 01remonal Golden EBgIeR,DualAntenna, Ka band, includes Stopwatch mode, fastest vehicle, same direction, ........ $2,875.00 w-------------- same lane, all mounts and cabfes, INSTALLED. - .._ . -- .. - ----- --•--------------•----------• ---•--- --•---... -----•---- PATROL ignition Patrol vehicle wiring includes JW power distrlbi Lion p anel with 5 battery circuits, 5 circidts, 3 timed Orcults, B $365.00 _ - ground studs, and fuse Indrratur LEDs. - ....... .-..-•-----•---------•------•----------- -.--------------------------------------- ......., ............ -- - - •- INSTALL INSTALLATION OF ALL EQUIPMENT .MENRONEUON THIS QUOTE - ----- --- ----- -- ----....... $0.00 NO -TEMP TEMP TAG NOT REQUESTED, CUSTOMER WILL RANDLS THEIR QWN TAG WORK. 00 OGA OP71ON GROUP DISCOUNT t$7;000 ra - -- • _ ---- ._ ___.-. __ _ —__ CONTRACT OPTIONS $25,1413.00 TLtAta£ IN TOTAL COST 558.dZ7t�4D_ i YES WE TAKE TRADE INS "'""- ASK ABOUT MUNICIPAL FINANCING �•80 TOTAL COST LESS TRADE IN(S) QTY 3 $177,381..00 Estimated Annual payments for 60 months paid in advance: $13,242.02 Wended: $39,726.05 Municipal finance for any essential use vehicle, requires lender approval,.WAC. ;Comments VEHICLE QUOTED 6Y SCOTT WILSON FLEET SALES MANAGER nti.5eeiisnrr: l ninv.,r� "I Want to be YOUT Fleet Provider" 1 appreclafe the oppalluntlyty submit this g00600n. 81aas0mVisW ftvWefuffy. IffheM are 6hy errors or cSMartges, 00-50 fuel free to contact me al Any time. 1 am always happy to be of assistance. nf1PA-SEBASTIAN, CM OF-WDEE75 227 2933S-6wQuote,PDF -� Page 2 of 2 Page 3 of 7 73 of 166 I'►i'r'{:�IF1•i�et wi•il�irl•.�1"1 IAXMWFob +urci• 1t;ih' )anuary 27, 2071 City of Sebastian rP sec FI ve, 11�htc Ins C z� Eac T. Alan Clarke K7H j2021 Explorer 4dr 4x2 99H 2.3l-EaoBonst 1-4 Enalne 44T 14-Speed Automatic w/Select' 100A Equipment Package Factory Invoice - - - - - $32,503.00 Government Price Concession Discount $3,400.00 4.06% Contract Discount Whelen Red/glue Inner&ge Llghtbar with LED Take Down, (2) Whelen Split Red/Blue Flat ION'$ Mounted in Lower Grill Area, (2) Whelen Split Red/Blue TONS Mounted in Grill Area, (2) Whelen Split Red/Blue IONS Mounted in Rear 114 Glass, Whelen Red/Blue Dominator 8 Head Light Stick with Traffic Advisor Mounted in Rear Glass, (2) Wheien Vertex Clear Mounted in $10,599.00 Rear Taillights, 100 Watt Speaker, Whelen HHS2200 Hand Held Siren Controller, Delivery to your location, 800 MHz Radio, Antenna & Speaker, (2) Additional Keys with Remotes, Bartow Ford Rear Raised Weapons Vault, Powerheart G5 AED $0.00 Window Tint $129.00 Pricing In accordance with the Chaliotte County contract # 2018000509 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 2800 US Hwy North Bartow, Florida 33830 Page 4 of 7 74 of 166 oct-zz�ow/ "// i Sourcewell';.', Call Us just, far all ofyour Fleet Auromotive, A Light Truck needs. Quote PHONE (800)ALANJAY(M-029) DIREcT 863401-4234 WWW.ALANJAY.COM 297444-3 Corporate 2003 13.8. 27 South MOBILE 863-01-4603 Mailing P.O. BOX 92U0 - - MC* Sebring, FL 33810 FAX 863-402.4221 Address Sowing, FL 33671-e20D ORIGiN,4L QUOTE DATE QUICK QUOTE SKEET �vls 11 QUOTE DATE 1f27t2021 REQUESTING AGENCY SEBASTIAN, CITY QF.._. . CONTACT PERSON ALAN CLARKE EMAIL TClarkc mpC ice. i PHONE 772489.1296 MOBILE 772321-1235 FqX 7725395570 SOURCEWELL (FORMERLY NJPA) CONTRACT # 2021 120716-NAF & 06 www.NaflonalAutaFfeetGroup.com � MODEL CCID706 MSRP $48,000.00 2021 CHEVY TAHOE POLICE 2WO (CC10706 1FL 9C1) ,CUSTOMERJD STOCK ORDERED TAHOE 9CI NJJPAPFUCE $33,425.00 UEf] LENGTH SUV I "AN vehicles will be ordered white w/ darkest interior Unless clearly stated otherwise an purchase aroer. FACTORY OPTIONS DESCRIP iON I liA2 141T 9C1 AhAF Pt7A sY15T5 6C7 CONMCi OPTIONS L-SPOT-LED CGP Ei2SUV ._.. WSTP TtEF•CK 10706 WPUMP•2-SUV- CARB EXTERIOR COLOR SUMMIT WHITE - .......... .... ------- Jet Black/Jet Black, Cloth seat trim .......... .. ------ ------.. ... •---- --- - --------•------- Identifier for Police Package Vehicle int. odes, (K47) high-capac'ty air Cleaner, (A,7t02SO amp high output alternator, (I(61t) 760 cc'd-ciantring amps auxtl€irry battery, electrical power $ vemcie signals for customer connection located at the center front floor. Auxiliary battery circuit for customer conneciton located in the rear cargo area, (Z56) heavy-duty, police -rated suspension, front independent torsion bar, and stabilizer bar and rest, multillnk with toll Springs, (KCS) 275/SSR20SL all -season tires, (RAVI P27515SA20 all -season spare tire, Police brakes, (RC3) front skid plate, jPXT) 2D' steel wheels, CertMed Speedometer, SEO (513) Surveiliance Made interior lighting r alrbraoan, (VS3) delete luggage rack side r_ails; (ATD) third rawseat delete, (NPO) active single•speed transfer case {4WD only). RemdteKey'MtntryPackagei.xt _-, .. ..... .......... .. T ... - --------------- .. ----- udas 4 addlllanal [ransrn)tters, NOTE; programming of remotes Ls at tustamer's expense. Programmin_ remotes is not a warranty expense (Rectu€min (9Ct) Police VehiCie.) 1,FL Safpiy Parkagr inciudos(UEU) Forward Co.(ision Alert, (UHK) Ldne Keep AS9I5t with Lang Departure Warning, (UHY) Automalic Emergency Rraking, (UKJ) Front Pedestrian Sroking and (UE S) Following distance Indicator (Requires (9C1) Police Vehicle. Not available with (DRZ) Rear Camera Mirror.) seats, front cloth and second row vinyl with front center seat (20% seat) delete power driver and passenger bu cket seats in tzase.cloth Win. derived from RPO (AZ3) 40120/40 spbt•bench seat with the 20:; seetiarl removed, whsch also rerlsovesthe auxiliary poweroutlet. USR port and Inputlack for audio system. Does not include a Poor ooniole. All exposed floor area will remain tintrlmined, (Requires (069) Black rubberized v nyl fioce covering. Not available with (A5p) ftoht bucket seats or (830) color -keyed carpeting floor covering.) Lighting; red and white ttont auxlNary dome Red and white auxiliary dame lamp is located on headliner between front row sedts (red Is LED, white Is Incandescent). The auxiliary lamp is Wired Independently from standarif dome lamp (Requires (9C1) Police Vehicle.) _. .................. ...................... ....... - .......-.. Flashersyslem, headlamp and talliamp, DRLcompatlble with control wire. Headlamps, DjAme Running Lamps and Automatic headlamp control delete deletes stbb.iartf Daytime Running lamps :mdnutanatx; haadlamp contral fpmurvi iRpqutres (9C1) Police Vplik e.) win SWILLties, rear window inoperative irear windows can only operate from dhver`s _ . .... posit,an.l {Requires (4C1) PoNce Vehicle.) Door locks and handles, inside rear doors Inoperative (door can only be opened from outside) (Requires (KI) Police Vebwe.) -•....... .. ------------- --- ---- -- ... FRONT LICENSE PLATE BRAGKETFACTORYORDERED FACTORY C1MONS DESCAI Ixi'!ON DEALER IN5TALLtD LEFT HAND SPOT LAMP WITH LED BULB. CUSTOM GRAPHICS PACKAGE FURNISHED AND INSTALLED PER CUSTOMER SPECIplWiON, Deep tint film Installed on front two door glassonly. W indshleld'Strip ...............,. ....... .. CONNECT FACTORY HEADLAMP TAIL LAMP FLASHER Whelen preen um unmarked patrol package far SUV / Sedans consists or front and rear full width Interior dual color LEI] System with LED takedown lights, Cencom Carbide digital combination ilght/Siren Controller, OBDII interface, (1) expansion module, f 1).04emal amplifier for dual tone siren, and (2) SA31SP siren speakers W%M mounting btAtkets. N)PA•SE BASTIAN, CITY flF-CC1070fi_29744.$_Qtj ote. PDF page 7 of 3 $?I9D.P0 0.00i $165.Dii 5�19.EK7 ..555,OU 561,00 .......... Sn.oD € $605.00 5.3]fl.00 'i $413.00 $55.nn $5,595.1w ; Page 5 of 7 75 of 166 Aw- rr J .- J�i��C�ii SOURCEWELL (FORMERLY NJPA) CONTRACT # 2021 12Q716-NAF & Lib www.Nationa]AutoFigotGroup.corn E HAVtA"01,17.3 Havi—hide specific 23"t#415"Ji console includes wing kit, bSC*=Junt, Side mciurtlaty" rest, 151 DC power outlets, $790.00 (2) cup holders, -anti netx ory blanks. HAY 7AH•CM• ......... ..... .. .................... ............ Havlipass@rsgersc+at mp,snt coritputer mount swntf, ptemWm virth s1Me feature. (cr-odic sohl �t+paratery) .. $g;5•Q0 PREM Havisunlversallaptop tray, $27S.00 j MLiSOLR Maglite(r) MI150ir-10191,000-Lumen M1150€ritm) Led Flashlight with.12v tharging base, 5185.04 MAP LIGHT HAVIS LED MAP LIGHT moUNTI D TO COMPUTER STAND. $205,00 � Mika MIC (2) MAGNMC MIC CLIPS, Shi ppi d loose for customer to insult in desires location- $Sg 00 wn)2-RQG,2-RB (7) WHELEN T IONS OUG (RFD/BLIJtj INSTALLED IN REAR QUARTER GLASS. SET TAH•PB450L.2- Selina t%hted push bumperwdh (21 forward facing ION LED fights, instailed (ILED/wHITE & BLUEIWHITE). 35.00 DOLL SETTAH•WRAP .. ..... ................ ........- ..... SfTIfiA STEEL HEIADUGHT WRAP AND FENDER GUARB ... 594r�00 W TUZ-2-P&RB .. ••-- _... ------ (2) whelen DUAL color ION series Kgnt heads mounted toaldes of push bumper (REDAVHiTE & BLUE/wHITE): ............ ......... -- -. ._ 0 $800,pLt W PILLAR-TAH•RB - Whelen Tahoe rear pillar LED lighting rndudes 131 fight heads per side (RED/BLUE). -. $1,41.0.00 W TRACERW- •.. • ..... .............................. . .. ............ .... . (2) WhelerrEW' DUAL color Tracers (6 lamp hauslhg) with universal mauntrng Lracke%(REDA VHrM & BLUE/WHITE) $1,455.00 C►UO-TAH•RBW i A SUVAULT-1 Amerman AJwninurn single drawer weapon storage vault with secure lock T-handle Jacking systum, powder coated 51470.00 btack.wfth me0-baskat on tqp. Arl'TAWRISFR American Aluminum 10 leg attachment Iclt for Tahoe 4WE.5x12.valuM installed, ...... 5225.03 AA EZ All}ER American Aluminum Platform K4 system IrKludes rubber ma.t, matte hlack powder coat & wh€te Interior age Oil $Z;825,p0 Vehicle specillc kennel manufacrurered from heavy ptige aturninum designed for easy cleaning and officer comfort, installed. 5020 Ate K9 K9 Hot-WPW PRO temperatwe alarm& doer oppning system Includes horn activation, siren "Ovation, light $3,410.00 acthmtfon, dual windowdmp and one clear pop remote wish holster. Incudes no K9 feft bttbim, engine stall sensor, pptlonal.l0"#an.withguard, carbon mcmoxftfe detector, smoke detecttrr, and remote pager module for hot-n•pop pro, root mount 10" fiberglass mass antenna, NMO mount, coax cable, anti.couplerbox- AWD 7040 Upgrade to AcewatchDog'" for use with Pro. Alarm SYstemSAceWatchDog- Server SeiYioe is $168.00 Per Year and the $570.00 First Year Is Included with New Unit. Mote info: www.acel6.cam/awd.html (Must Complete End User Questfonaire .- from ACEfK9-when g€dc-ng ardet) AAMtA1ER AmenrrAluminum perrnanenx mount sPIll resistant IoncaPailfy. 5120.00 %G•25m4l HARR€SXiB-25M RADIO PROGRAMMED BY Cr (INCLUDES $400 TRADE IN CREOM, INSTALLED BY AM JAY. $g g65,00 G5A-8(IC-AED CARfl€ACSMNCE Powerheart G5 AED, E ulfy Auto with tCPR, Dual Language (1#65 Fu€ V Auto with ICPR, Dual language $1,485100 (US English/LAAm Spanish) AED (1) 05 Jnteillsense' Battery (1) Set of GS Intelllsense1 CPR Feadbact, Adult Defibrlflatim Pats 11) Powerhrart G5 Standard Carry Sleeve (1) AED Manager (1) USB Cable, (1) Printed G5 User Guide, Steps To Rescue, Getting Started (ENG), (1 set) Printed 65 User Guide, STeMTo Rescue, Getting Started (ESP), and 1Vul111-lin9u3l Electrode instructions For Use.Powerheart G5 Inte#Isense'" Adult Defthrillation Pads Non,polarized pads for use with the Powerheari a$ deliver defibrillation therapy.11nlversal Ready Kit Includes: N(trlle gloves (M/L), rawt, scissors, paper towel (K 21 and cme-way triter CPR mask. Rugged Pouch protects Items in demanding onvironments. i KSP GEii CRS 826 birectronal Golden Eagte Il, Dual Antesrna, Ka band, Includes Stopwatch mode, fastest vehlele, same direction, $2,875,OD same lane, a:l mounts and cables, INSTALLED, - .. INSTALL INSTALLAnON OFALL EQUIMkNT MENTI0NfD ON TH S QUOTE ......... ,S010 NO•Tt MP TEMP TAG NOT REQUESTED. CUSTOMER wilt HANDLE THEIROWN TAG WOfi>: $a.00 OGD OPTION GROUP.DISCOUNT. OUNT .--- ---- o CONTRAcr LiFrnON5 $29,348.00 N1PA-SMA511AN, CITY OF'•C'C10706-29744-3_Quote.170f page z of 3 Page 6 of 7 76 of 166 SOURCEWELL TORMI"RLY lV:1PA) CONTRACT# 2021 120716-NAF R 06 www.NationalAutoFlootGroup.com� TRAVE IN TOTAL COST $63,60..00 YES wE TAKE TitADE INS """ ASK ABOUT MUNICIPAL FINANCING `-.o.00 TOTAL COST LESS TRADE iN(S) QTY 1 $63,668.00 £stiniitcd tsnnunl payments for GC months paid in advance: S14,259,01 M1,11irrpal �hla cv for any esscnthil list, veh,04. IegUiv!5Iu oipr ap€7rcvaI, WAC. CommertU VEHICLE QU07E:D BY SCOOT W€LSON FLEET SALES MANAGER "l Want to be Your Fleet Ptovider" f appraciate tho appotturtity to submit thm quotation. Please rewow if camfoly. 11 there are any sr+ors or changes, please feel tree to contact me at any brae, i am Okays happy to be of assistance vfP 5l 91t5 tAN, C€TY OF•CC207OG .19744-3 Qrjote.PDF page 3 of 7 Page 7 of 7 77 of 166 Lm OF $EBAST_ HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: February 10, 2021 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Burns Family Birthday Party at the Community Center. Background: Sheri Burns is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, February 27th, 2021 from 11:00am to 5:00pm. Staff has verified applicant's date of birth. They are expecting less than 50 people If Agenda Item Requires Exaenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: 02 / 1 b,/ N/A N/A N/A N/A 78 of 166 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION Omer Office Use Only: $250 Security Pd: Date Initials Rental Fee HOME OF PELICAN 151MD 6.50% Tax 1225 Main Street Total Rental Pd: Sebastian, FL 32958 Date Initials Parks Phone: (772) 228-7054 FAX: (772) 388-8248 'For emergency purposes ONLY, please dial772.473.o454 City Manager Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials Date: Z3 a0 Community Center ❑ Yacht Club sh E!x I ?� u c n Name of Permittee (permits may only be issued to an adult) Physical Address Name of Organization (if applicable) Mailing Address (if different) aces-13gs- City tate Phone Reason for Rental — Type of Funct on E-Mail 4 0 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested � � / r� O a I Please answer the following yes or no: 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age Time: From To I I " on - 5`, oo PYIA yes ti(0 � eS . a Date of Birth Verified by t-,< , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. A -, > �. Signature of Apph]�lt 79 of 166 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2 1 2 3 Name they/ / V r ns ❑Cash Date/ ��+�►h�`a 6Check # `/1 O0&M copes ❑ Credit A r—I)L..16Y Amount Paid 001001 208001 Sales Tax /Q'.rO 001001 220000 Security Deposit Z.'V'O ,C O 001501 362100 Taxable Rent Z4Q ' 0D 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Ai h - f_7�y 4 :2 oo ,oa 2. hRaj--+-A 40•00 .4 '.2.4o co Total Paid.J�/ Initials White - Dept. of Origin • Yellow - Admin. Svcs. • Pink - Applicant 4` Ei011M['i�i 00F SEEN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February 10, 2021 AGENDA ITEM TITLE: First Reading of Ordinance 0-21-02 to Adjust the Police Pension Plan for Changes to IRS Required Minimum Distribution Rules and Provide that the Police Pension Board Shall Adopt Necessary and Appropriate Amendments to Maintain the Police Pension Plan as a IRS Qualified Public Pension Plan. RECOMMENDATION: Approve First Reading of Ordinance 0-21-02 and Set Public Hearing for February 24, 2021. BACKGROUND: This Ordinance addresses changes enacted by the SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019). It has been proposed by Bonni Jensen of the firm Klausner, Kaufman, Jensen & Levinson, who serves as the Police Pension Board Attorney. The previous law was that individuals had to begin taking required minimum distributions no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 701/z or the calendar year in which the member terminated employment with the City. The SECURE Act changed this for those reaching 70 1/2 after 2019 to a requirement that the first required minimum distribution must be taken by April 1 of the year after reaching age 72 or the calendar year in which the member terminated employment with the City. There are no likely instances these provisions would even apply to the Police Pension Plan but they are needed to keep the Plan's status as an IRS Qualified Public Pension Plan. Section 5 of the Ordinance provides that the Police Pension Board shall adopt and amend its administrative policy for the required provisions for tax qualification to maintain continuing compliance with the Internal Revenue Code. Any amendments would still require City Council action to approve. If Agenda Item Reauires Exuenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Ordinance 0-21-02 2. Letter from Actuary Regarding No Actuarial Impact 3. IRS Guide — Qualified Plan Requirements — Required Minimum Distributions 4. IRS Bulletin on Changes to Required Minimum Distributions Administrative Services Department Revievycr=,l 4� aL 'L1 I Ar City Attorney Review: 4 Procurement Division Review, if applicable: City Manager Authorization 42 A� 4 81 of 166 CITY OF SEBASTIAN, FLORIDA ORDINANCE NO. 0-21-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT PLAN, OF THE CODE OF ORDINANCES; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; SECTION 58-52, PRE -RETIREMENT DEATH; SECTION 58-55, OPTIONAL FORMS OF BENEFITS; SECTION 58-61, MINIMUM DISTRIBUTION OF BENEFITS; SECTION 58-62, MISCELLANEOUS PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-51, Benefit amounts and eligibility, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-51.- Benefit amounts and eligibility. (e) Required distribution date. The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 70-1i2 72. provided the member had not attained aae 701/2 by December 31. 2019: or the calendar year in which the member terminates employment with the city. SECTION 2. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-52, Pre -retirement death, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-52. - Pre -retirement death. (b) Deceased members vested or eligible for retirement with spouse as beneficiary. This subsection (b) applies only when the member's spouse is the sole designated beneficiary. The spouse beneficiary of any member who dies and who, at the date of his death, was vested or eligible for early or normal retirement shall be entitled to a benefit as follows: Page 1 of 4 82 of 166 (5) Notwithstanding anything contained in this section to the contrary, in any event, distributions to the spouse beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date selected pursuant to the above provisions in this section that must be on or before December 31 of the calendar year in which the member would have attained 70'2 aae 72. SECTION 3. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-55, Optional forms of benefits, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-55. - Optional forms of benefits. (e) Retirement income payments shall be made under the option elected in accordance with this section and shall be subject to the following limitations: (5) The member's benefit under this section must begin to be distributed to the member no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 74;4 72. provided the member had not attained a-ge 70'/2 by December 31, 2019, or the calendar year in which the member terminates employment with the city. SECTION 4. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-61, Minimum distribution of benefits, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-61. - Minimum distribution of benefits. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than the member's required beginning date which shall not be later than April 1 of the calendar year following this later of the calendar year in which the member attains age 7-9;4 72, orovided the member had not attained aae 70'/2 by December 31. 2019, or the calendar year in which the member terminates employment with the city. Page 2 of 4 83 of 166 (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member'ss sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age 7-9�4 72. provided the member had not turned 70'/2 by December 31, 2019, if later, as the surviving spouse elects. SECTION 5. That Chapter 58, Article III, Police Officers' Retirement Plan, Section 58-62, Miscellaneous provisions, of the Code of Ordinances of the City of Sebastian, is hereby amended to read as follows: Sec. 58-62. - Miscellaneous provisions. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the code for a qualified plan under code section 401(a) and a governmental plan under code section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of the code as now in effect or hereafter amended, or any other applicable provisions of the U.S. Federal Tax Laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (1) In recognition of the chanaina requirements of system aualification. the Board shall adopt an administrative DolicY settina forth the reauired provisions for tax aualification. Such a D0IiCV shall be amended by the Board as reauired to maintain continuina_ compliance with the Internal Revenue Code. SECTION 6: Severability. If any portion, part or section of this ordinance is declared invalid, the valid remainder hereof shall remain in full force and effect. Page 3 of 4 84 of 166 SECTION 7: Codification. This Ordinance shall be codified in the Code of Ordinances of the City of Sebastian. SECTION 8: Repeal of Ordinances in Conflict. All ordinances or parts of ordinances inn conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: Scrivener's Errors. Sections of this Ordinance 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 public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 10: Effective Date. This ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -mayor Jim Hill Councilmember Bob McPartlan Councilmember Fred Jones Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted on this 24th day of February, 2021. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney Page 4 of 4 85 of 166 FOSTER & FOSTER r ACTUARIES AND CONSULTANTS January 7, 2021 VIA EMAIL Mr. Ken Killgore Administrative Service Director City of Sebastian Re: City of Sebastian Police Officers' Retirement System Dear Ken Killgore: We have reviewed the most recently proposed Ordinance amending the required distribution date from no Iater than April 1 of the calendar year following the later of the calendar year in which the member attains age 70 %a to no later than April I of the calendar year following the later of the calendar year in which the member attains age 72. We have determined that the adoption of the proposed changes will have no impact on the methods or assumptions used in determining the funding requirements of the Plan. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this Ietter and a copy of the fully executed Ordinance to each of the following offices: Mr. Keith Brinkman Mr. Steve Bardin Bureau of Local Retirement Systems Municipal Police and Fire Division of Retirement Pension Trust Funds P. O. Box 9000 Division of Retirement Tallahassee, FL 32315-9000 P.O. Box 3010 Tallahassee, FL 32315-3010 The undersigned is familiar with the immediate and long-term aspects of pension valuations, and meets the Qualification Standards of the American Academy of Actuaries necessary to render the actuarial opinions contained herein. If you have any questions, please let me know. Sincerely, Douglas . Lozen, EA, MAAA 13420 Parker Commons 1W., Suite 104 Fort Myers, R 33912 • (239) 433-5500 • Fax (239) 481-0634 - www.f000r4os%r.com 86 of 166 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 1 of 15 A Guide to Common Qualified Plan Requirements A qualified plan must satisfy the Internal Revenue Code in both form and operation. That means that the provisions in the plan document must satisfy the requirements of the Code and that those plan provisions must be followed. The IRS administers a determination letter program that enables plan sponsors to get advance assurance as to the form of their retirement plan document. Employers should establish practices and procedures to ensure the plan is operated in accordance with the plan document so participants and beneficiaries receive their proper retirement benefits. Be aware that the law and regulations in the retirement plans area frequently changes. Make sure your plan document and determination letter, if applicable, are up to date. What follows is a list of some of the more important retirement plan requirements to help employers in implementing practices, procedures and internal controls to monitor plan operations. Your plan may have other operational requirements that need to be monitored. Note that problems often arise from changes in personnel, procedures, payroll systems, or new service providers such as accountants, attorneys, actuaries or third -party plan administrators. Employers that have experienced any of these changes should give special scrutiny to operational requirements affected by the change. If you find you haven't operated your plan according to the law or the plan language, use our Fix -it Guides for 401(k) plans, 403(b) plans, SARSEP plans, SEP-IRA plans, and SIMPLE IRA plans to correct mistakes. 87 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 2 of 15 1. Minimum Participation Requirements 2. Operate in Accordance with Plan 3. No Cutback by Plan Amendment 4. 401(k) ADP and Distribution Requirement 5. Matching/Employee Contribution ACP Test 6. Elective Deferral Test 7. 415 Maximum Contribution/Benefit Limit 8. 401(a)(17) Maximum Compensation Limit 9. Top -Heavy Requirements 10. Minimum Vesting Requirements 11. Minimum Distribution Requirements 12. Consent for Distribution Requirement 13. Joint and Survivor Annuity Requirements 14. Direct Rollover Requirements 15. Assignment or Alienation Prohibition 16. Nondiscrimination Requirements 17. Coverage Requirements 18. 401(a)(26) Participation Requirement 19. Funding Requirements 20. Exclusive Benefit Requirement 21. Reporting and Disclosure Does your plan document satisfy the minimum participation requirements of section 410(a)? Check that all appropriate employees began participation on the correct date in accordance with section 410(a) and the plan document. Section 410(a)(1) of the Internal Revenue Code (Code) sets forth the minimum age and service requirements for a qualified retirement plan. In general, a plan cannot require, as a condition of participation, that an employee complete a period of service with the employer extending beyond the later of: 1. the date on which the employee attains age 21; or 88 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/202C A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 3 of 15 2. the date on which the employee completes one year of service. Section 410(a)(4) sets forth the rules for plan entry dates (the dates when an eligible employee must begin participation). Under Code section 410(a)(4), a plan is not qualified unless it provides that an employee who is otherwise eligible to participate under the terms of the plan commences participation no later than the earlier of: 1. the first day of the first plan year beginning after the date on which the employee satisfied the Code section 410(a)(1) minimum age and service requirements; or 2. the date 6 months after the date on which the employee satisfied the minimum age and service requirements. Return to List of Requirements In operation, did you include in the plan all the employees described in the plan document? Did you give them the benefits described in the plan? Your plan document describes who is covered under your plan, i.e., who benefits under your plan, and what contributions or benefits will be provided to those covered employees. Your employees' rights to contributions and benefits are derived from the plan document. You must operate your plan strictly in accordance with the terms of your plan document; that is, you must cover the employees that your plan document describes as being covered and when the plan document says they should be covered, and you must provide them the contributions or benefits set out in the plan document. Even if the terms of your plan do not reflect your intent, you must follow the terms of your plan. Of course, the terms of your plan may be amended by a plan amendment. But see item 3, below, with respect to the prohibition against cutting back benefits that your employees have already accrued (or to which they are already entitled) under the plan. Return to List of Requirements 89 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 4 of 15 If the plan has been amended, did the amendment result in a cutback of accrued benefits prohibited by section 411(d)(6)? Make sure that no plan amendment reduced any participant's benefit accrued before the amendment. Section 411(d)(6) prohibits the reduction of any participant's accrued benefit by an amendment of the plan. In a defined contribution plan (a 401(k), profit-sharing, money purchase plan, etc.), this means that no employee's account can be reduced because of a plan amendment. A plan amendment that has the effect of eliminating or reducing an early retirement benefit or a retirement -type subsidy, or eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment will be treated as reducing accrued benefits. Return to List of Requirements If your plan is a 401(k) plan or contains a 401(k) cash or deferred arrangement (CODA), does it comply with the requirements of 401(k)? Check that your 401(k) plan complies with section 401(k), including the Actual Deferral Percentage test and the distribution requirements. Under a CODA, participants may elect to have their employer contribute a specific amount to the plan in lieu of receiving it in cash as wages. In order to satisfy the requirements of section 401(k), the plan must satisfy the Actual Deferral Percentage (ADP) test. The ADP test requires that the deferral of income into the CODA by highly compensated employees be proportional to that for nonhighly compensated employees. Generally, amounts that the participant elects to defer may only be distributed upon specific events including death, disability, termination of employment, hardship and attainment of age 591/2. The plan document must state that the Actual Deferral Percentage (ADP) test of Code section 401(k)(3) will be satisfied and must actually satisfy the test in operation. Additionally, the law has changed to 90 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 5 of 15 allow an employer not to perform an ADP test if it makes a safe harbor contribution to the plan on behalf of employees. In addition to the safe harbor contribution, certain notice requirements are also applicable. Return to List of Requirements If your plan permits employee and/or matching contributions, does it satisfy the nondiscrimination test for matching and employee contributions under Code section 401(m)? Determine that your plan satisfied the Actual Contribution Percentage test each year. If a retirement plan permits employee and/or matching contributions, the plan must satisfy the requirements of Code section 401(m). The plan document must state that the Actual Contribution Percentage (ACP) test of Code section 401(m)(2) will be satisfied and must actually satisfy the test in operation. The ACP test requires that the employee and matching contributions provided for highly compensated employees be proportional to those for nonhighly compensated employees. Code section 401(m) does not apply to a defined benefit plan unless employee contributions to the plan are allocated to a separate account. Similar to the ADP safe harbor contribution, a safe harbor exists for the ACP test if the ADP safe harbor contribution is made and timely notice is provided to participants. Additionally, the level of matching contributions is limited in order for the ACP safe harbor to apply. Return to List of Requirements 91 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 6 of 15 if your plan provides for elective deferrals, does it limit those deferrals to the section 402(g) limit? Check that in operation, elective deferrals made for each employee are limited to the section 402(g) limit. Elective deferrals are amounts that employees elect to contribute to a retirement plan out of their compensation. A plan that provides for elective deferrals, for example a 401 (k) plan, must provide that for each participant the amount of elective deferrals under the plan and all other plans, contracts, or arrangements of an employer maintaining the plan may not exceed the amount of the limitation in effect under Code section 402 (g)(1) (Code section 401(a)(30)). In addition to the plan terms providing that elective deferrals must satisfy the requirements of Code section 402(g), elective deferrals must satisfy these requirements in operation. This limit is $19,500 in 2020 and $19,000 in 2019, subject to cost -of -living adjustments in later years. The law allows participants who are age 50 and over to make additional elective deferrals to the plan over the statutory limit. For taxable years beginning in 2020, the additional elective deferrals is $6,500; $6,000 in 2015, 2016, 2017 and 2018 and 2019, the additional elective deferrals is $6,000 (subject to cost -of -living adjustments in later years). Return to List of Requirements Did your plan limit contributions or benefits so they do not exceed the limitation set forth in section 415? Check to make sure that contributions made to any of your employees (or benefits accrued by your employees, if your plan is a defined benefit plan) were appropriately limited by the 415 limitations in accordance with the plan document. The limitations on benefits and contributions for retirement plans are set forth in Code section 415. The annual benefit limitation for a defined benefit plan is $225,000 for 2019 and $230,000 for 2020 (subject to cost -of -living adjustments for later years) for 92 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements I1/2/202C A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 7 of 15 each employee. The limitation on annual contributions to a defined contribution plan is $56,000 for 2019 and $57,000 for 2020 (subject to cost -of -living adjustments for later years) for each employee. Return to List of Requirements Was the compensation of each employee taken into account under the plan limited to the section 401(a)(17) limitation? Check that for any employee only compensation up to the maximum compensation limit for the year was taken into account under the plan for purposes of computing the employee's contributions and benefits. The maximum annual compensation of each employee that can be taken into account under a plan for any year must not exceed $280,000 for 2019 ($285,000 for 2020) and subject to cost -of -living adjustments in later years. Return to List of Requirements Does the plan comply with the top-heavy requirements of section 416? Check that your plan's top-heavy status is being determined and that if the plan is top-heavy, appropriate minimum vesting and contributions or benefits are being provided. A plan must satisfy certain vesting and minimum benefit requirements if the plan is top-heavy. In general, a plan is top-heavy if 60 percent of the aggregate accrued benefits or account balances under the plan are for the benefit of certain "key employees." Generally, a key employee is: • a 5 percent owner of the employer, • a 1 percent owner of the employer with over $150,000 in compensation from the employer, or 93 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 8 of 15 • an officer of the employer with over $180,000 (in 2019 and $185,000 in 2020, and subject to cost -of -living adjustments in later years) in compensation from the employer. Return to List of Requirements Did your plan satisfy the minimum vesting requirements? Check that any distributions from your plan were computed by applying the vesting schedule in the plan document. Code section 411 provides the minimum vesting requirements. This requires that each employee vest or own, at a minimum, a stated percentage of their interest in the plan each year. Your plan's vesting schedule will be set out in your plan document. Many plans provide for 100%vesting for all employees immediately upon their commencement of participation. All employees must be 100% vested by the time that they attain Normal Retirement Age under the plan and when the plan is terminated. Amounts that are not vested may be "forfeited" by the employees when they separate from service with the employer. Your plan will describe how these forfeitures will be used: either to increase benefits or to fund future benefits for other plan participants. In a defined benefit plan, forfeitures must not be applied to increase the benefits any employee would otherwise receive under the plan. (Code section 401(a)(8)). Return to List of Requirements Did your plan make required minimum distributions in accordance with section 401(a)(9)? Check to make sure that all distributions were made to employees at the correct time and in the correct amounts as described under the plan document. 94 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 9 of 15 Ark employee's assets may not remain in the retirement plan indefinitely. Section 401 (a)(9) sets out the latest date by which distributions must begin and the minimum amount of the distribution. A plan must provide that the interest of each employee will begin to be distributed to the employee not later than the required beginning date which means, in general, April 1 of the calendaryear following the later of: a. the calendar year in which the employee attains age 72 (70 1/2 if you reach 701/2 before January 1, 2020), or b. the calendar year in which the employee retires. [This does not apply to an employee who is a 5-percent owner.] At a minimum, the distributions must be evenly spread over the life of the employee or over the lives of the employee and a designated beneficiary (or over a period not extending beyond the life expectancy of the employee and a designated beneficiary). Return to List of Requirements Did the plan comply with the consent requirements of section 411(a)(11)? Check that distributions prior to normal retirement age or age 62 were made with the consent of the participant. Section 411(a)(11) prevents a plan from forcing a distribution on a plan participant prior to the time the participant attains normal retirement age or age 62. In general, if the present value of any nonforfeitable accrued benefit exceeds $5,000, a plan must provide that such benefit may not be distributed without the consent of the participant. Return to List of Requirements 95 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 10 of 15 If applicable, are distributions from the plan made in accordance with the joint and survivor annuity requirements? Check to make sure that your plan made all distributions in the form of a joint and survivor annuity unless the spouse waived the right to a joint and survivor annuity or your plan is a profit-sharing plan that is exempt from the joint and survivor annuity requirements. The joint and survivor requirements are designed to protect the employee's spouse. In general, they require that distributions from the plan be made in the form of a joint and survivor annuity unless the spouse waives the right to a qualified joint and survivor annuity. The term "joint and survivor annuity" means an annuity for the life of the participant with a survivor annuity for the life of the spouse which is not less than 50 percent of (and is not greater than 100 percent of) the amount of the annuity which is payable during the joint lives of the participant and the spouse. The joint and survivor requirements do not apply to certain profit-sharing plans that do not provide distributions in the form of an annuity and that provide that the employee's spouse receives the employee's account upon death of the employee. (Code sections 401(a)(11) and 417). Return to List of Requirements If there were any distributions made, were participants given the right to a direct rollover? Check that for distributions from your plan eligible to be rolled over, to another plan, the distributee was given the option to have the distribution transferred directly to the other plan. Your plan must provide that if the distributee of any eligible rollover distribution 1. elects to have such distribution paid directly to an eligible retirement plan, and 2. specifies the eligible retirement plan to which such distribution is to be paid, 96 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements I1/2/202C A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 11 of 15 such distribution shall be made in the form of a direct trustee -to -trustee transfer to the eligible retirement plan. Your plan must comply with this provision in operation. (Code section 401(a)(31)). Additionally, the law has changed to require that for employer -initiated mandatory distributions of more than $1,000, the distribution must be paid as a direct rollover to an IRA if the participant does not make an affirmative election to do otherwise. Return to List of Requirements Check that, other than for participant loans permitted under the terms of your plan, no benefits under the plan were used as collateral for a loan or otherwise assigned or alienated. The plan must provide that benefits provided under the plan may not be assigned or alienated. In practice, the plan must not allow the assignment or alienation of any employee's interest in the plan, other than for certain participant loans if they are provided for under the plan terms, and for certain qualified domestic relations orders. (Code section 401(a)(13)). Return to List of Requirements Did the contributions or benefits provided under the plan comply with the nondiscrimination requirements of section 401(a)(4)? Determine that the plan satisfies the nondiscrimination test of section 401(a)(4). The contributions or benefits provided under a plan must not discriminate in favor of highly compensated employees. Section 401(a)(4) contains the test for nondiscrimination that a qualified plan must satisfy. The purpose of this test is to 97 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 12 of 15 assure that the benefits provided to highly compensated employees are proportional" to those provided to nonhighly compensated employees. Return to List of Requirements Does the group of employees covered by the plan satisfy section 410(b)? Check to make sure that contributions are being made (or benefits are accruing) for each employee entitled to contributions (or benefits) under the plan document, and determine that this group of employees satisfies one of the tests below. In general, 410(b) sets out rules on who the plan must cover. In order to satisfy this Code section, a plan must meet one of the following tests: 1. The plan benefits at least 70 percent of employees who are not highly compensated employees (percentage test). 2. The plan benefits: (i) a percentage of nonhighly compensated employees which is at least 70 percent of (ii) the percentage of highly compensated employees benefiting under the plan (ratio test). 3. The plan must benefit a classification of employees that does not discriminate in favor of highly compensated employees (nondiscriminatory classification test) and the average benefit percentage of the nonhighly compensated employees must be at least 70 percent of the average benefit percentage of the highly compensated employees (average benefit percentage test). For purposes of IRC Section 410(b), employees who are included in a unit of employees covered by a collective bargaining agreement and employees who are nonresident 98 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/202( A Guide to Common Qualified Plan Requirements I Internal Revenue Service Paige 13 of 15 aliens receiving no U.S. source earned income from the employer can be excluded from consideration. Note that changes in employee demographics may affect the way that the plan satisfies the coverage tests. In addition, if the employer has been involved in a merger, acquisition or divestiture of a business unit, the plan should be reviewed to assure that it passes one of the section 410(b) coverage tests. Return to List of Requirements If your plan is a defined benefit plan, does it comply with the minimum participation requirements of 401(a)(26)? Check that your defined benefit plan benefits at least the number of employees set out below. On each day of the plan year, a defined benefit plan must benefit the lesser of: 1. 50 employees of the employer, or 2. the greater of: 40 percent of all employees of the employer, or 2 employees (or if there is only 1 employee, such employee). Return to List of Requirements If your plan is a money purchase pension plan or a defined benefit plan, has it complied with the minimum funding requirements of section 412? Check that appropriate contributions were made to the plan. 99 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 14 of 15 If your plan is a defined benefit plan, an enrolled actuary will have to compute the funding required for the plan and sign Schedule B of Form 5500 setting out the plan's funding status. If your plan is a money purchase pension plan, the contributions required by the plan document must be made in order to satisfy the minimum funding requirements of section 412. Return to List of Requirements Did your plan comply with the requirement that all plan assets are used for the exclusive benefit of employees and their beneficiaries? Check that none of your plan's assets were diverted for other purposes. A trust is a medium under which the retirement plan assets are accumulated. The employer or employees, or both, contribute to the trust, which forms part of the retirement plan. The assets are held in the trust until distributed to the employees or their beneficiaries according to the plan's provisions. The trust must be maintained for the exclusive benefit of the employees and their beneficiaries. Section 401(a) of the Code sets out the requirements that a trust must satisfy in order to "qualify" for favorable tax treatment. When a trust is "qualified" under section 401(a), it obtains its exemption from income tax under Code section 501(a). Return to List of Requirements Did your plan comply with the reporting and disclosure requirements? Make sure that your plan complies with the applicable reporting and disclosure requirements, including: 100 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 A Guide to Common Qualified Plan Requirements I Internal Revenue Service Page 15 of 15 1 Retirement plans must file Form 5500 G�'or 5500-EZ PDF annually unless they are covered under one of the exceptions in the instructions to the forms. 2. Distributions from the plan must be reported to the IRS on Form 1099-R ! . 3. Participants must receive periodic statements of their account balance/benefits. Return to List of Requirements Page Last Reviewed or Updated: 20-Sep-2020 101 of 166 https://www.irs.gov/retirement-plans/a-guide-to-common-qualified-plan-requirements 11/2/2020 CITY OF SEBASTIAN POLICE OFFICERS' RETIREMENT SYSTEM SPECIAL TAX NOTICE YOUR ROLLOVER OPTIONS You are receiving this notice because all or a portion of a payment you are receiving from the City of Sebastian Police Officers' Retirement System (the "Plan") is eligible to be rolled over to an IRA or an employer plan. This notice is intended to help you decide whether to do such a rollover. This notice describes the rollover rules that apply to payments from the Plan that are not from a designated Roth account (a type of account with special tax rules in some employer plans). If you also receive a payment from a designated Roth account in the Plan, you will be provided a different notice for that payment, and the Plan administrator or the payor will tell you the amount that is being paid from each account. Rules that apply to most payments from a Plan are described in the "General Information About Rollovers" section. Special rules that only apply in certain circumstances are described in the "Special Rules and Options" section. GENERAL INFORMATION ABOUT ROLLOVERS How can a rollover affect my taxes? You will be taxed on a payment from the Plan if you do not roll it over. If you are under age 59'/z and do not do a rollover, you will also have to pay a 10% additional income tax on early distributions (unless an exception applies). However, if you do a rollover, you will not have to pay tax until you receive payments later and the 10% additional income tax will not apply if those payments are made after you are age 59Y2 (or if an exception applies). Where may I roll over the payment? You may roll over the payment to either an IRA (an individual retirement account or individual retirement annuity) or an employer plan (a tax -qualified plan, section 403(b) plan, or governmental section 457(b) plan) that will accept the rollover. The rules of the IRA or 00174865.WPD; 1 Page 1 of 10 102 of 166 employer plan that holds the rollover will determine your investment options, fees, and rights to payment from the IRA or employer plan (for example, no spousal consent rules applyto IRAs and IRAs may not provide loans). Further, the amount rolled overwill become subject to the tax rules that apply to the IRA or employer plan. How do I do a rollover? There are two ways to do a rollover. You can do either a direct rollover or a 60-day rollover. If you do a direct rollover, the Plan will make the payment directly to your IRA or an employer plan. You should contact the IRA sponsor or the administrator of the employer plan for information on how to do a direct rollover. If you do not do a direct rollover, you may still do a rollover by making a deposit into an IRA or eligible employer plan that will accept it. You will have 60 days after you receive the payment to make the deposit. If you do not do a direct rollover, the Plan is required to withhold 20% of the payment for federal income taxes (up to the amount of cash and property received other than employer stock). This means that, in order to roll over the entire payment in a 60-day rollover, you must use other funds to make up for the 209/0 withheld. If you do not roll over the entire amount of the payment, the portion not rolled over will be taxed and will be subject to the 10% additional income tax on early distributions if you are under age 59'/2 (unless an exception applies). How much may I roll over? If you wish to do a rollover, you may roll over all or part of the amount eligible for rollover. Any payment from the Plan is eligible for rollover, except: • Certain payments spread over a period of at least 10 years or over your life or life expectancy (or the lives or joint life expectancy of you and your beneficiary) • Required minimum distributions after age 72' (or after death) • Hardship distributions • ESOP dividends • Corrective distributions of contributions that exceed tax law limitations • Loans treated as deemed distributions (for example, loans in default due to missed payments before your employment ends) • Cost of life insurance paid by the Plan Effective January 1, 2020, if you had not already attained age 70'/z by December 31, 2019, you may wait until age 72 to begin taking the required minimum distributions. 00174865.WPD;i Page 2 of 10 103 of 166 Payments of certain automatic enrollment contributions requested to be withdrawn within 90 days of the first contribution Amounts treated as distributed because of a prohibited allocation of S corporation stock under an ESOP (also, there will generally be adverse tax consequences if you roll over a distribution of S corporation stock to an IRA). The Plan administrator or the payor can tell you what portion of a payment is eligible for rollover. If I don't do a rollover, will I have to pay the 10% additional income tax on early distributions? If you are under age 59'/z, you will have to pay the 10% additional income tax on early distributions for any payment from the Plan (including amounts withheld for income tax) that you do not roll over, unless one of the exceptions listed below applies. This tax is in addition to the regular income tax on the payment not rolled over. The 10% additional income tax does not apply to the following payments from the Plan: • Payments made after you separate from service if you will be at least age 55 in the year of the separation • Payments that start after you separate from service if paid at least annually in equal or close to equal amounts over your life or life expectancy (or they lives or joint life expectancy of you and your beneficiary) • Payments from a governmental defined benefit pension plan made after you separate from service if you are a public safety employee and you are at least age 50 in the year of the separation • Payments made due to disability • Payments after your death • Payments of ESOP dividends • Corrective distributions of contributions that exceed tax law limitations • Cost of life insurance paid by the Plan • Payments made directly to the government to satisfy a federal tax levy • Payments made under a qualified domestic relations order (QDRO) • Payments up to the amount of your deductible medical expenses • Certain payments made while you are on active duty if you were a member of a reserve component called to duty after September 11, 2001 for more! than 179 days • Payments of certain automatic enrollment contributions requested to be! withdrawn within 90 days of the first contribution • Payments for certain distributions relating to certain federally declared disasters • Phased retirement payments made to federal employees. 00174865.WPD;1 Page 3 of 10 104 of 166 If I do a rollover to an IRA, will the 10% additional income tax apply to early distributions from the IRA? If you receive a payment from an IRA when you are under age 59'/2, you will have to pay the 10% additional income tax on early distributions from the IRA, unless an exception applies. In general, the exceptions to the 10% additional income tax for early distributions from an IRA are the same as the exceptions listed above for early distributions from a plan. However, there are a few differences for payments from an IRA, including: • There is no exception for payments after separation from service that are made after age 55. • The exception for qualified domestic relations orders (QDROs) does not apply (although a special rule applies under which, as part of a divorce or separation agreement, a tax-free transfer may be made directly to an IRA of a spouse or former spouse). • The exception for payments made at least annually in equal or close to equal amounts over a specified period applies without regard to whether you have had a separation from service. • There are additional exceptions for (1) payments for qualified higher education expenses, (2) payments up to $10,000 used in a qualified first-time home purchase, and (3) payments for health insurance premiums after you have received unemployment compensation for 12 consecutive weeks (or would have been eligible to receive unemployment compensation but for self-employed status). Will I owe State income taxes? This notice does not describe any State or local income tax rules (including withholding rules). SPECIAL RULES AND OPTIONS If your payment includes after-tax contributions After-tax contributions included in a payment are not taxed. If a payment is only part of your benefit, an allocable portion of your after-tax contributions is included in the payment, so you cannot take a payment of only after-tax contributions. However, if you have pre-1987 after-tax contributions maintained in a separate account, a special rule may apply to determine whether the after-tax contributions are included in a payment. In addition, special rules apply when you do a rollover, as described below. 00174865.WPD;1 Page 4 of 10 105 of 166 You may roll over to an IRA a payment that includes after-tax contributions through either a direct rollover or a 60-day rollover. You must keep track of the aggregate amount of the after-tax contributions in all of your IRAs (in order to determine your taxable income for later payments from the IRAs). If you do a direct rollover of only a portion of the amount paid from the Plan and at the same time the rest is paid to you, the portion directly rolled over consists first of the amount that would be taxable if not rolled over. For example, assume you are receiving a distribution of $12,000, of which $2,000 is after -tag; contributions. In this case, if you directly roll over $10,000 to an IRA that is not a Roth IRA,, no amount is taxable because the $2,000 amount not directly rolled over is treated as being after-tax contributions. If you do a direct rollover of the entire amount paid from the plan to two or more destinations at the same time, you can choose which destination receives the after-tax contributions. If you do a 60-day rollover to an IRA of only a portion of a payment made to you, the after- tax contributions are treated as rolled over last. For example, assume you are receiving a distribution of $12,000, of which $2,000 is after-tax contributions, and no part of the distribution is directly rolled over. In this case, if you roll over $10,000 to an IRA that is not a Roth IRA in a 60-day rollover, no amount is taxable because the $2,000 amount not rolled over is treated as being after-tax contributions. You may roll over to an employer plan all of a payment that includes after-tax contributions, but only through a direct rollover (and only if the receiving plan separately accounts for after-tax contributions and is not a governmental section 457(b) plan). You can do a 60-. day rollover to an employer plan of part of a payment that includes after-tax contributions, but only up to the amount of the payment that would be taxable if not rolled over. If you miss the 60-day rollover deadline Generally, the 60-day rollover deadline cannot be extended. However, the IRS has the limited authority to waive the deadline under certain extraordinary circumstances, such as when external events prevented you from completing the rollover by the 60-day rollover deadline. To apply for a waiver, you must file a private letter ruling request with the IRS. Private letter ruling requests require the payment of a nonrefundable user fee. For more information, see IRS Publication 590-A, Individual Retirement Arrangements (IRAs). If your payment includes employer stock that you do not roll over If you do not do a rollover, you can apply a special rule to payments of employer stock (or other employer securities) that are either attributable to after-tax contributions or paid in a lump sum after separation from service (or after age 59'/2, disability, or the participant's death). Underthe special rule, the net unrealized appreciation on the stock will not be taxed when distributed from the Plan and will be taxed at capital gain rates when you sell the stock. Net unrealized appreciation is generally the increase in the value of employer stock after it was acquired by the Plan. If you do a rollover for a payment that includes employer stock (for example, by selling the stock and rolling over the proceeds within 60 days of the 00174865.WPD;1 Page 5 of 10 106 of 166 payment), the special rule relating to the distributed employer stock will not apply to any subsequent payments from the IRA or employer plan. The Plan administrator can tell you the amount of any net unrealized appreciation. If you have an outstanding loan that is being offset If you have an outstanding loan from the Plan, your Plan benefit may be offset by the amount of the loan, typically when your employment ends. The loan offset amount is treated as a distribution to you at the time of the offset and will be taxed (including the 10% additional income tax on early distributions, unless an exception applies) unless you do a 60-day rollover in the amount of the loan offset to an IRA or employer plan. How long you have to complete the rollover depends on what kind of plan loan you havo. If you have a qualified plan loan offset, you will have until your tax return date (including extensions) for the tax year during which the offset occurs to complete your rollover. A qualified plan loan offset occurs when a plan loan in good standing is offset because your employer plan terminates, or because you sever from employment. If your plan loan offset occurs for any other reason, then you have 60 days from the date the offset occurs to complete your rollover. If you were born on or before January 1, 1936 If you were born on or before January 1, 1936 and receive a lump sum distribution that you do not roll over, special rules for calculating the amount of the tax on the payment might apply to you. For more information, see IRS Publication 575, Pension and Annuity Income. If your payment is from a governmental section 457(b) plan If the Plan is a governmental section 457(b) plan, the same rules described elsewhere in this notice generally apply, allowing you to roll over the payment to an IRA or an employer plan that accepts rollovers. One difference is that, if you do not do a rollover, you will not have to pay the 10% additional income tax on early distributions from the Plan even if you are under age 59'/2 (unless the payment is from a separate account holding rollover contributions that were made to the Plan from a tax -qualified plan, a section 403(b) plan, or an IRA). However, if you do a rollover to an IRA or to an employer plan that is not a governmental section 457(b) plan, a later distribution made before age 59'/2 will be subject to the 10% additional income tax on early distributions (unless an exception applies). Other differences are that you cannot do a rollover if the payment is due to an "unforeseeable emergency" and the special rules under "If your payment includes employer stock that you do not roll over" and "If you were born on or before January 1, 1936" do not apply. 00174865.WPD; 1 Page 6 of 10 107 of 166 If you are an eligible retired public safety officer and your pension payment is used to pay for health coverage or qualified long-term care insurance If the Plan is a governmental plan, you retired as a public safety officer, and your retirement was by reason of disability or was after normal retirement age, you can exclude from your taxable income plan payments paid directly as premiums to an accident or health plan (or a qualified long-term care insurance contract) that your employer maintains for you, your spouse, or your dependents, up to a maximum of $3,000 annually. For this purpose, a public safety officer is a law enforcement officer, firefighter, chaplain, or member of a rescue squad or ambulance crew. If you roll over your payment to a Roth IRA If you roll over the payment from the Plan to a Roth IRA, a special rule applies under which the amount of the payment rolled over (reduced by any after-tax amounts) will be taxed. However, the 10% additional income tax on early distributions will not apply (unless you take the amount rolled over out of the Roth IRA within 5 years, counting from January 1 of the year of the rollover). If you roll over the payment to a Roth IRA, later payments from the Roth IRA that are qualified distributions will not be taxed (including earnings after the rollover). A qualified distribution from a Roth IRA is a payment made after you are age 59'/z (or after your death or disability, or as a qualified first-time homebuyer distribution of up to $10,000) and after you have had a Roth IRA for at least 5 years. In applying this 5-year rule, you count from January 1 of the year for which your first contribution was made to a Roth IRA. Payments from the Roth IRA that are not qualified distributions will be taxed to the extent of earnings after the rollover, including the 10% additional income tax on early distributions (unless an exception applies). You do not have to take required minimum distributions from a Roth IRA during your lifetime. For more information, see IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), and IRS Publication 590-B, Distributions from Individual Retirement Arrangements (IRAs). If you are not a plan participant Payments after death of the participant. If you receive a distribution after the participant's death that you do not roll over, the distribution will generally be taxed in the same manner described elsewhere in this notice. However, the 10% additional income tax on early distributions and the special rules for public safety officers do not apply, and the special rule described under the section "If you were born on or before January 1, 1936" applies only if the participant was born on or before January 1, 1936. If you are a surviving spouse. If you receive a payment from the Plan as the surviving spouse of a deceased participant, you have the same rollover options that the participant would have had, as described elsewhere in this notice. In addition, 00174865.WPD; 1 Page 7 of 10 108 of 166 if you choose to do a rollover to an IRA, you may treat the IRA as your own or as an inherited IRA. An IRA you treat as your own is treated like any other IRA of yours, so that payments made to you before you are age 59'/2 will be subject to the 10% additional income tax on early distributions (unless an exception applies) and required minimum distributions from your IRA do not have to start until after you are age 72, provided you had not already attained age 70'/2 by December 31, 2019. If you treat the IRA as an inherited IRA, payments from the IRA will not be subject to the 10% additional income tax on early distributions. However, if the participant had started taking required minimum distributions, you will have to receive required minimum distributions from the inherited IRA. If the participant had not started taking required minimum distributions from the Plan, you will not have to start receiving required minimum distributions from the inherited IRA until the year the participant would have been age 72. If you are a surviving beneficiary other than a spouse. If you receive a payment from the Plan because of the participant's death and you are a designated beneficiary other than a surviving spouse, the only rollover option you have is to do a direct rollover to an inherited IRA. Payments from the inherited IRA will not tie subject to the 10% additional income tax on early distributions. You will have to receive required minimum distributions from the inherited IRA. Payments under a qualified domestic relations order. If you are the spouse or former spouse of the participant who receives a payment from the Plan under a qualified domestic relations order (QDRO), you generally have the same options the participant would have (for example, you may roll over the payment to your own IRA or an eligible employer plan that will accept it). Payments under the QDRO will not be subject to the 10% additional income tax on early distributions. If you are a nonresident alien If you are a nonresident alien and you do not do a direct rollover to a U.S. IRA or U.S. employer plan, instead of withholding 20%, the Plan is generally required to withhold 30% of the payment for federal income taxes. If the amount withheld exceeds the amount of tax you owe (as may happen if you do a 60-day rollover), you may request an income tax refund by filing Form 1040NR and attaching your Form 1042-S. See Form W-8BEN for claiming that you are entitled to a reduced rate of withholding under an income tax treaty. For more information, see also IRS Publication 519, U.S. Tax Guide for Aliens, and IRS Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. 00174865.WPD;1 Page 8 of 10 109 of 166 Other special rules If a payment is one in a series of payments for less than 10 years, your choice whether to make a direct rollover will apply to all later payments in the series (unless you make a different choice for later payments). If your payments for the year are less than $200 (not including payments from a designated Roth account in the Plan), the Plan is not required to allow you to do a direct rollover and is not required to withhold for federal income taxes. However, you may do a 60-day rollover. Unless you elect otherwise, a mandatory cashout of more than $1,000 (not including payments from a designated Roth account in the Plan) will be directly rolled over to an IRA chosen by the Plan administrator or the payor. A mandatory cashout is a payment from a plan to a participant made before age 62 (or normal retirement age, if later) and without consent, where the participant's benefit does not exceed $5,000 (not including any amounts held under the plan as a result of a prior rollover made to the plan). You may have special rollover rights if you recently served in the U.S. Armed Forces. For more information, see IRS Publication 3, Armed Forces' Tax Guide. FOR MORE INFORMATION You may wish to consult with the Plan administrator or payor, or a professional tax advisor, before taking a payment from the Plan. Also, you can find more detailed information on the federal tax treatment of payments from employer plans in: IRS Publication 575, Pension and Annuity Income; IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs); IRS Publication 590-13, Distributions from Individual Retirement Arrangements (IRAs); and IRS Publication 571, Tax -Sheltered Annuity Plans (403(b) Plans). These publications are available from a local IRS office, on the web at www.irs.aov, or by calling 1-800-TAX-FORM. 00174865.WPD;1 Page 9 of 10 110 of 166 I HAVE RECEIVED THE PRECEDING 9-PAGE SPECIAL TAX NOTICE: Date: Participant's Signature Print Clearly Participant's Name Note: Return ONLY this last page (numbered 10 of 10) to: City of Sebastian Police Officers' Retirement System C/o Ken Kilgore Plan Administrator 1225 Main Street Sebastian, FL 32958 Email: kkillgore(d�CitvofSebastian.orq Telephone:(772) 388-8205 00174865.WPD;1 Page 10 of 10 i 111 of 166 an �� 5EB_AS_1r_N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: February 10, 2021 Title & Recommendation: Approve Lease Agreement for Hangar C with Fishe Flying Corp., dba Pilot's Paradise, Inc. for a Lease Term of Twenty (20) Years with an Option to Extend as a Result of Mutual Termination of Current Lease Agreement with Cruiser Aircraft. Backaround: The Procurement Division, on behalf of the Sebastian Municipal Airport, recommends Council APPROVE the Lease Agreement for Hangar C with Fishe Flying Corp., dba Pilot's Paradise, Inc. as a result of a mutual termination of the current Lease Agreement with Cruiser Aircraft. Cruiser Aircraft, Inc. has relocated its business to Utah and is voluntarily requesting mutual termination of its lease with the City of Sebastian for Hangar C. Pilot's Paradise, who is currently sub leasing Hangar C from Cruiser Aircraft, Inc. wishes to enter into a new lease with the City of Sebastian for Hangar C. Airport Staff recommends both actions be approved. If Aaenda Item Reauires Exoenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Proposed Lease Agreement with Fishe Flying Corp., dba Pilot's Paradise, Inc .................... 2 2. Request to Mutually Terminate Agreement - Cruiser Aircraft ................................................ 25 Administrative Services Departme Rev!- 1 City Attorney Review: / Procurement Division Review, if applica e: ' 9 City Manager Authorization: Date: Page 1 of 25 112 of 166 SEBAST- HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST n SEBASTIAN, FL 32958 PHONE 772-228-7013 — FAX 772-228-7078 sbaker(a-,.citvofsebastian.ore LEASE AGREEMENT Between The City of Sebastian And Fishe Flying Corp. dba Pilot's Paradise, Inc. Stephen Fisher, President 202 Airport Drive East Sebastian, FL 32958 Page 2 of 25 113 of 166 AIRPORT LEASE THIS LEASE, made and entered into this 10th day of February, 2021, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and Fishe Flying Corp, DBA Pilot's Paradise, Inc. (hereinafter referred to as "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties/party." This document contains twenty three (23) - pages, plus Schedule "A". WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in Indian River County, Florida; and WHEREAS, the certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property or as the Federal Aviation Administration, FAA, might allow; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end, and in consideration of the premises, covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 114 of 166 RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. 1. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, incorporated therein by reference, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property, with improvements, which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter referred to as the "Leased Premises"). In the event that any portion of the Leased Premises is needed for actual improvements to the Airport, or any portion thereof rendered unusable to Tenant, Tenant shall be released from this lease and the rental payments adjusted accordingly. . 2. TERM OF LEASE. The term of this Lease shall be for a period of twenty (20) years commencing February 10, 2021, and will end on the twentieth (20th) anniversary of such date. The Tenant shall have the option to extend the lease for a period of five (5) years, subject to re -appraisal of the rent amount by the City of Sebastian and with agreement by City Council. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of the underlying lease. 3. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be MONTHLY, as follows: (a) Pavment: The Airport is providing a 15,694 square foot hanger/manufacturing facility for Tenant. Base rent shall be based at the rate of Forty Eight thousand, Two hundred Sixty 115 of 166 Seven USD ($48,267.00) per year. It is understood that the agreed lease rate is contingent on approval by the City Council and the Florida Department of Transportation (FDOT). In addition, the parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In December 2021, the Landlord will compare the most recent price- index with the base price index for 2020, and the yearly rent amount shall be increased proportionally based upon changes in the price index or a flat rate of +2.0%, whichever is greater, on January 1, 2022. Another such adjustment shall be undertaken for January 1, 2023 and every year thereafter until the expiration date of the lease, including the option period if applicable. (b) Security Deposit: Upon lease inception, the Tenant will render an amount representing one -month rent, in addition to the regular rent, to serve as a Security Deposit. (c) Fuel Flowaqe Fee: Tenant will pay the City of Sebastian a fuel flowage fee per a separate agreement that is currently in force. (d) Time of the essence: The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (e) Default in rent: If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid 116 of 166 ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration: To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all un-matured rent installments presently due and payable. (2) Partial acceleration: In lieu of the option in sub -paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies: In addition to the options granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. However, failure by the Tenant to pay rent in a timely manner as required by the terms of this Agreement as a result of conditions beyond its control, such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or, sewers, shall not be deemed a breach of this Agreement. (f) Default in provisions: If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall 117 of 166 send to the Tenant a written notice of default, specifying the nature of th default and the Tenant shall, within thirty (30) days after the date of said notice cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law including but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (g) Taxes: In addition to the rental amount, the Tenant shall pay applicable City of Sebastain, State of Florida , County, and Federal taxes as applicable. (h) Installments: The above rental for the leased premises shall be payable in advance in monthly, installments, commencing on February 10, 2021 4. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's business. In order to utilize the leased premises for this purpose, it may be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 5 below, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such further improvements are approved, in writing, by the City of Sebastian, prior to commencement of any construction. The 118 of 166 Tenant covenants and agrees that all such construction shall be in accordance with the local, and state and federal codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) The Tenant shall indemnify, defend- and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair; ordinary wear and damage by the elements excluded. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non -fixtures personally owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and may be removed provided the Tenant is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. 119 of 166 5. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport, incorporated herein by reference. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of operating a base of operations for: a. Sales and marketinq of aircraft; b. Operation of a pilot traininq academy and individual fliqht instruction; c. Local siqhtseeinq flights; d. Part 135 Air Taxi; e. Mechanical repairs and aircraft Inspections f. Aircraft hangarage and storage g. Avionics sales and repairs h. Aircraft Upholstery repairs and refurbishments i. Pilot supplies shop Note: Open painting is NOT permitted inside or outside of the buildinq. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason at its sole discretion. All business activities must be certified and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation. 6. REPAIRS AND ALTERATIONS. Beyond the product warranties issued by material and building system providers, the Landlord shall not be obliqated to maintain or repair the leased premises 120 of 166 or anv improvements located thereon or anv part thereof during the lease term or any renewal thereof. The Tenant aqrees, at its sole cost and expense, to maintain all of the leased premises includinq landscape and grounds keepinq.. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 7. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, internet, or any other utility or service consumed in connection with the leased premises. Utility charges shall be charged by the appropriate agency to Tenant by separate meter(s). The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 8. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law and within the Guiding Documents for Sebastian 121 of 166 Municipal Airport, incorporated herein by reference, provided, however, the Landlord must approve any such siqns in writing prior to erection. The Landlord may impose any reasonable restrictions at its sole discretion as are deemed necessary. 9. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 10. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, and include the City of Sebastian as an additional insured, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage: $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable): $1,000,000 Combined Single Limit. (c) Liability: $1,000,000 Bodily Injury and Property Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability: minimum $100,000 for damage to any one (1) aircraft and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) -minimum of $400,000 Combined Single Limit. 122 of 166 (g) For Aircraft Fueling Operations - a Comprehensive Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. Service Providers having unescorted access to the Aircraft Operating Area (AOA) at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (i) Builder's Risk - during any Lessors construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall bethe responsibility of the service provider. Q) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in 123 of 166 this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. If lessor decides to add additional improvements the Lessee has no cost for such improvement. Increase in square footage would not impact rent) 11. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of personal business property casualty, fire and extended coverage insurance as it deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this and other Paragraphs contained in the Lease shall have the City of Sebastian as a named insured and contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that building damage and loss of property is caused by the Tenant's actions or negligence, the Tenant shall reimburse Landlord for the amount of any and all deductables or increases in insurance premiums as a result of the loss., Tenant shall make such reimburses to the Landlord within thirtv days of notice of the same. 12. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by 124 of 166 tenant's agents, employees, guests and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 13. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly, or indirectly, from out of, or by reason of, any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub - Tenants, agents, assigns, guests, invitees, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 14. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 5 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninetv (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 15. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninetv 125 of 166 (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 16. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 17. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit 126 of 166 of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirtv (30) days of the date it is initially recorded in the Public Records of Indian River County, Florida. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof; (1) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; (2) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (i) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts (a) through (h) above. Upon the happening of any "event of default", the Landlord may, at 127 of 166 its option, terminate this Lease and expel the Tenant without prejudice of any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days from the date notice is sent by the Landlord within which to remedy such default by paying all rent due. 18. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating, between the Landlord and the Tenant, the relationship of principal and agent, or of a partnership, or of a joint venture and the relationship between them shall be and remain only that of Landlord and Tenant. 19. NOTICES AND REPORTS. Any notice, report, statement, approval, consent, designation, demand or request to be given, and any option or election to be exercised by a party under the provisions of this Lease, shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord Tenant: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Fishe Flying Corp, DBA Pilot's Paradise, Inc. 128 of 166 Stephen Fisher, President 202 Airport Drive East Sebastian, FL 32958 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 20. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixtv (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. (d) No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 21. REMOVAL OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender possession of the premises and all facilities thereon. Upon approval of the City, the Tenant may remove said personal property, excluding improvements. Any damage to the building caused during the removal of personal property shall 129 of 166 be repaired by the Tenant. Any personal property not removed within thirty (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 22. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 23. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the 130 of 166 Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 24. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 25. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder 131 of 166 without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 26. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 27. APPLICABLE VENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SO TRIABLE. 28. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 29. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 30. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear 132 of 166 interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. 133 of 166 The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan, incorporated herein by reference, and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. FISHE FLYING CORP d/b/a PILOT'S PARADISE, INC Stephen Fisher PRESIDENT ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality THE CITY OF SEBASTIAN MUNICIPAL AIRPORT DEPARTMENT Scott Baker AIRPORT DIRECTOR for reliance by the City of Sebastian only: Manny Anon, Jr. CITY ATTORNEY Paul E. Carlisle CITY MANAGER 134 of 166 Schedule "A" Lease Agreement between the City Of Sebastian and Fishe Flying Corp, DBA Pilot's Paradise, Inc Concerning Hanger and Business Operations in Hangar "C" The City Of Sebastian shall lease to Fishe Flying Corp, DBA Pilot's Paradise, Inc a 15,694 square foot multipurpose hanger/manufacturing/office facility located at 214 Airport Drive East, Sebastian, FL 32958 on the Sebastian Municipal Airport hereafter referred to as "Hangar `C"'. Tenant managers and employees are required to have an Airport ID Badge. Business parking shall be in parking spaces identified as belonging to Hangar `C' only. Inasmuch as there are no aircraft tie -down spots associated with Hangar `C', all aircraft under control of the Tenant shall be placed inside the hangar at night or in the Tenant controlled tie down area in the east Transient Parking area. The City Of Sebastian retains ownership of the hanger facility throughout the term of the lease. The lease rate shall be at a rate as described in Section 3 of the lease agreement. Tenant will hold harmless the City Of Sebastian, and the Sebastian Municipal Airport, its employees, agents, invitees, guests, or assigns, of any claim or liability relating to Tenant's operations. l0L11 135 of 166 CRUISER AIRCRAFT City of Sebastian Sebastian City Hall 1225 Main Street Sebastian, FL 32958 Attn: Mr. Paul Carlisle CC: Mr. Scott Baker January 13, 2021 RE: Request to Mutually Terminate Lease Agreement — Hangar C Lease Dear Mr. Carlisle, Pursuant to discussions between the City of Sebastian and Cruiser Aircraft Inc, I would hereby like to request to mutually terminate the Hangar C Lease Agreement, entered into between the City and Cruiser Aircraft. If the City requires any further information from Cruiser Aircraft in this regard, please do not hesitate to contact me. Kind regards, L�SKOTEREC CEO Cruiser Aircraft, Inc. www.cruiseraircraftusa.com +1 (772) 918-8242 info@cruisera�sr�ftS�&a TT CRCT SEE70 N HOME OF PELICAN IRAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February 10, 2021 AGENDA ITEM TITLE: Resolution Accepting the 4tn Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2019-2020 Annual Budget. RECOMMENDATION: Move to approve Resolution R-21-02. 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 adjustments using the General Fund Reserves for mechanical vegetation clearing, adding CARES Act funding to the CDBG Grant Program and to approve the costs of the Recall Vote. There are several adjustments needing formal approval. Three are for the using the General Fund R&R Reserve for the emergency replacement of a vehicle and air conditioner replacements and one that used the Airport Contingency Account for an air conditioner replacement. No further adjustments during the quarter are requiring City Council approval. 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 set up expenditure accounts for grants, donations and a reimbursement from the insurance company, as well as adjustments to cover the quarterly incentive payments and adjustments just shifting funds within the same department. All the above adjustments are listed in Exhibit "A" that is an attachment to the Resolution. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: As per Exhibit "A" of the Resolution Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments 1. Resolution R-21-02 and Attachment "A" 2. 4" Quarter Financial Report, including Capital Project Status, Investments/Loans and Accomplishments Administrative Services Departrpafit Revie City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization Date: 7 1 /- /,Z/ 137 of 166 RESOLUTION NO. R-21-02 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA APPROVING AN AMENDMENT AND RECOGNIZING CERTAIN 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 September 30, 2020 indicated that there were budget adjustments requiring formal approval by the City Council and that previously approved amendments and adjustments by the City Manager should be recognized; and WHEREAS, the City Council and City Manager have previously approved any other necessary amendments and adjustments in accordance with the Annual Budget Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2019 and ending September 30, 2020 has been amended and adjusted as necessary within the quarter ending September 30, 2020; 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 and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Jim Hill Councilmember Bob McPartlan Councilmember Fred Jones _ Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 10"' day of February 2021. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Ed Dodd Approved as to form and legality for the reliance by the City of Sebastian only: Jeanette Williams, MMC Manny Anon City Clerk City Attorney 138 of 166 EXHIBIT "A" OF RESOLUTION R-21-02 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED SEPTEMBER 30, 2020 ADJUSTMENTS PREVIOUSLY APPROVED BY CITY COUNCIL: Budget Before Budget Budget After ProjectlAccount - Change Adjustment Change Reason for Adjustment PestNVeed Control $30,000 $25,782 $55,782 7/08/20 Approved mechanical vegetation R & M - Operating Equipment -------------------------------------------------------------------- $160,000 ($25,782) $134,218 clearing of aquatic and wetland areas. --------------------------------- Contractual Services $73,674 $74,778 $148,452 ------------- 7/22/20 Approved CARES Act funding to be Sidewalks $50,000 0 $50,000 added to the CDBG Grant Program and CDBG Grant ---------------------------------- ($123,674) -- --------- ($74,778 - ----- ($198,452) -- - ------------------------------------------------ amended the Annual Action Plan. Election Expense $40,114 $41,604 $81,718 11/18/20 Approved payment to the Appropriation from General Reserves ($160,711) ($41,604) ($202,315) Supervisor of Elections for Recall Vote. ..] ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment Appropriation from R&R Account ($112,385) ($7,968) ($120,353) Used General Fund R&R Reserve to Vehicles & Equipment ------------------------------------------------------------------------------------------------------------------------------------------ $42,665 $7,968 $50,633 replace Community Center Air Conditioner. Appropriation from R&R Account ($120,353) ($45,805) ($166,158) Used General Fund R&R Reserve for the Vehicles & Equipment $32,413 $45,805 $78,218 emergency replacement of a vehicle in the Police Detective Division. Vehicles & Equipment $26,121 $4,964 $31,085 Used Airport Contingency for replacement Contingency -------------------------------------------------------------------------------------------- $123,318 ($4,964) $118,354 of an Administration Building air conditioner. R & M - Buildings $75,689 $11,827 $87,516 Used General Fund R&R Reserve to Appropriation from R&R Account ($166,158) ($11,827) ($177,985) replace an evaporator coil for Police A/C. ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment 'Greer - Trust Account Balance ---- ---- ---------- ----- --------- 0 $36,368 -------------------_Adjustment $36,368 to establish account for past Appropriation from General ($202,315 ) ($36,368) ($238,583) accumulation of Greer Trust donations. Reserves - ------------------------------------------------------------------------------------------------------------------------------- Greer- Vehicles & Equipment 0 $9,500 $9,500 Adjustment to replace a Police K-9 from Greer- Designated Expenditures $8,000 ($7,600) $400 current and past contributions from the Greer - Trust Account Balances $36,368 ($1,900) ----------- $34,368 Greer Trust to the Police Department. Regular Salaries Account -------- ---------- $393,800 $400 - - ------------------------------------------------I $394,200 Adjustment between accounts to cover the I Overtime ----------------------------------------------------------------------------------------------------------------------------- $10,000 ($400) $9,600 3'6 Quarter one time incentive awards. II Various Accounts $98,613 $11,950 $110,563 Adjustment to increase Police Department JAG Grant Revenue ($3,334) ($11,950) ($15 284 ) accounts for spending the JAG Grant funds. Vehicles &Equipment $50,633 $3,861 $54,494 Adjustment to cover replacement of an air i R & M - Buildings g $ 79,500 ($ ------ $7 ----- conditioner unit at the City Garage. Y g Equipment Leases $500 $9,800 $10,300 Adjustment to rent equipment for wort; on R & M - Operating Equipment $134,218 ($9,800) $124,418 ditches while Excavator was out of service. - - - - - - ----------------- R & M - Lighting -- - ---------- $6,200 - --------- $2,000 - ------------------------------------------ $8,200 ------ Adjustment to repair Airport glide path Fencing ----------------------------------------- $3,159 ---------- ($2,000) - ----------- $1,159 ---- -----------------------------------------••------ landing lights. Equipment Leases $10,300 $9,688 $19.988 Additional adjustment to rent equipment for Various Accounts ----- ------------------------------------------------------------------------- $130,410 ($9,688) $120,730 work on ditches. ImproJ arn� rt,• UtherThan Buildings $20,000 $2,499 $22,499 increased Batting Cages Project for the Contributions & Donations 0 ($2,499) ($2,499) Sebastian RiverArea Little League donation. ----------------------------------------------------------------------------------------------------------------------------------•---- Regular Salaries Accounts $923,970 $950 $924,920 Covers 4`" Quarter one time incentive Additional Compensation -------------------------------- $1,450 ---------------------------------------------------------------------------------------------- ($950) $500 awards, as needed. ($5,700 in Total). Claims $28,964 $13,442 $42,406 Records Insurance Company payment for Insurance Proceeds ($53,653 ($13,442) ($67,095) August lightning damage to City property. 139 of 166 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT FOURTH QUARTER ENDING SEPTEMBER 30, 2020 SUMMARY THE FOURTH QUARTER FOR GENERAL FUND ENDED WITH ENDING RESERVES WERE $5,703,001 BUT AFTER DEDUCTING 94.4% OF THE TOTAL BUDGETED REVENUES RECEIVED. $283,742 FOR INVENTORIES, PREPAYMENTS 8 RESTRICTED DEPARTMENTS SPENT 95.2% OF THE BUDGETED AMOUNTS. LAW ENFORCEMENT ACCOUNTS, UNASSIGNED RESERVES WERE $5,419,259. THIS WAS ABOVE THE AMOUNT PROJECTED GENERAL FUND SUMMARY WHEN WE BEGAN 2020 AND ABOVE THE $5,000,000 MINIMUM BALANCE WE INTEND TO MAINTAIN FOR DECLARED NATURAL Budget YTD % DISASTERS. HOWEVER IT IS $183,993 LESS THAN PROJECTED Beginning Balance $ $ 6,199,061 WITH THE 2021 BUDGET PROJECTIONS. Ad Valorem Taxes 3,951,497 3,867,257 97.9%0 Franchise Fees 1,401.716 1,316,849 93.9% GENERAL FUND BALANCE FORECAST Utility Taxes 3,017,973 2,940,406 97.4% Hurricane Recoveries 143,666 48,809 34.0% Fund Balance Ill Beginning Reserves 10101119 5,924,061 _ Account 275,000 Intergovernmental 3,182,801 2,964,913 93.2% $ Charges for Service 698,866 663,702 95 0% Year to Date Revenue 12,391,392 Fund Balancell Changes to Date: g Licenses and Other 726,159 589,456 81 2°/° Unfinished Projects (85,264) Total Revenues $ 13,122,678 $ 12,391,392 94.4% Failed MIS Equipment (912) From Fund Balance 416,568 - 0.0°/° Replace Lightning Protection (12,000) Total Sources $ 13.539,246 $ 12,391,392 91.5% Replace Splash Pad Pump (10,505) City Council 63,080 46,702 74.0% Replace Parks Mower (36,580) City Manager 276,527 269,335 97.4% Hire Annexation Attorney (34,412) City Clerk 271,465 264,887 97.6% Hired Full-time City Attorney (41,035) City Attorney 181,738 167,044 91.9% Complete Sign Compliance (1,530) Admin Services 696,417 674,673 96.9% Replace Security Trailer A/C (4,691) MIS Division 539,572 511,750 94.8%o Replace MIS A/C (27,160) Police Department 6,722,543 6,415,953 95.4% Replace Grooming Machine (19,007) Roads and Drainage 991,900 963,173 97.1% Replace Community Center A/C (7,968) Public Facilities 988,513 948,168 95.9% Replace Detective Vehicle (45,805) Leisure Services 1,213,427 1,110,021 91.5% Repair PD Air Conditioner (11,827) Set up Greer Account (36,268) Community Dev. 590,024 539,290 91.4% Special Recall Election Cost (41,604) Non -Departmental 1,004,040 976,456 97.3% Year to Date Uses $ (238,583) $ (177,985) Total Uses $ 13.539,246 $ 12,887,452 95.2%, Other Expenditures (12,470,884) Ending Unappropriated Fund Balance $ 5,703,001 Current Reserves $ 5,605,986 $ 97,015 Expected Changes to Year End: Additional Revenues - - General Fund Revenue Additional Expenditures - - Ending Reserves $ 5,605,986 $ 97,015 4,000 C4di-d9,dget ■rearic0nm Adjust ito $275,000 (177,985) 177,986 3.500 j Adjusted Reserves $ 5,428,001 $ 275,000 3,00p Assigned Funds (283,742) - zspo o iopo � Net Unassi ned Reserves $ 5,144,259 $ 9 275,000 w isw Total Unassigned Reserves $ 5,419,259 5pp Projected in 2020 Budget $ 5,046,649 E B �a� � $143,666 ON HURRICANE MATTHEW REMAINS UNPAID. WE k� ���g 1110� elo5 s` HAVE RECEIVED FULL REIMBURSEMENTS ON BOTH HURRICANES IRMA AND DORIAN. $2,250 Hurricane Reimbursements -- $2,000 $143,666 More Duct General Fund Expenditures 5,000 dusted Wdgei myea, io pa,e $1,500 c Eligible ■ Received m 5,000 $1,250 t m 4,000 N = $1,000 j $Soo t 1.00p ® � ,W1 0 ® ® $zso t cfl\ t L\dV �9'� �¢5 0\ry 5� 10�1�,l "J6 \��S 0 �J. �V, �$_ t 0`4G�tlH4� G\n� ��ir M\5�\0`�scAO0, y��F� a5 �,F`firy AeG" _ Matthew Irma Qoria_n TOtd15 e° p� 1.10 P� Eligible $1,581,745 $547,325 $34,104 $2,163,174 ■ Received, $1,438,079 $547,325 $34,104 $2,019,508 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT FOURTH QUARTER ENDING SEPTEMBER 30, 2020 SUMMARY STORMWATER FEES WERE 97.8% COLLECTED AND GOLF COURSE BALANCES ARE AFFECTED BY LOANS FROM OPERATING EXPENDITURES WERE 82.0% OF BUDGET. $215K THE GENERAL FUND AND BUILDING FUND THAT WERE AS MATCHING FUNDS FOR THE PLANNED STONECROP COMMITTED FOR IRRIGATION/CLUBHOUSE WORK. ENDING DRAINAGE GRANT WERE NOT MADE. NET AVAILABLE FUNDS RESOURCES ARE NOT QUITE AS GOOD AS (PROJECTED ARE ABOVE AMOUNTS PROJECTED WITH THE 2020 BUDGET WHEN THE 2020 BUDGET PROJECTIONS WERE MADE BUT BUT ARE $45K BELOW 2021 PROJECTIONS. CLOSE TO THE 2021 PROJECTIONS. STORMWATER FUND SUMMARY Budget YTD Beginning Fund Balance $ 799,532 $ 889,713 Stormwater Fees 1,940,000 1,912,151 Sale of Fixed Assets 37,800 38,250 Interest 36,083 19,029 Total Revenues $ 2,013,883 $ 1,969,430 Total Sources $ 2,813,415 $ 2,859,143 Operating Expenditures 1,546,502 1,267,438 Capital Outlay 186,945 186,937 Contingency 5,436 - Transfer to Capital Projects 275,000 29,019 Total Uses $ 2,013,883 $ 1,483,394 Ending Fund Balance $ 799,532 $ 1,375,749 Expected Change to Year End: Additional Revenues Additional Expenditures Additional Capital Outlay Transfers to Capital Projects 9130120 Net Available Funds $ 1,375,749 Projected in 2020 Budget $ 804,968 98 6% n/a 52 7% 97.8% 101,6% 82.0%° 100.0% 0.0% 10.6% 73.7% REVENUES AND EXPENSES FOR THE AIRPORT DO NOT NORMALLY INCLUDE GRANT ACTIVITY HANDLED IN THE AIRPORT CONSTRUCTION FUND BUT A GRANT WAS GIVEN THIS YEAR FOR OPERATIONS. ENDING RESOURCES WERE MORE THAN 2020 AND 2021 PROJECTIONS. AIRPORT FUND SUMMARY Budget YTD Beginning Resources $ $ (143,566) Rents 483,973 473.573 Grant - 30,000 Investment Income - 2,939 Misce€ianeous 85,710 82,161 Total Revenues 569,683 588,673 Transfer from General Fund 4,691 4,691 Total Sources $ 574,374 $ 449,798 Operating Expenses 343,135 339,532 General Fund Advance 25,000 25,000 DST Fund Loans 30,500 30,500 Capital Outlay 52.421 39,554 Contingency 123.318 - Total Uses $ 574,374 $ 434,586 Total Ending Resources $ 10,5211 Expected Change to Year End: Additional Revenues Addditional Uses - 9130120 Ending Resources $ 10,521 Projected in 2020 Budget $ 5,626 Beginning Resources Charges for Service Rent Miscellaneous Total Revenues Pro Shop Sales Pro Shop Purchases Sales vs. Cost of Sales Total Sources Operating Expenses Can Loan Payments Total Operating Expense General Fund Payment Building Fund Payment TDtal Uses Total Ending Resources Expected Change to Year End: Additional Sources Additional Uses 9130120 Ending Resources Projected in 2020 Budget GOLF FUND SUMMARY Budget $ 1,371,368 30,000 9,460 1,410,828 100,000 (70,000) 30,000 1,440,828 $ 1,346,070 $ 56,391 1,402,461 38,367 $ 1,440,828 $ $ $ $ $ YTD (672,196) 1,264,795 30,001 10,939 1,305,735 101,711 (79,444) 22,267 1,328,002 1,242,940 51,691 1.294,631 38,367 1,332,998 (677,192) (677,192) (625,944) 92.2% 100.0% 115.6% 92.6%u 101.7% 113.5% 74.2% 92.2% 92.3% 91.7% 92.3% n1a 100.0% 92.5% BUILDING FUND ENDING RESOURCES REMAIN( AT GOOD LEVELS, THEY ARE ABOVE THE 2020 BUDGET PROJECTIONS AND THE 2021 BUDGET PROJECTIONS. BUILDING FUND SUMMARY 97.9% Budget YTD n/a Beginning Resources $ 5 573,806 n1a Licenses and Permits 770,500 911,334 95.9% Charges for Service 12,200 18,095 103.3% Fines and Forfeits 6,500 6,298 100.0% Miscellaneous 13,770 9,550 Golf Fund Loan Payments 38,367 38,3137 98.9% Total Sources 841,337 983,644 a ° Operating Expenses 812,343 742,958 100.00/0 Capital Outlay 22,573 - 75.5% Contingency 6,421 - 0.0% Total Uses $ 841,337 $ 742,958 75.7% Total Ending Resources $ 814,492 Expected Change to Year End: Additional Revenues Additional Uses 9130120 Ending Resources $ 814,492 Projected in 2020 Budget $ 518,466 141 of 166 118.3% 148.3% 96.9% 69.4% 100.0% 116.9% 91.5% 0.0% n1a 88.3% CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 09/30/20 2016/2017 2017/2018 2018/2019 2019/2020 2019/2020 2019/2020 4TH QTR 4TH QTR 4TH QTR 4TH QTR Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget GENERALFUND TAXES -7,785,255.29 -7,911,624.45 -8,167,746.70 -8,124,514.21 -8,371,186.00 97.05% LICENSES & PERMITS -135,899.23 -165,922.29 -146,912.15 -150,239.71 -162,200,00 92.63% INTERGVT'L REVENUE -2,807,990,42 -4,388,227.62 -3,613,868.30 -3,013,721.45 -3,326,467.00 90.60% CHARGES FOR SERVICE -312,759.64 -391,053.96 -548,099.92 -663,701.96 -698,866,00 94,97% FINES AND FORFEITS -70,411.10 -47,701.30 -50,996.50 -53,164.10 -39,800.00 133.58% MISC. REVENUE -313,043.23 -397,460.50 -421,667.23 -386,060.59 -499,159,00 77.34% TRANSFERS IN -663,569,00 -704,63&00 -23,928.00 0.00 -25,000.00 0.00% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -416,568.00 0.00% GENERAL FUND REVENUE -12,088,927.91 -14,006,628.12 -12,973,118.80 -12,391,402.02 -13,539,246.00 91.52% CITY COUNCIL 53,750.96 53,664.05 52,258.79 46,701.88 63,080,00 74,04% CITY MANAGER 267,924.98 425,855.85 336,677.28 269,335.02 276,527.00 97.40% CITY CLERK 190,697.73 207,259.74 205,292.18 264,886.75 271,465,00 97.58% LEGAL 68,346A4 100,267.05 105,408,63 167,044.31 181,738.00 91.91% ADMINISTRATIVE SERVICES 571,114.89 650,704.98 672,001.27 674,672.52 696,417.00 96,88% M.I.S. DIVISION 165,193.25 385,022.17 464,728.90 511,749.95 539,572.00 94.84% AUDIO VISUAL 107,121.26 0.00 0.00 0.00 0.00 0.00% POLICE ADMINISTRATION 1,004,482.37 1,075,873.53 1,052,404.35 1,263,875.48 1,340,192.00 94.31% POLICE PATROL 2,672,538.64 3,045,450,52 3,412,730.43 3,308,390.76 3,433,858.00 96.35% CODE ENFORCEMENT DIVISION 164,703.95 178,586.79 184,410.44 184,218.93 191,648.00 96.12% POLICE INVESTIGATIONS 714,487.58 754,632.44 818,246,50 1,076,622.17 1,103,152.00 97.60% POLICE COMMUNICATIONS 611,029.16 599,062.56 622,038.21 582,845.07 653,693.00 89.16% ENGINEERING 604,499.51 24.29 0.00 0.00 0.00 0.00% ROADS AND DRAINAGE 468,720.45 808,405.84 887,151.31 963,173.47 991,900.00 97.10% STORMWATER UTILITY DIVISION 721,845.61 1,120,251.68 0.00 0.00 0.00 0.00% CENTRAL GARAGE 214,205.66 218,848.44 232,277,74 202,251.12 212,349.00 95.24% FACILITIES MAINTENANCE 428,900,99 489,484.05 398,279.84 568,180.67 596,488.00 95.25% PARKS/RECREATION 936,339.77 879,505.77 1,145,017.29 1,110,021.03 1,213,427.00 91.48% CEMETERY 166,376,04 186,128.00 178,032.88 177,736.25 179,676.00 98.92% COMMUNITY DEVELOPMENT 214,587.49 395,540.44 366,205.40 539,289.97 590,024.00 91.40% NON -DEPARTMENTAL 1,492,113.12 1,564,956.31 1,014,277.26 976,464.26 1,004,G40.00 97.25% GENERAL FUND EXPENDITURES 11,828,979.85 13,139,524.50 12,147,438.70 12,887,459.61 13,539,246.00 95.19% 142 of 166 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 09/30/20 2016/2017 2017/2018 2018/2019 2019/2020 2019/2020 2019/2020 4TH QTR 4TH QTR 4TH QTR 4TH QTR Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET Of Budget LOCAL OPTION GAS TAX TAXES -674,778.08 -715,310.85 -711,023.38 -686,490.82 -736,320.00 93.23% INTERGVT'L REVENUE -12,532.00 -12,908m -13,294.89 -13,693.92 -13,694.00 100.00% MISC. REVENUE -941.47 -6,685.86 -8,901.60 -1,990.74 -5,347.00 37,23% TRANSFERS IN -200,000,00 0.00 0.00 0.00 0.00 0.00% FROM FUND BALANCES 0,00 0.00 0.00 0.00 -333,464.00 0.00% LOGT FUND REVENUE -888,257.55 -734,904.71 -733,219.87 -702,175.48 -1,088,825.00 64.49% OPERATING EXPENSES 120,927.57 25,756.26 80,205.11 5,400.00 5,400.00 100.00% CAPITAL OUTLAY 14,267.50 27,570.45 0.00 105,554.31 1D6,000.00 99.59% DEBTSERVICE 242,635.30 242,444.90 243,186.60 243,886.27 243,802.00 100.03% TRANSFERS OUT 663,423.25 96,793.31 424,060.55 498,043,40 544,624.00 91,45% TO FUND BALANCES 0.00 0.00 0.DO 0.00 188,999.00 D.00% LOGT EXPENDITURES 1,041,153.62 392,564.92 747,452.26 852,883.98 11088,825.00 78.33% DISCRETIONARY SALES TAX TAXES -3,207,904.68 -3,417,585.77 -3,524,824.94 -3,469,567.86 -3,659,032.00 94.82% MISC. REVENUE -15,463.05 -56,845.00 -115,751.59 -68,126.12 -73,272.00 92.98% FROM FUND BALANCES 0.00 D.00 0.00 0.00 -4,998,068.00 0.005/. DST FUND REVENUE -3,223,367.73 -3,474,430.77 -3,640,576.53 -3,537,693.98 -8,730,372.00 40.52% OPERATING EXPENSES 3,750.00 0.00 9,675,00 15,486.74 21,275.00 72.79% TRANSFERS OUT 3,309,345.77 2,563,710.52 1,600,870.70 2,321,748.31 8,709,097.00 26.66% TO FUND BALANCES 0.00 0.00 0,00 0.00 0.00 0.00% DST FUND EXPENDITURES 3,313,095.77 2,563,710.52 1,610,545.70 2,337,235.05 8,730,372.00 26.77% RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -41,757.59 -46,615.21 -53,101.43 -41,082.01 -54,750.00 75.04% TRANSFERS IN -342,240.96 -366,531.86 -404,673,34 -403,239.68 -397,816.DC 101.36% FROM FUND BALANCES 0.00 D.00 0.00 0.00 -198,458.DO 0.00% RRD REVENUE -383,998.55 -413,147.07 -457,774.77 -444,321.69 -651,024.DO 68.25% OPERATING EXPENSES 71,807.59 205,798.68 396,239.01 286,994.16 332,905,00 86.18% CAPITAL OUTLAY 0.00 0.00 0.00 0,00 3,077.00 0.00% GRANTS AND AIDS 0.00 34,676.03 0.00 15,000.DO 70,000.00 21.43% TRANSFERS OUT 229,495.57 289,494.90 111,244.75 37,871.50 245,042,00 15.46% TO FUND BALANCES 0.00 0.00 0,00 0.00 0.00 0.00% RRD EXPENDITURES 301,303.16 529,969.61 507,483,76 339,765.66 651,024.00 52.19% PARKING IN LIEU OF FUND MISC. REVENUE -25,413.57 -14,704.70 -1,393.58 -3,687,38 -1,342,00 274,77% FROM FUND BALANCES 0.00 0.00 0.00 0.00 0.00 0.00% PARKING IN LIEU OF REVENUE -25,413.57 -14,704.70 -1,393.58 -3,687.38 -11342.00 274.77% OPERATING EXPENSES 0.00 0.00 0.00 0.00 0.00 O.DO% CAPITAL OUTLAY 44,703.00 0.00 0.00 0,00 0,00 0.00% TRANSFERS OUT 13,792.00 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 OF EXPENDITURES 58,495.00 0.00 0.00 0.00 1,342.00 0.00% 143 of 166 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 09/30/20 2016/2017 2017/2018 2018/2019 2019/2020 2019/2020 201.9/2020 4TH QTR 4TH QTR 4TH QTR 4TH QTR Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget RECREATION IMPACT FEE FUND MISC. REVENUE -111,587.38 -153,601.46 -143,801.03 -147,023.00 -146,184.00 100.S7% FROM FUND BALANCES 0.00 0,00 0.00 0.00 -416,681.00 0.00% REC. IMPACT FEE REVENUE -111,587.39 -153,601.46 -143,801.03 -147,023.00 -622,865.00 23.60% OPERATING EXPENSES 14,774.00 0.00 0.00 0.00 0.00 0.00% CAPITAL OUTLAY O.DO 0.00 0.00 0.00 0.00 0.00% TRANSFERS OUT 46,454.64 455,784.05 299,688.83 480,159.67 622,865.00 77.09% TO FUND BALANCE 0.00 0,00 0.00 0.00 0.00 0.00% REC. IMPACT FEE EXPENDITURES 61,228.64 455,784.05 299,688.83 480,159.67 622,865.00 77.09% STORMWATER UTILITY FUND MISC. REVENUE -1,002,136.12 -1,014,980.39 -2,076,431.59 -1,969,427.99 -2,013,883.00 97.79% TRANSFERS IN -100,000.00 0.00 0.00 0.00 0.00 0.00% FROM FUND BALANCES 0.00 0.00 0.00 0,00 0,00 0.00% STORMWATER REVENUE -1,102,136.12 -1,014,980.38 -2,076,431.58 -1,969,427.99 -2,013,883.00 97.79% PERSONAL SERVICES 0.00 0.00 848,907.51 654,104,93 735,344,00 88.95% OPERATING EXPENSES 12,015AS 231,119.90 536,317.47 613,330.42 811,158.00 75.61% CAPITAL OUTLAY 0.DO 0.00 18,198.16 186,937.35 186,945.00 100.00% TRANSFERS OUT 1,198,073.88 700,000.00 133,758.75 29,019.02 275,000.00 10.SS% TO FUND BALANCE 0.00 0.00 0.00 0,00 5,436,00 0.00% STORMWATER EXPENDITURES 1,210,089.03 931,119.90 1,537,181.89 1,483,391.72 2,013,883.00 73.66% LAW ENFORCE FORFEITURE FUND INTERGOVERNMENTAL REVENUE O.DO 0.00 -11,780,00 0.00 0.00 0.00% FINES AND FORFEITS -26,431,00 -550,00 -150.00 -133.33 -1,000.00 13.33% MISC. REVENUE -2,100.00 -854.41 -2,494.33 -1,664,82 -250,00 665.93% FORFEITURES FUND REVENUES -28,531.00 -1,404.41 -14,424.33 -1,798.15 -1,250.00 143,85% OPERATING EXPENSES 2,475.61 5,007,03 2,566.04 5,072.35 0.00 0.0091 CAPITAL OUTLAY 10,523.50 0.00 16,425,00 0,00 O.OD 0.0096 GRANTS AND AIDS 3,000.00 1,500,00 2,500.00 1,000.00 0.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,250,00 0.005/. FORFEITURE FUND EXPENDITURES 15,999.11 6,507.03 21,491.04 6,072.35 1,250.00 485.79% DST DEBT SERVICE FUND MISC. REVENUE 336.69 0,00 0.00 0.00 0.00 0.00% TRANSFERS IN -354,853.76 0.00 0.00 0.00 0.00 0.00% FROM FUND BALANCES 0.00 0.OD 0.00 0.00 0.00 0.00% DST DEBT SERVICE REVENUE -354,517.07 0.00 0.00 0.00 0.00 0.00% OPERATING EXPENSES 0.00 0.00 0.00 0.00 0.06 0.00% DEBT SERVICE 354,517.90 0.00 0.00 0.00 0.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0,00 0.00 0.00% DST DEBT SERVICE EXPENDITURES 354,517.90 0,00 0.00 0.00 0.00 0.00% STORMWATER DEBT SERVICE FUND MISC. REVENUE -1,316.08 -3,771.12 -5,464,46 -2,165.28 -3,500.00 61.87% TRANSFERS IN -402,963.00 -403,792.00 -402,914.00 -401,355.D0 -401,355.00 100.0051. FROM FUND BALANCES 0.00 0.00 0,00 0.00 0.00 0.001% STORMWATER DEBT REVENUE -404,279.08 -407,563.12 -408,379.46 -403,520.28 -404,855.00 99.67% DEBT SERVICE 402,357.50 404,077.60 403,659.30 402,137.20 402,138.00 100.004'o TO FUND BALANCES 0.00 0.00 OAO 0.00 7,717.00 0.00% STORMWATER DEBT EXPENDITURES 402,357.50 404,077.60 403,659.30 402,137.20 404,855.00 99.33% 144 of 166 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 09/30/20 2016/2017 2017/2018 2018/2019 2019/2020 2019/2020 20191,2020 4TH QTR 4TH QTR 4TH QTR 4TH QTR Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget GOLF COURSE FUND INTERGOVERNMENTAL REVENUE 0.00 0.00 0.00 0.00 0.00 0.00% CHARGES FOR SERVICE -985,744.12 -1,169,526.97 -1,300,490.26 -1,406,118.83 -1,331,368,00 105,61% MISC. REVENUE -150,950.99 -72,919.30 -41,466.32 -41,768.49 -39,460.00 105,85% TRANSFERS IN -353,530.96 -11,320.00 0.00 0.00 0.00 0.00% GOLF COURSE FUND REVENUE -1,490,226.07 -1,253,766.27 -1,341,956.58 -1,447,887.32 -1,370,828.00 105.62% PERSONAL SERVICES 272,220.92 258,594.37 276,152.02 280,309.55 294,675.00 95.12% OPERATING EXPENSES 316,759.18 326,075.42 310,401.51 293,092.16 298,440,00 98.21% CA P ITA L 0 UT LAY -371,194.12 303,920.42 10,892.03 0.00 0.00 0.00% TRANSFERS OUT 39,361.70 31,744.00 38,368.00 38,367.00 38,367,00 100.00% ADMINISTRATION 257,147.68 920,334.21 635,813.56 611,768,71 631,482.00 96.88% OPERATING EXPENSES 572,528.73 578,142.63 566,101.47 579,657.81 580,948.00 99.78% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% MAINTENANCE 572,528.73 578,142.63 566,101.47 579,657.81 580,948.00 99.78% PERSONAL SERVICES 85,335.97 89,401.02 91,581.61 99,040.89 96,347.00 102.80% OPERATING EXPENSES 4,680.85 987.10 1,365.07 1,108.35 1,944.00 57.01% CAPITAL OUTLAY 313,151.89 0.00 0.00 3,715.75 3,716.00 99.99% DEBTSERVICE 106,660.67 56,390.40 56,390.60 56,390.40 56,391.00 100.00% GOLF COURSE CARTS 509,829.38 146,778.52 149,337.28 160,255.39 158,398.00 101.171% GOLF COURSE FUND EXPENSE 1,339,505.79 1,645,255.36 1,351,252.31 1,351,681.91 1,370,828.00 98.60% AIRPORT INTERGOVERNMENTAL REVENUE 0.00 0.00 0,00 -30,000.00 0.00 0.00% CHARGES FOR SERVICE -18,302.18 -21,270,12 -3,332.79 0.00 0.00 0.00% MISC. REVENUE -427,682.16 -476,746.54 -567,491.27 -558,675.25 -569,683.00 98.07% TRANSFERS IN -82,967.44 0.00 0.00 -4,691.00 -4,691.00 100.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 0.00 0.00% AIRPORT REVENUE -528,951.78 -498,016.66 -570,814.06 -593,366.25 -574,374.00 103.31% PERSONAL SERVICES 216,083.96 141,470.78 122,345.87 70,759.66 73,409.00 96.39% OPERATING EXPENSES 181,441.99 204,987.89 270,275.98 256,031.73 275,926.00 92.79% CAPITAL OUTLAY 0.00 0.00 45,750.85 50,070.10 51,185.00 97.82% DEBTSERVICE 0,00 19,452.10 21,823.63 21,476.57 30,500.00 70.41% TRANSFERS OUT 10,000,00 0.00 63,321.20 0.00 25,000.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 118,354.00 0.00% ADMINISTRATION 407,525.95 365,910.77 523,517.53 398,338.06 574,374.00 69.35% ECONOMIC DEVELOPMENT 0,00 0.00 0.00 0.00 0.00 0.00% AIRPORT EXPENSE 407,525.95 365,910.77 523,517.53 398,338.06 574,374.00 69.35% BUILDING FUND LICENSES & PERMITS -724,375.39 -890,339.36 -841,623.60 -911,333.84 -770,500.00 118,28% CHARGES FOR SERVICE -11,322.28 -13,928.68 -13,193.39 -18,094.32 -12,200.00 148.31% FINES AND FORFEITS -4,866.00 -5,011.00 -7,833.50 -6,298.00 -6,500.00 96.89% MISC. REVENUE -15,886.67 -30,507.64 -16,545.67 -9,552.53 -13,770.00 69,37% TRANSFERS IN -29,544.00 -31,744.00 -38,367.0C -38,368.00 -38,367.00 100.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 0.00 0.00% BUILDING REVENUES -786,994.34 -971,530.68 -917,563.16 -983,646.69 -941,337.00 116.91% PERSONAL SERVICES 454,375.22 531,662.91 593,832.74 607,068.93 656,691.00 92.44% OPERATING EXPENSES 117,477.45 104,038.10 100,860.97 135,889.24 151,444.00 89.73% CAPITAL OUTLAY 0.00 18,107.89 0.00 3,952.48 26,781.00 14.761Y, TRANSFERS OUT 323,317.98 0.00 0.00 0.00 0.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 6,421.00 0.005/. BUILDING EXPENSE 895,170.65 653,808.90 694,693.71 746,910.65 841,337.00 88.78% 145 of 166 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 09/30/20 2016/2017 2017/2018 2018/2019 2019/2020 2019/2020 2019/2020 4TH Qtr 4TH Qtr 4TH Qtr 4TH Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget CITY COUNCIL PERSONAL SERVICES 22,729.31 22,727,75 22,735.77 22,728.40 22,738.00 99,96% OPERATING EXPENSES 31,021.65 30,936.30 29,523.02 23,973.48 40,342.00 59.43% TOTALS 53,750.96 53,664.05 52,258.79 46,701.88 63,080.00 74.04% CITY MANAGER PERSONAL SERVICES 261,054.74 386,538.71 325,131.33 258,604.96 260,782.00 99,17% OPERATING EXPENSES 6,870,24 39,317.14 11,545.95 10,730.06 15,745.00 68,15% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% TOTALS 267,924.98 425,855.85 336,677.28 269,335.02 276,527.00 97.40% CITY CLERK PERSONAL SERVICES 150,152.33 1S9,304.31 170,673.19 171,931.73 175,111.00 98.18% OPERATING EXPENSES 30,545.40 47,955.43 20,636.24 92,955.02 96,354.00 96.47% CAPITAL OUTLAY 0.00 0.00 13,982.75 0.00 0.00 0,00% TOTALS 180,697.73 207,259.74 205,292.18 264,886.75 271,465.00 97.58% LEGAL PERSONAL SERVICES 0.00 0.00 0.00 92,685.76 98,150,00 94.43% OPERATING EXPENSES 68,346.44 100,267.05 105,408.63 74,358.55 83,588.00 88.96% TOTALS 68,346.44 100,267.05 105,408.63 167,044.31 181,738.00 91,91% ADMINISTRATIVE SERVICES PERSONAL SERVICES 461,830.44 525,069.64 S40,447.79 539,815.61 558,801.00 96.60% OPERATING EXPENSES 105,234.45 125,635.34 131,553.48 134,856.91 137,616.00 98.00% CAPITAL OUTLAY 4,050.00 0.00 0,00 0.00 0.00 0.00% TOTALS 571,114.89 650,704.98 672,001.27 674,672.52 696,417.00 96.88% M.I.S. DIVISION PERSONAL SERVICES 113,737.28 246,755.40 314,098.20 345,873.93 350,248.00 98.75% OPERATING EXPENSES 51,455.97 138,266.77 126,311,18 163,864.91 188,412,00 86.97% CAPITAL OUTLAY 0.00 0.00 24,319.52 2,011.11 912,00 0.00% TOTALS 165,193.25 385,022.17 464,728.90 511,749.95 539,572.00 94.84% AUDIO VISUAL DIVISION PERSONAL SERVICES 92,766.78 0.00 0.00 0.00 0.00 0.00% OPERATING EXPENSES 14,354.48 0.00 0,00 0.00 0.00 0.00% CAPITAL OUTLAY 0.00 O.00 0,00 0.00 O.OQ 0.00% TOTALS 107,121.26 0.00 0.00 0.00 0.00 0.00% POLICE ADMINISTRATION PERSONAL SERVICES 883,813.77 919,623.58 919,090.75 1,064,434.63 1,128,484,00 94.32% OPERATING EXPENSES 120,668.60 119,784,95 133,313.60 160,746.85 182,208.00 88,22% CAPITAL OUTLAY 0.00 36,465.00 0.00 38,694.00 29,500.00 0.00% TOTALS 1,004,482.37 1,075,873.53 1,052,404.35 1,263,875.48 1,340,192.00 94.31% POLICE PATROL PERSONALSERV[CES 2,382,211,78 2,727,327.16 3,100,165.35 3,029,231.62 3,079,499.00 98.37% OPERATING EXPENSES 270,954.06 294,834,83 290,786.83 245,672.08 305,073.00 80.53% CAPITAL OUTLAY 19,372.80 23,288,53 21,778.25 33,487.06 49,286.00 67.94% TOTALS 2,672,538.64 3,045,450.52 3,412,730.43 3,308,390.76 3,433,858.00 96.35% CODE ENFORCEMENT DIVISION PERSONAL SERVICES 149,565,89 159,672.41 165,800.76 169,749.55 171,610.00 98.92% OPERATING EXPENSES 15,138.06 18,914.38 18,609.68 14,469.38 20,038.00 72.21% TOTALS 164,703.95 178,586.79 184,410.44 184,218.93 191,648.00 96.12% POLICE INVESTIGATIONS PERSONAL SERVICES 603,082.70 648,578.79 664,952.45 878,785.13 891,625.00 98.56% OPERATING EXPENSES 106,216.72 106,053.66 115,848.10 123,457.61 133,309.00 92,61% CAPITAL OUTLAY 5,188.16 0,00 37,445.95 74,379.43 78,218.00 95.09% TOTALS 714,487.58 754,632.44 818,246.50 1,076,622.17 1,103,152.00 97.60% POLICE COMMUNICATIONS PERSONAL SERVICES 600,680.55 590,499.50 611,731.25 573,959.36 642,853.00 89.29% OPERATING EXPENSES 10,348.61 8,563.06 10,306.96 8,885.71 10,840.00 81.97% TOTALS 611,029.16 599,062.56 622,038.21 582,845.07 653,693.0PlF P�:lfjkq CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 09/30/20 2016/2017 2017/2018 2018/2019 2019/2020 2019/2020 2019/2020 4TH Qtr 4TH Qtr 4TH Qtr 4TH Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget ENGINEERING PERSONAL SERVICES 300,441.09 0.00 0.00 0.00 0.00 0.00% OPERATING EXPENSES 239,137.92 24.29 0.00 0.00 0.00 0.00% CAPITAL OUTLAY 64,920.50 0.00 0.00 0.00 0.00 0.00% TOTALS 604,499.51 24.29 0.00 0.00 0.00 0.00% ROADS AND DRAINAGE PERSONAL SERVICES 392,581.39 462,677.65 505,969.60 588,186.35 600,579.00 97,94% OPERATING EXPENSES 72,499.71 339,184.19 325,438.76 335,796.97 351,771.00 96.14% CAPITAL OUTLAY 3,639,35 7,544.00 55,742.95 39,190.25 39,550.00 19.07% TOTALS 468,720.45 808,405.84 887,151.31 963,173.47 991,900.00 97.10% STORMWATER UTILITY DIVISION PERSONAL SERVICES 344,650.74 630,001.61 0.00 0.00 0.00 0,00% OPERATING EXPENSES 377,194.87 487,987.12 0.00 0.00 0.00 0.00% CAPITAL OUTLAY 0.00 2,262.95 0.00 0.00 0.00 0.00% TOTALS 721,845.61 1,120,251.68 0.00 0.00 0.00 0.00% CENTRAL GARAGE PERSONAL SERVICES 184,642.47 194,427.68 194,159.14 180,924.19 186,004.00 97.27% OPERATING EXPENSES 27,228.20 24,420,76 28,523.59 18,950.44 23,920.00 79,22% CAPITAL OUTLAY 2,334.99 0.00 9,595.01 2,376.49 2,425.00 98.00% TOTALS 214,205.66 218,848.44 232,277.74 202,251.12 212,349.00 95.24% FACILITIES MAINTENANCE PERSONAL SERVICES 94,487.05 133,131.12 160,658.79 279,725.54 279,793.00 99,98% OPERATING EXPENSES 225,941.26 232,158.37 219,247.05 234,361.13 262,201.00 89,38% CAPITAL OUTLAY 108,472.68 124,194.56 18,374.00 54,094.00 54,494.00 99.27% TOTALS 428,900.99 489,484.05 398,279.84 568,180.67 596,488.00 95.25% PARKS/RECREATION PERSONAL SERVICES 531,236.85 505,974.54 759,730.03 736,296.50 819,797.00 89,81% OPERATING EXPENSES 394,222.92 369,163.23 244,647.75 218,870.83 230,069.00 95.13% CAPITAL OUTLAY 10,880.00 4,368.00 140,639.51 154,853.70 163,561.00 94.68% TOTALS 936,339,77 879,505.77 1,145,017.29 1,110,021.03 1,213,427.00 91.48% CEMETERY PERSONAL SERVICES 140,364.64 149,727.85 145,725.26 151,633.45 151,217.00 100.28% OPERATING EXPENSES 26,011.40 27,909.19 32,307.62 26,102.80 29,459.00 91,72% CAPITAL OUTLAY 0.00 8,490.96 0.00 0.00 0.00 0.00% TOTALS 166,376.04 186,128.00 178,032.88 177,736.25 179,676.00 98.92% COMMUNITY DEVELOPMENT PERSONAL SERVICES 180,910.10 357,598.49 318,631.07 392,516.83 424,845.00 92,39% OPERATING EXPENSES 33,677.39 37,941,95 47,574.33 132,123.64 148,705.00 88.85% CAPITAL OUTLAY 0.00 0.00 0.00 14,649.50 16,474.00 88.92% TOTALS 214,587.49 395,540.44 366,205.40 539,289.97 590,024.00 91.40% NON -DEPARTMENTAL PERSONAL SERVICES 784,765.30 291,741.15 278,439.04 264,098.13 284,350.00 92.88% OPERATING EXPENSES 611,345.09 634,267.89 712,594.27 707,675.13 714,999.00 98.98% CAPITAL OUTLAY 1,765.00 2,918.00 0.00 0.00 0.00 0,00% TRANSFERS OUT 594,237,73 636,029.27 23,243.95 4,691.00 4,691.00 100,00% TOTALS 1,492,113.12 1,564,956.31 1,014,277.26 976,464.26 1,004,040.00 97,25% TOTAL GENERAL FUND 11,828,979.85 13,139,524.50 12,147,439.70 12,887,459.61 13,539,246.00 95.19% 147 of 166 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF September 30, 2020 Current Prior Project Budget Share Project Vear Year F,xpenditures Percent Funds Number Description Budget Sources (in Thousands ofSl Budget Expenditures Expenditures To Date Expended Encumbrances Remainine FV2017 A1765 Oyster Bag Program (COMPLETE) IRLC 12.5 12,530 12.530 12,530 100.001y. (1) $ 12,530 S S 12,530 S 12,530 100,00 % S S (0) FV2018 A1811 Generators (COMPLETE) DST 175-2 175,247 148,129 27J 18 175,247 100.001/ A1820 P1ckleball(COMPLETE) DST 16 16,062 - 16,062 16,062 100.00% (0) A1823 Cemetery Improvements CTF 150 150,000 14,9I1 2.998 17,909 11.94% - 132.091 A1824 Working WaterfrontPhasc3 DST 26 25,700 425 19,975 20,300 78.99% 5,400 - A 1860 Stoneerop Drainage (COMPLETE) DST 11 11.229 - 11.229 11,229 100.00% - 0 A1854 Taxiway C Construction (COMPLETE) FAAIFDOTIDST 2,2581109.61183 2.550,074 338,240 2,211,833 2,550,074 100.00% - 0 TOTAL $ 2,928,312 3 501,705 S 2,299,116 S 2,790,921 95.30% S 5,400 S 132,091 FY2019 A1920 Working Waterfront Phase F1NDIDST 170/250 420,000 1.319 19.671 20,990 5.00% 1,831 397,179 A1921 Pickteball DST/RIF 1971423 619,762 484,000 120,751 604,751 97.58% - 15.011 A1922 Bark Park Shade Structures (COMPLETE) RIF 14 14,000 13.871 129 14,000 100.00% - - A1925 Park Sirnagc R1F 125 125,000 30.290 22.990 53,270 42.62% 71,730 - A1928 Yacht Club Pier (COMPLETE) RIF 31.2 31,191 31,191 - 31,191 100.00% - 0 A 1930 Indian River Drive Corridor (COMPLETE) LOGT 53.4 53,4I9 - 53,419 53,419 100.00% 0 A 1931 Street Repaving & Reconstruction (COMPLETE, LOOT 8 8,000 - 8,000 8,000 100.00°/ - M932 CavCorp Parking Lot (COMPLETE:) DST 47.5 47545 47,545 - 47,545 100.00% 0 A1933 Relocate Public Facilnues Compound (CLOSED) DST 0 - - - - 0.00% - - A1960 Stanecrop Drainage (COMPLETE) DST 12 12,000 - 12,000 12,000 100.00% - - A1952 Construct Hangar D FDOT/DST 1,8001450 2.250,000 164,896 69,199 234,096 10.40% 2,038,603 (22,699) TOTAL S 3,580,917 S 773,102 S 306,159 $ 1,079,261 30% S 2,112,164 $ 389,492 F V2020 A2000 Server Hosl/Update(COMPLETE) DST 43.2 43,196 43.195 - 43,195 100.00% - 1 A2001 PD & City Computers (COMPLETE) DST 84.2 84,210 94.210 - 84,210 100.00% - 0 A2002 Audio Visual Equipment (COMPLETE) DST 6.8 6,800 6,800 6,800 100.00% 0 A2003 Network Infrastructure (COMPLETE) DST 22.2 22,235 22,235 22.235 IOO.DO% 0 A2004 PD Vehicles & Equipment DST 355 355,000 331),226 339,226 95.56% 15,774 A 7005 PD Dispatch Radios & Equip (COMPLETE) DST 200.4 200383 20D,382 200,382 100.00% (0) A2006 Evidence Compound Paving & Carport DST 40 40,000 129 129 0.32% 32.413 7.458 A2007 CDBG Grant Program CDBG 1217 123,674 I3,720 13,720 11.09% 10,924 99,030 A2008 COVID49 Expenses Grant 924.3 924,322 506,692 - 506,692 54.62% 1350 416,280 A2009 CDBG CARES Act Grant Program CDBG 74.8 74,779 1.246 1,246 1.67% - 73,532 A2020 BSSC Football Bleachers (COMPLETE) RIF 15 14,677 14,677 14,677 100.00% 0 A2021 BSSC Baseball Dugouts RIF 80 80,000 20,085 20,085 25.111/. 59,915 A2022 BSSC Field Fencing (COMPLETE) RIF 59 59,043 59,04-3 59,043 100.00% 0 A2023 Playground Improvements (CLOSED) RIF 0 - - - 0.00% A2024 Park Improvements RIF 23 22,499 11,439 11,439 50.84% 3,672 7388 A2025 CatmnunityCentcrOffice DST 40 40,000 - - 0.00% - 40,000 A2026 Renovate Golf Tees DST 50 50,000 30,603 30,603 61.21% 19,397 A2027 GC Clubhouse Water Hookup (COMPLETE) DST 54 54,438 54,439 - 54.438 100.00% - 0 A2028 Riverview Park Sidewalks LOOT / CRA 46.5 / 32 78,623 - - 0.00% 78,622 1 A2029 CRA Signage & Landscape CRA 113 113,00D 13,448 13.448 11.90% 86,552 1.1,000 A2030 Relocate Public Facilities Compound DST 5088.9 5.088,899 244,859 244,859 4.81 % 201,476 4,642,564 A2031 Street Reconstruction (COMPLETE) I.OGT/DST 108,91320.5 429,319 429,3t9 - 429,319 100.00% - 0 A2032 Cape & MicroSeal Roadways (COMPLETE) LOGT 304 303,971 303,971 303,971 100.00% (0) 4U031 Cape Seal Roadways (COMPLETE) LOGT 52 52,046 52,046 - 52,046 100,00% - (01 A2034 Milling & Paving (COMPLETE) LOGT 142 142,026 142,026 142,026 100.00% 0 A2050 Construct Taxi Lane. FAA/FDOT/DST 462125.6125A 513,246 40,404 40.404 7.87% 29,478 443.364. A2060 Roadway Swale Work SW 60 60,000 25,965 25,905 43.11% 24.615 9.520 A2061 Canal Improvements SW 500 500.000 - - 0100% - 500.000 A2062 Stoneerop Drainage FEMA/DST 645r215 860,000 12,616 12,616 1.47% 847.394 A206-1 Septic to Sewer Grant Progrmn IRLGCRA 100/100 200.000 48,847 49,847 24.42 % 151.153 S 10,536,384 $ 2,721,521 $ S 2,721,521 25.83% S 469,102 S 7,345,761 GRAND TOTAL $ 17,058,143 S MW328 S 2,607,805 S 6,604,133 38.72% S 2,586,666 S 7,867,343 148 of 166 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2020 At September 30, 2020, the total of the City's cash and investments were $15,985,216.31. Of this, $11,551,232.35 was held in an interest bearing checking account at Seacoast National Bank, $3,887,124.89 was invested with the State Board of Administration and $546,859.07 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 .40% for the Bank and .33% for the State Board. The average annualized return over the 3 months of this quarter from the deposit with Florida Trust was 3.59%. The Bank returns and State Board dropped primarily due to reactions of the bond market and Federal Reserve. SEACOAST NATIONAL BANK STATE BOARD OF ADMINISTRATION (SBA} CURRENT CURRENT CASH BALANCE ALLOCATION BALANCE PERCENT INVESTMENT ALLOCATION BALANCE PERCENT General Fund $ 3,444,91 t.08 29.82% General Fund $ 862,249.62 22.18% Local Option Gas Tax Fund 221,911.36 1.92% Local Option Gas Tax Fund 0.00% Discretionary Sales Tax Fund 4,805,704.33 41.60% Discretionary Sales Tax Fund 1,203,959.81 30.97% Riverfront Redevelopment Fund 383,143,27 3.32% Riverfront Redevelopment Fund 95,612.56 2,46% Parking In-Lieu•Of Fund - 0.00% Parking In -Lieu -Of Fund 59,662.66 L53% Recreation Impact Fee Fund 131 203,35 1.14% Recreation Impact Fee Fund 32,802.98 0.84% StormwaterUtility Fund 1,308,044.59 11.32% StormwaterUiilityFund 326,953.91 SAI% Law Enforcement Forfeiture Fund 1,420.64 0.01% Law Enforcement Forfeiture Fund 31,352.57 0.91% Stormwater Series 2003 Debi Senice Fund 110,607.41 096% Stormwater Series 2003 Debt Service Fund - 0.00% Capital Projects Fund (403,300.98) -3.49% Capital Projects Fund 0,00% Capital Improvements Fund 7,807.38 0.07% Capital Improvements fund 0,00% I ransportaiion Fund (0.10) 0.0o% Transportation Fund 0.00% Stormwater Projects Fund 242,586.40 2.10% Stormwater Projects Fund 0.00% Golf Course Fund 136,682.00 1.18% Golf Course Fund 0.00% Airport Fund 341,638.24 2.99% Airport Fund 0.00% Airport Projects Fund (149,81323) -1.29% Airport Projects Fund - 0,00% Building Department Fund 797,298,16 6.90% Building Department Fund 199,309.65 5,13% Cemetery Trusi Fund 165,638.45 1.43% Cemetery Trust Fund 982,892.13 25.29% Performance Deposits Fund 750.00 0.01 % Performance Deposits Fund 92,340.00 2.38% Total Bank Balance S 11,551,232.35 100.00% Total SBA Balance S 3,887,124.89 100.00% INTERFUND LOANS REPORT 20/01/19 Scheduled Balance at Fund Making Loans Purpose Balance Payments 9/30/2020 Remarks/Terms GENERAL FUND; Due from Golf Course Cash Flow Loan $500,000 None $500,000 Pay $25K/Year or More Starting FY 20/21. Due from Airport Fund Grant Match Loan $150,000 None $150,000 Pay $150K in FY 20/21. DISCRETIONARY SALES TAX: Due from Airport Fund $285,000 Hangar A $275,020 $6,999 $268,021 5 Years @ 3%, Then 4% for 25 Years. Due from Airport Fund $267,511 Hangar B $261,894 $2,024 $259,870 5 Years @ 3%, Then 4% for 25 Years. BUILDING FUND: i Due from Golf Course $700,000 Irrigation $645,610 $30,154 $615,456 20 Year, Each 5 Years Adjust to T-Bond Minus 1%. Due from Golf Course $559,684 Other Repairs $559,684 None $559,684 Pay When Possible, Maybe After $700,000 is paid. 149 of 166 oM OF SET" HOME OF PELICAN ISLAND To: Mayor and City Council Thru: Paul Carlisle, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: February 1, 2021 Re: 4" Quarter Accomplishments Fiscal Year 2020 The following are the 4"' Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended September 30, 2020. CITY CLERK Legislative Support Matters • City Clerk prepared agenda, attended/recorded five Regular City Council meetings, seven special meetings. • Completed follow up of approved Council matters — contracts, letters, e-mails, scanned to L,F and indexed. • Fourteen resolutions adopted by Council. • Four proclamations prepared for presentation by Mayor. • Provided monthly City calendars and revisions to Council, City staff and press. • One document recorded with Clerk of Court. • Coordinated attendance of clergy for Council meeting invocations. • Distributed one Code and one LDC supplement. Records Manaeement Program • Responded to 66 public records requests. • 99 cubic feet of paper records met retention along with duplicate and OSA records destroyed by shredding vendor. • Transferred and documented one bid records. • Scanned and organized maps & surveys into Laserfiche for permanent or long term record storage. • Protected records in vault for Hurricane Isaias. Election Matters • Coordinated use of Council Chambers for Presidential Preference Primary Early Voting. • Pre -qualified ten candidates for 2020 Recall Election. • Qualified eight candidates for 2020 Recall Election. + Prepared 2020 RecaII Election ballot. • Two Recall Election advertisements placed with TCPalm. + Processed relevant campaign treasurer's reports. • Charter Officers witnessed logic and accuracy of voting machines for Recall Election. • Charter Officers canvassed the 2020 Recall Election. • Administered oath for three Council Members after Recall Election. • Provided orientation material for two new Council Members. • Updated regional board appointment list and notified agencies of new members. • Qualified four candidates for the 2020 General Election. • Prepared 2020 General Election ballot. City Board Matters • Noticed vacancies, prepared five board appointments, notified and provided info to appointees, updated board handbook and distributed pages. • City Clerk prepared agenda, attended/recorded one CRA, one BOA within Council meetings. • Records Clerk published all scanned City board agenda packets to City website, Facebook, Laserfiche and also provided to press and Council, • Published one newspaper notice of FY21 CRA meetings. 150 of 166 Cemetery Matters • Certificates of Interment Rights issued for 16 locations for a total of S 17,200.00. • Scanned all cemetery records as sold or amended for permanent retention. Personnel/Educational Matters • Records Clerk attended three project management meetings. • City Clerk and Records Clerk attended CivicPlus Training for new agenda transmission. • Administered oath to two Police Officers. • Protected office and computers for Hurricane Isaias. Community Matters • Responded to or forwarded CITYSEB emails to appropriate departments. ADMINISTRATIVE SERVICES • Worked with the State and FEMA to pursue remaining reimbursements due on Hurricane Matthew. • Prepared 3rd Quarter Budget Amendment and made presentation to Budget Committee and City Council. • Provided administrative support to the Police Pension Board. • Presented Capital Improvement Program to the Planning and Zoning Board. • Prepared Final FY2021 Budget and Capital Program Documents and had required public hearings. • Assisted with negotiations of wage opener in accordance with the PEA and PBA Labor Agreements. • Developed documents and processed payments for CARES ACT Small Business Grant Program. • Developed documents and initiated CARES ACT Rental and Mortgage Assistance Grant Program. • 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. • Documented bids and proposals for purchases to insure purchasing policies were followed. POLICE DEPARTMENT Administration • Continued review of agency policies per accreditation standards. • Participated in virtual Accreditation Assessment. • Conducted several interviews for 911 dispatcher positions on ZOOM. • Attended 7 additional ZOOM Meetings. • Continued our quarterly auditing and inspection of the police building and equipment. • Command Staff members attended 10 Council meetings, 2 officers per meeting. • Responded to 1 public records request. • Participated in several countywide conference calls for COVID-19. • Swore in 2 new officers. • Attended leadership training at Titusville PD, 2 Command Staff Officers. • Prepared agency for potential storm/hurricane. • Attended Safety and Security meeting with School Board. • Prepared and released 9/11 tribute video. • Participated in 3 phone depositions. • Command Staff Firearms Qualification. • Completed 3 leadership meetings and several (weekly) staff meetings. • Met with promotional exam developers and finalized details for testing. • Met with majority of PD employees in reference to goals and objectives. Volunteers • The Community Service Volunteers worked a total of 310 hours during this quarter. • 2 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. • 115 house watches/close patrols were completed. • 9 vehicle transports were made consisting of taking the vehicles to different locations for repairs, etc. • 16 business checks were made. These business checks are conducted to help patrol officers keep an eye on the business community which helps reduce crime. • I I area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 5 Airport checks were made. The visibility helps to deter crime. 4 special details were assigned. 0 miscellaneous assists for law enforcement personnel. 151 of 166 • 6 paper runs, i.e.: State Attorney's Office, Sheriffs 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 2 traffic crash scene. • 0 warnings for handicapped parking tickets issued and 0 warnings for other parking infractions issued. • 0 citizen contacts. • 67 miscellaneous jobs. • 10 hours of Escorts were completed. * * * * The Volunteer Program was suspended for the entire month of August" School Resource Officers July thru September 2020 Area/school checks 24 100 121 245 Life Skills classes taught 0 0 0 0 GREAT classes taught 0 0 0 0 Reports 5 1 4 10 Crossing Guard contacts 1 17 24 42 Mentor lunches 0 2 6 8 Patrol hours 328 313 178 819 Community event hours 0 0 0 0 Patrol hours Mentorlunches Crossing Guard contacts Reports GREAT classes taught Life Skills classes taught Area/school checks Se pt f August July 0 50 100 150 200 250 300 350 Road Patrol and Special Operations • Officers were dispatched to 4738 calls for service, and self -initiated 2703 events_ • 73 adult and 6 juvenile arrests were made. • Officers issued 90 citations, 7 parking citations, and 251 written wamings. • Officers completed 476 offense reports and 72 crash reports. Special Operations Traffic Unit Boat Officers K-9 Offs (41/38/59/42) Citations Wannincs 45 66 (Assigned to shift coverage.) 5 35 Incident Reports Arrests 26 0 25 7 3 152 of 166 K-9 Unit • K-9 Training Hours: 320 • Misdemeanor Arrests: 5 • Felony Arrests: 9 • Narcotic Searches: 8 • Activity Reports: 8 • K-9 Demonstrations: 2 • Schools Attended: K-9 Narcotic Certification. • Additional Training Hours: 90 • Agency Assisted: Indian River Count. 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. Detectives Quarter 4 Subpoenas Arrests Warrants Training/Meeting Hours Follow -Ups Active Cases Assigned Cases Cleared Cases Inactive Cases Supplements Call Outs Call Outs Supplements Inactive Cases Cleared Cases Assigned Cases Active Cases Follow -Ups Training/Meeting 1-iurs Warrants Arrests Subpoenas July August Sept. Totals 1 1 5 4 1 2 2 5 5 1 1 7 48 9 30 87 19 18 18 55 12 11 18 41 10 13 18 41 8 6 9 23 6 3 5 14 20 16 17 53 2 1 6 9 0 20 40 60 80 100 Community Policing & Crime Prevention Officer Sel lesA Series3 w Series2 Seriesl SUBPOENAS a 0 0 0 ARRESTS 1 3 4 8 WARRANTS 1 0 1 2 TRAININGIMEETINGS (hours) 16 7 10 33 FOLLOW-UPS 3 5 3 11 ACTIVE CASES 7 5 4 16 _ ASSh.7NEU LASES 5 3 5 13 CLEARED CASES 1 3 1 5 INACTIVE CASES 1 0 0 1 SUPPLEMENTS 10 5 5 20 SURVEILLANCE (HOURS) 18 24 8 50 153 of 166 4 COPE OUARTERLY REPORT ACTIVITY HOURS Community Events. School Related Events: Admin & Research: COMMUNITY EVENTS 3 Drive By Parade - 2 Pelican Island Elem - 4COPE I Meeting - 2 AGENCY OUTREACH EVENTS 8 Deliver Pizza to Boys n Sebastian Elem - 4 Static Display - 10 Girls Club - 1 Law Productions - 2 COMMUNITY MEETINGS 5 Regional Outreach: Vehicle Maint. - 2 SCHOOL -RELATED EVENTS I 8 Crime Stoppers -0 Admin Assignments - 40 PUBLIC TRAINING CLASSES 0 Public Training Classes: REGIONAL OUTREACH 0 S.A.F.E. Women Class -0 SRO: - 32 Social Media -- Management: SRO Coverage 34 Agency Outreach: fFacebook, Twitter, EXPLORER POST ACTIVITIES 4 Food Drive - 8 Explorer Post Activities: 6 Instagram} - 28 TRAINING AND SCHOOLS 20 IN-SERVICE INSTRUCTION 12 Training and Schools: In -Service Inst SOCIAL MEDIA MANAGEMENT 28 Community Meetings In Service - 4 Firearms - 4 ADMINISTRATION & RESEARCH SAFIR -5 TIPS -16 New Hire-8 56 Crossing Guard - 24 DISPATCH COVERAGE 96 Communications Division Officer Initiated Calls 1,223 1,125 1,057 3,405 f Code Enf. Initiated Calls 1,667 1477 1,602 4,746 Volunteer Initiated Calls 169 0 17 186 ` Calls Entered Into CAD 1,667 4,260 4,395 13,357 911 Calls Received 765 773 674 2,212 911 Calls Transferred Out 337 291 249 877 911 Hang-up Calls 104 102 108 314 Admin. Calls Received 790 746 916 2,452 Admin. Calls Transferred 277 327 354 958 Outgoing Admin. Calls NA* NA* NA* NA* Training/Meeting Hours 27 24 24 75 *911 NETWORK DOWN UNABLE TO PULL NUMBERS DIRECTLY FROM THE PHONE SYSTEM. THE TOTAL CALLS ARE COMING FROM CAD WHICH DOES NOT INCLUDE THE IN HOUSE CALLS OR OUTGOING* Training/Meeting Hours Outgoing Admin. Calls Admin. Calls Transferred Admin, Calls Received 911 Hang-up Calls 911 Calls Transferred Out 911 Calls Received Calls Entered Into CAD Volunteer Initiated Calls Code Enf. Initiated Calls Officer Initiated Calls Disp. Calls For Service 0 1,000 2,000 3,000 4,000 5,000 A Month 3 a Month 2 0 Month 1 5 154 of 166 Crime Scene/Evidence Items Received 75 79 73 227 Evidence Processed In-house 12 14 13 39 Evidence Outsourced 9 15 8 32 Items Returned 14 9 7 30 Items Purged 5 7 11 23 Cars Impounded 0 0 0 0 Video Redaction Hours 32 64 42 138 Videos Burned 29 55 36 120 Supplements Written 4 7 6 17 Evidence Processing Hours 32 48 56 136 Crime Scene Processing Hours 45 15 19 79 Training Hours 49 16 0 65 Call Outs 0 0 2 2 Call Outs Training Hours Crime Scene Processing Hours Evidence Processing Hours Supplements Written Videos Burned Video Redaction Hours Cars Impounded Items Purged Items Returned Evidence Outsourced Evidence Processed In-house Items Received Wr- 0 20 40 60 80 100 ■ Sept. ■ August ■ July Code Enforcement Of the 4,765 code calls for the quarter the following is a breakdown of some specific calls made. • Issued 985 written warnings. This ranges 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. • 130 property inspections for title companies and 54 sign violations. • 466 Code Services. • 750 re -inspections, 70 violations were not complied with, 112 were posted for abatement, 9 abated by vendors. • 559 violations complied. • 1 Lien filed, 2 liens released. • 106 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. in an attempt to gain compliance. • There were no calls for water violation during the fourth quarter. Alarm Assessment • $850.00 in alarm permits (new and renew) • $150.00 in false alarms fines 138 alarm responses by officers, 63 of these were false. • 27 New permits issued. 155 of 166 31 ROADS Asphalt • Put down 9 tons throughout the City at various pot holes and road edges. • Repaired various pot holes with pallet of cold patch while asphalt was unavailable. Concrete + Formed and poured headwall on Day Drive. • Dug -out, formed and poured 8 head walls on Dixie Terrace where drive way replacement was taking place. • Dug -out, formed and poured footers and pads for four new dug -outs at Barber St. ball fields. • Dug -out formed and poured new pad for dumpster at ball fields. • Dug -out, formed and poured foundation for new shed behind ball fields. Miscellaneous • Dug -out demolition and removal at ball fields, • Assisted with new dug -out assembly. • Hurricane prep/shutter install for possible storm hit. • Assisted traffic division with grinding old crosswalk and installing new thremo plant crosswalk at Main St. & Easy St. • Cut and remove fallen tree from Riverview Park. • Moved fuuniture around at PD for new carpet install then put furniture back in place. • Moved all bridges and spillways, also Powerline Rd. and Fleming Rd. and Harbor Lights property (x3). • Mowed overgrown grass at compound. • Hauled dirt away from Cemetery for Kip. • Assisted Stormwater Division in clearing Gardenia 512 and South Moon under drainage ditches of debris and vegetation, + Replaced light ballasts and bulbs in big storage building. • Assisted garage with removing tracks from excavator for maintenance and repairs. Rieht of ways • Mowed right of ways/vacant lots growing into roadways and drainage flowlines mainly on the south east section of town. SirYn Shon • Signage and Installation • Created; 89 + Signs Installed: 52 • Signs Straightened: 34 • Traffic Studies: 6 • GIS Locations: 84 • Decals 36 • Pavement Markings + Stop Bars: 78 • Yellow Line Striping: 3081 Ln ft. • White Line Striping: 6420 Ln ft. • Parking Lots: 1 • Cross Walks: 14 • Handicap stalls: 0 • ADA mats painted: 26 • Special Projects • Stop bar and crosswalk painting Section 1: (Completed). • City Bridges: (75% Completed) waiting on glass beads for paint_ • Section 2 painted Stop bars and crosswalks: (Completed). • New Projects • Parking Lot Painting River Front Park: (Complete). • Painting Barber St, from US I to Bristol: (Complete). • Traffic Island Laconia and Roseland: (In Progress). • Paint Schumann Dr. US 1 to Englar: ( Complete). • Regulatory signs on Stonecrop St. for Stormwater : (Complete). • Main Street boat ramp lot painted (95% Complete). • M.O.T Special Events — 3 • School bight Issues —11 • Citizen Request — 12 (0 open 12 closed). • Work Orders -- 38 (36 have been completed). 156 of 166 7 • Created Signs Breakdown. • Street Signs: 13 • Regulatory:23 • Warning: 13 • Guide:0 • Wayfind:0 • Wildlife:0 • Park: 31 • Golf Course: 0 • Aviation:0 • Construction Zone Warning: 3 • Misc.: 5 Facilities Maintenance • Maintain City FIags. • Maintain and monitor all lift stations. • Monthly A/C maintenance all City Buildings. • Assist with Splash pad operations. • Daily Monitoring of City Marquees. • Monthly monitoring and supplies AED Stations. • Daily Maintenance and repairs City Buildings. • Monitor Nash Janitorial. • Compound. A/C replacement Unit #1 (Ruud). • City Hall,: Replace Tracer Summit BCU (Lightning surge). • Police Department: Replace west electric gate opener/controller. • Admin. Building: A/C replacement Unit #1 (Charnpian). • Police Department: A/C replacement RTU #4 (Trane). • Community Center: A/C replacement Unit #2 (Barb). • Admin Building: A/C replacement unit #6 (Lennox). • Admin. Building : A/C replacement unit #8 (Lennox). • Police Department: Carpet replacement project. Cemetery • Pressure wash sidewalks. • Cones and signs out for service. • Paperwork. • Graves ready for sod. • Routine mowing, weed eating and edging. • Show public cemetery property. • Burials — 13 Cremations - 10 • Rain Gauge — 24.80 • Trim Trees. • Dug cremation holes. • Work on Survey Pins. • Cleaned niches. • Process plaque. • Filled in low spots. Fixed irrigation all units. • Moratorium still in effect. • Enhancements Tru Green. Construction Specialist • Building Maintenance: • Repair compound water line. • Airport: • Repair hanger door hanger `B"_ • Repair lighting for fuel pad area. • Repair hand railing @ Todd House. • Repair -Beacon Light. • Repair gate malfunction 8. • Parks • Dock repair a Yacht Club. • Volley ball court lighting repair. • Riverview Park lighting repair. 8 157 of 166 • Install electric @ batting cages. • Ball field dug out removal and construct new. • MIS: Repairs street lighting. • Install new lighting @ Main St. boat ramp. Fleet Management: The Fleet Management Staff completed 327 repair work orders, 35 preventive maintenance services 10 service calls and 2 road trips to pie up parts. In addition to in-house vehicle/equipment work orders, 17 vehicle and equipment repairs were scheduled and completed by outsic vendors. Fuel Cost as of Sept. 2020 is as follows: • $1.62 per gallon of gasoline increase 19% increase over the past 90 days. • $1.60 per gallon of diesel fuel increase of 15% inrease over the past 90 days. LEISURE SERVICES July 2020 • Required irrigation lines and fittings at Garden Club, Dog Park. • Maintain the area by trimming trees and removing debris Main St. dock, City Hall. • Assembled and installed bleachers at the Barber St. Sports Complex. • Maintain the area by backfilling a hole at the Yacht Club. • Maintain the area by removing old dugout. • Installed basketball nets at Barber St. Sports Complex. • Maintain the area by removing old clay at Barber St. Sports Complex. • Maintain the area by cutting down a dead tree and removing debris at Riverview Park. • Installed temporary signs at Riverview Park. • Installed construction fencing at Riverview Park. • Maintain the area by removing old dugout at the Barber St. Sports Complex. • Installed sand for volleyball courts at Riverview Park. Aug. 2020 • Installed hurricane shutters at the community center and Yacht Club. • Maintain area by repairing the shed at Barber St. Sports Complex. • Maintain area by removing shutters at City Hall, community center, and the Yacht Club. • Maintain the area by picking up debris at all of our parks. • Repair irrigation lines and fittings at Riverview Park. • Installed small catch basin for the ballfields at Barber St. Sports Complex. • Installed volleyball nets at Riverview Park. • Maintain area by trimming trees at City Hall, Friendship Park & Main St. Docks. • Repaired fence at Brant Court Park. • Installed structure covering for tennis courts at Friendship Park. • Repaired irrigation lines and fittings at Riverview Park. • Assembled bleachers at Barber St. Sports Complex. • Repaired fence at George St. • Maintain area by laying sod around catch basin at the Barber St. Sports Complex. • Installed small catch basin for the ballfields at the Barber St. Sports Complex. • Maintain area by laying sod around the catch basin at the Barber St. Sport Complex. Sept. 2020 • Maintain the area by tightening Pavilion table bolts at Main St. • Installed sand for the kayak launch at Riverview Park. • Installed basketball goal at Schumann Dr. • Installed plants and mulch at Riverview Park. • Installed sod on a resident's damaged yard. • Prepare for event at Riverview Park. • Repair fence at Riverview Park. • Repaired irrigation lines and heads at the tennis courts at Friendship Park. • Maintain trinuning of trees and brush on Indian River Drive. • Maintain by removing weeds from the playgrounds at the Community Center. • Installed carpet for the batting cages at Barber St, Sports Complex. • Installed 8 pallets of sod for the tennis courts at Friendship Park, • Installed rocks for drainage on the tennis courts at Friendship ParkMaintain the area by tightening Pavilion table bolts at Main St. Continue maintenance on all parks, median and incorporated areas. This involves mowing, edging, weed eating, trimming hedge pulling weeds, emptying and picking up trash. 158 of 166 RECREATION The Recreation Division - Continued city run programs. STORMWATER DEPARTMENT • Eric's Inspections 470 • All baffle boxes on the river cleaned. • Debris from Collier waterway 3400 cubic yard. • Total Debris removed from ditches 1812 cubic yards. • Citizen Request Line - July, Aug., Sept. 2020 (128 phone calls) • 90% Responded within 24 hours (16 took more than 24 hours). • 70% were investigated by staff (18 were not because they were given to the County or another Department). • 70 % were completed within 5 days (94 in all, however, 32 were given to another Departments, so we don't know how long it took to complete). GOLF COURSE • Revenue 19-20 18-19 Difference+/- • 4th Quarter Rev. $227,519 $152,088 +$75,431 + YTD Tot. Rev. $1,521,707 $1,394,183 +$127,524 • 4th Quarter Rounds 10,868 7,105 +3,763 • YTD Tot. Rds. 52,391 45,816 +6,575 • 4th Q. Green Fee $64,192 $41,342 +$22,850 • 4th Q. Cart Fee $123,514 86,014 +$37,500 • 4th Q. Annual Member $387.47 $0 +$387.47 • YTD Ann. Mem. $101,928 $96,306 +$5,622 • 4th Q. USGA Hdcp. $0 $0 $0 • YTD USGA Hdcp. $5,390 $4,940 +$450 • 4th Q. Disct. Card $46.73 $93.46 -$46.73 • YTD Disct. Cd. $32,384 $32,244 +$140 • 4th Q. Driving Range $8,064 $4,939 +$3,125 • YTD Dr. Rge. $52,386 $45,654 +$6,732 • 4th Q. Club Rental $525 $222 -$303 • 4th Q. CIub Storage $0 $0 $0 • YTD CR & CS $5,490 $5,929 -$439 • 4th Q. Golf Shop Retail $20,445 $11,277 +$9,168 • YTD Shop Retail $101,711 $87,463 +$14,248 • 4th Q. PGA Pro Lesson $1069 $653 +$416 • YTD Lesson $3,279 $2,113 +$1,166 • 4th Q. Restaurant Rent $7,500 $7,541.50 -$41.50 • YTD Rest. Rent $30,001 $27,464 +$2,537 • *4th Q. Rain amount 21.29" 14.32" +6.97" Continents: Increases in overall golf course revenue with green & cart fees, golf shop sales, driving range revenue and overall golf rounds all showing increased numbers when compared to 4th quarter of Fiscal 18-19. Rain prevented even more revenue and round increases, with a total of 21.29 inches for the 4th quarter. • Charity, Corporate and special Golf Tournaments for the 4th quarter included The Par 5 Club, Sebastian River High School Football Booster Golf Tournament and The Palm Bay Golf Association. • New tees constructed on holes 3, 9, 10 & 15. Tees re -leveled and sodded on holes I & 8. All work completed by Express Reel Grinding, Inc. • Outings & Tournaments scheduled for 1st quarter Fiscal 2020-21 include Central Baptist Church, Sebastian River High School Boys & Girls Golf Team Benefit, Holy Cannoli Christmas for Kids Benefit, Sebastian Rotary Golf Tournament and The Sebastian 2-Person Fall Team Championship. • All daily leagues, including Wojo's Monday League, Men's and Women's Golf Associations, Sebastian Business League and several other smaller leagues continue to thrive. 159 of 166 10 AIRPORT + Reorganized vault building. • Routine landscape maintenance, • Repaired/installed new papi control board. • Mowed AP Drive West wllong arm. • Designed PP Checklist. • Repaired Hangar A Door Cylinder. • Edged RWY 5-23 & 10-28. • Routine runway lighting maintenance. • Security camera repairs. • Fixed gate 7 & 31 motors. BUILDING DEPARTMENT • In the fourth quarter of this fiscal year, a total of 55 new single-family homes were issued building permits. New single family residence permits have increased by approximately 67% similar to the level we saw in the second quarter, Other permits of significance include 0 new manufactured homes, 1 new commercial building, 1 commercial addition, 5 commercial alterations, 0 commercial build outs, 1 residential addition and 122 residential alterations. In all, 1030 building permits were issued in the fourth quarter. Overall permitting in the fourth quarter has increased by 12%. • Total number of inspections for the fourth quarter was 2921 for an average of 43 building inspections per working day. The number of inspections for the fourth quarter has increased by I I %. • The number of Certificates of Occupancy issued for the fourth quarter included 49 new single family residences, 0 manufactured homes, 1 commercial certificate of occupancy, 0 commercial temporary certificate of occupancy and I commercial certificate of completion. • The following lists the Business Tax Receipt activity for the fourth quarter: new businesses-5 0, renewals -1097, transfers-4, duplicates 0, home based businesses-19, commercial businesses-24, insurance companies- 6 and solicitor registrations-0. There were 43 new Contractors registrations. In addition, there have been 47 requests for permit records on properties within the city from lien/title companies. Business Tax renewals are due this time of year, the processing of the renewals keeps our staff very busy during this period. • The Building Department has successfully removed an unsafe structure on Benedictine Terrace. This house was abandoned, dilapidated and unsafe for human occupancy. A demolition order was sought from the Code Enforcement Special Magistrate and all work was completed. A lien will be placed on the property for the cost of the demolition. • The Building Department continues to take steps necessary to keep business moving forward during the pandemic. New innovated ways of doing business are constantly evolving and being improved upon. 160 of 166 nn BASTI N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL COUNCIL MEETING DATE: February 10, 2021 AGENDA ITEM TITLE: Review Resolution No, R-10-05 Charter Officers' Evaluations and establish procedures for charter officers for goal settings, evaluations, wage adjustments or other increases in compensation, and re -negotiations of employment agreements. RECOMMENDATION: City Council adopt Resolution R-21-04 BACKGROUND: City of Sebastian is repealing Resolution R-10-05, dated February 10, 2010, for the procedures for Charter Officer Evaluations. City Council deems it appropriate to establish new procedures for charter officers for goal settings, evaluations, wage adjustments or other increases in compensation, and re -negotiations of employment agreements. The Human Resources Director (HRD) shall prepare and recommend blank forms to thEe City Council before June 1" of each year for the evaluation of the Charter Officers and the City Council shall no later than July 1", complete the annual evaluation for the Charter Officers. Each City Council member may conduct a private interview with any of the Charter Officers, if that City Council member deems it necessary. The Charter Officers shall receive the current wage adjustment percentage or other increases in compensation terms agreed upon by the Collective Bargaining Units. Should the wage adjustment or other increases be different for the two Collective Bargaining Units, the City Council shall vote on the one to be applied to each Charter Officer. In July of each year, the City Council members, shall publicly discuss the method used to evaluate each Charter Officer, summarize the results of their evaluations and if appropriate, may vote to grant a merit increases to the Charter Officers, in addition to the current wage adjustment percentage. Further, the Charter Officers' Employment Agreements are subject to re -negotiation every three (3) years, if the Charter Officer request that it be re -negotiated one (1) month before the three (3) years expires. Otherwise, the Employment Agreement will continue in force for three (3) additional years. The re -negotiations, if any, shall be handled by the City Mayor, in consultation with the Chief Financial Officer (CFO) and Human Resource Director (HRD). ATTACHMENTS: Resolution No R-10-05 Resolution No R-21-04 Repealing Resolution 10-05 IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA 161 of 166 Administrative Services Departme Revie City Attorney Review: 4 _7 Procurement Division ReGiew, i applicable lz City Manager Authorization: Date: 4 /? 41 2 162 of 166 RESOLUTION NO. R-10-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-07-31, DATED AUGUST 22, 2007; PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to set goals for its Charter Offices and conducts its review in public. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: Section 1. CHARTER OFFICER GOAL SETTING. City Council shall bi-annually set and review goals and objectives for the City Manager, City Attorney, and City Clerk at public City Council meetings in January and July. Section 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 15` of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis_. meeting in pub4G-for c finsl ovalUatiGR. City Council shall at a senduct r. i pesia4 Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney, and City Clerk.. under City Council Matters. Section 4. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Vice Mayor Hill. The motion was seconded by Mayor Gillmor and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor aye Vice Mayor Jim Hill aye Council Member Andrea Coy aye Council Member Eugene Wolff aye Council Member Don Wright aye 163 of 166 The Mayor thereupon declared this Resolution, as modified upon reconsideration, duly passed, and adopted this 101h day of February, 2010. ATTEST: Sally A. Maio, MMC City Cleric CITY OF SEBASTIAN Richard H. Gillmor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 164 of 166 RESOLUTION NO. R-21-04 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING PROCEDURES FOR CHARTER OFFICERS FOR GOAL SETTING, EVALUATIONS, WAGE ADJUSTMENTS OR OTHER INCREASES IN COMPENSATION, AND RE -NEGOTIATIONS OF EMPLOYMENT AGREEMENTS; REPEALING RESOLUTION NO. R-10-05, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to establish procedures far charter officers for goal setting, evaluations, wage adjustments or other increases in compensation, and re -negotiations of employment agreements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS, SECTION 1. CHARTER OFFICER GOAL SETTING. City Council shall annually set and review goals and objectives for the City Manager, City Attorney, and City Clerk at a public City Council meeting in June. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURE. The Human Resources Director (HRD) shall prepare and recommend blank forms to the City Council before June 1" of each year for the evaluation of the Charter Officers. No later than July 1s`of each year, City Council members shall complete an annual evaluation for the City Manager, City Attorney and City Clerk by using the forms provided by HRD or by using whatever other method each individual City Council member deems appropriate. Each City Council member may conduct a private oral interview with one or all of the Charter Officers on an individual basis, if that City Council member deems it necessary. SECTION 3. WAGE ADJUSTMENT OR INCREASES IN COMPENSATION. a. The City Manager, City Attorney and City Clerk shall receive the current wage adjustment percentage or other increases in compensation terms agreed upon by the Collective Bargaining Units, which includes the Coastal Florida Public Employees Association (the "CFPEA°) and the Coastal Florida Police Benevolent Association (the "CFPBA" ). Should the wage adjustment or other increases be different for the two Collective Bargaining Units, the City Council shall vote on the one to be applied to each Charter Officer. b. At a Meeting in July of each year, the individual City Council members shall publicly comment on the method they used to evaluate each Charter Officer and summarize the results of their evaluation. Following those comments, the City Council may vote to grant such merit increases to the City Manager or City Attorney or City Clerk that the City Council deems appropriate, in addition to the current wage adjustment percentage or other increases in compensation terms addressed in the above paragraph of this Section. SECTION 4. RE -NEGOTIATION OF EMPLOYMENT AGREEMENTS. The Charter Officers' Employment Agreements are subject to re -negotiation every three (3) years, if the Charter Officer request that it be re -negotiated one (1) month before the three (3) years expires. Otherwise, the Employment Agreement will continue in force for three (3) additional years, for purposes of re -negotiations. The re -negotiations, if any, shall be handled by the City Mayor, in consultation and support by the Chief Financial Officer (CFO) and Human Resource Director (HRD). 165 of 166 SECTION 5. REPEAL. This Resolution repeals Resolution R-10-05 in its entirety. SECTION 6. CONFLICTS. All other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 7. PROVIDING FOR SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 8. 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 9. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by . The motion was seconded by and, upon being put into a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Christopher Nunn Council Member Fred Jones Council Member Bob McPartland The Mayor thereupon declared this Resolution, as modified upon reconsideration, duly passed, and adopted this ATTEST: Jeanette Williams, MMC City Clerk day of 2021. CITY OF SEBASTIAN Ed Dodd, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 166 of 166