The URL can be used to link to this page

Home My WebLink About07-28-2021 CC Agendapg 5 on .r SESASTI�AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 28, 2021 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. 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. Presentation by the Treasure Coast Regional Planning Council — Stephanie Heidt, AICP - Economic Development & Intergovernmental Programs Director B. Presentation by the Indian River County Veterans Advisory Council - Martin Zickert, Chairman, Colonel, USAF (Ret) and Jim Romanek, USAF (Ret) Executive Director pgs 6-11 C. Presentation by the Children's Trust of Indian River County - Lisa Kahle, Project Facilitator 7. 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. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising hislher hand to be recognized. pgs 12-19 A. Approval of Minutes — July 14, 2021 Regular City Council Meeting 1 of 148 pgs 20-42 B. Resolution No. R-21-12 — Accepting the T� Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2020-2021 Annual Budget (Transmittal, R-21-12, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 AS PROVIDED FOR IN EXHIBIT °A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 43-53 C. Resolution No. R-21-15 — Parking -in -Lieu Purchase Program for 1623 U.S. Highway #1, Unit A-3, Sebastian Executive Building (Transmittal, R-21-15, LDC Sec., Request) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION FOR PROPERTY OWNERS TIMOTHY C. McNAMEE AND PATRICIA ZAMBELLI IN THE PARKING —IN-LIEU PURCHASE PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 1623 U.S. HIGHWAY #1, UNIT A-3, SEBASTIAN, FLORIDA; PROVIDING FOR CONFLICTS, SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 54-65 D. Approve Agreement Between the Sebastian Charter Junior High, Inc. and the City of Sebastian for a School Resource Officer and Authorize the Mayor to Execute Appropriate Documents (Transmittal, Agreement) 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. pgs 66-71 A. Planning & Zoning Commission - Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member Term — Term will Expire November 1, 2022 (Transmittal, Application, Advertisement, Member List) pgs 72-73 B. Appoint Council Representative to Attend the Indian River County Redistricting Meetings (County Atty Memo) 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS 12. NEW BUSINESS pgs 74-98 A. City Council to Provide Direction on How to Proceed with the Consideration of the Proposed Children's Trust of Indian River County (Transmittal, PPT, Draft Resolution, Draft Agreement, IRC Draft Ordinance, F.S.125.01(5)(a)) pgs 99-114 B. Set Proposed Millage Rate for FY21122 - Submission of DR420 to Property Appraiser (Transmittal, PPT, Draft Budget: htkpsalweblink.citvofsebastian.orqNVebLink/DocView.asox?id=242177&dbid=O&repo=City&cr= 1 Forms DR-420, DR-420TIFs, DR-420MM-P) pgs 115-148 C. Resolution No. R-21-13 - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant Agreement # 3-12-0145-018-2021 to Construct a Taxi Lane and Reconstruct a Distressed Portion of Taxiway Alpha at the Sebastian Municipal Airport in the amount of $614,422.00 (Transmittal, Grant, R-21-13) 2 of 148 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AN AIRPORT IMPROVEMENT PROJECT (AIP) GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION RELATING TO THE FUNDING THE CONSTRUCTION COST OF FM445871-1-94-01 "CONSTRUCTION OF TAXI LANE" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR CONFLICT. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Jones B. Council Member McPar#lan C. Council Member Nunn D. Mayor Dodd E. Vice Mayor Hill 17. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) 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 THIS 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) 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@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ZOOM INFORMATION Please click the link below to join the webinar: httiDs://usO2web.zoom.us/i/85964140415 Or One tap mobile: US: +13126266799„85964140415# or +19294362866„85964140415# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 859 6414 0415 International numbers available: https://us02web.zoom.us/u/kecduQ2hQt 3 of 148 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-20-34 Reqular Citv Council Meetinas Public input is ALLOWED under the headina: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinas Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, 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. Apoealina Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headina on Aaenda 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. 4 of 148 ACCESS TO CAPITAL SURVEY The Treasure Coast Regional Planning Council is conducting a survey regarding small businesses and their experiences with accessing capital (i.e. loans, credit, investment capital, or other forms of monetary support). As we have seen over the last year, the current systems and programs in place are not perfect and there are gaps that can be addressed. Because of that, we want to hear from the business community on what needs to be done to better serve their financial needs. With the information we collect we will be analyzing the limitations of the current systems and moving forward with recommendations and solutions. By participating in this survey you are not only allowing your voice to be heard, but you will be helping provide us with the most clear and concise understanding of the entire Treasure Coast when it comes to capital access for our businesses. If you would like to help us even more by spreading awareness of this opportunity for community voices to be heard, please feel free to share the survey link with your contacts, partners, or on your social media accounts. If you have any questions or want to learn more about the survey and our objectives, feel free to reach out to us. T C R P C TREASURE COAST REGIONAL PLANNING COUNCIL 421 SW Camden Avenue Stuart, Florida 1 34994 Office: (772) 221 - 4060 www.tcrpc.org 5 of 148 7/20/21. � � Ch�ldrer�'s �D D�a TRUST of IMMOM River County e City of Sebastian for inclusion in F Indian River County WHEREAS, the community has taken action to formally recommend to the Indian River County Board of County Commissioners the establishment of a dependent special district to be known as the Children's Trust District and to hold a referendum on the creation of the ChildrWs Trust District with the authority to levy an ad valorem tax to support authorized Children's Trust; and WHEREAS, investing in developmental and educational resources for children and families will provide measurable returns for our community; and WHEREAS, Indian River County's children need enhanced services; and WH EREAS, 14.5% of babies born in Indian River County each year are considered low birth weight or preterm and 50% of babies born in Indian River County each year are born into poverty; and WHEREAS, over half of the children in Indian River County are not prepared to enter kindergarten; and WHEREAS, as many as 50% of children with developmental delays or disorders are not diagnosed or properly treated before they start school; and WH EREAS, over 60% of students are eligible for free & reduced lunch; and WH EREAS, in Indian River County only 60% of children in 3rd grade read on grade level and only 51 % of Ah graders are proficient in 7th grade math; and WHEREAS, every year in Indian River County over 1,500 reports of suspected child abuse are received by the Department of Children and Families; and WHEREAS, over 10%of middle school age children report using alcohol in the past 30 days; and WHEREAS, 16% of Indian River County students are chronically absent; and WHEREAS, 64.7% of Florlda's youth with major depression did not receive any mental health treatment in 2021; and WHEREAS, quality programs addressing these needs pay for themselves many times over and the cost of inaction is a tragic loss of human and economic potential that we cannot afford ... 6 of 148 7i 20/21 WHAT EXISTS WHAT'S PROPOSED Children's 5ervicesAdvisory Committee BCC shall provide an assigned millage of up to 0.125 mil "Dependent" millage from IRC's General Fund Based on peak millage of 0.125 mil Projected $ in FY23124 = $2,395,449 Projected $ in FY27128 = $4,284,924 Protected $ in FY34135 = $5,831,190 3 4 Child ren's Trust of IRC 0.25 mil for 4 yea, s 0.375 mil for 8 years "Dedicated" millage through referendum Projected $ in FY23124 (Year 1 ) = $4,790,895 Projected $ in FY27128 (Year 5) = $8,569.848 Projected $ in FY34135 (Year 12) = $ 11.,662,379 REAUTHORIZATION REQUIRED IN 12YEARS Median value of owner -occupied housing units — 2015 to 2019 $195,500 NOTE Assuming the standard $50, 000 homestead exemption 0.25 mil = $36.38 [$18.19 current CSAC cost] 0.375 tail = $54.57 ($1t3,19 current CW cost] Q0� Chilciren's °a TRUST ci ;64& F.w Ca J, 7 of 148 2 7/20/21 Big Picture 50% of 4200 births/year in IRC are Medicaid Eligible = 600 children/cohort are in need of appropriate wraparound services from birth. Alice families:40% of our households are ALICE R'ee & reduced lunch: 64.6% of our elementary students are eligible Key indicators (higher than the state): Child abuse & neglect foster cane rates & sexual violence Behavioral health: suicide rate, hospitalizations for mental disorders & substance abuse Juvenile crime: youths arrested Poverty: free/reduced lunch &ALICE Households 0��D ChUretfs �' °"TRUST 5 Prenatal health Healthy birth WHAT OUR Early brain development CHILDREN NEED Quality early childhood education FOR SUCCESS Extended day Extended year Behavioral health support 6 Q�� Childre"S �� T�Us�r of I ii €w C-,T!, 3 7120/21 QUANTIFYING THE NEED 7 0 3,848: Total of estimated vvaltiists $8,551,400: Estimated additional dollars required to meet waitlist need • $2.222: Estimated investmentichild '.':fYiii'i�1�1St:iiri' �.i:l��al�■i-i,. 7,200 children M in our community 4,600 live in, or on the margins of, poverty <2,000 are currently served by quality early childhood programs Average cost of quality early childhood education in IRC is up to $1 1,000/year Quality Extended Day Programs • 17.000 students in public school • 10,0001ive in, or on the margins of, poverty <7,000 are served by current after school services to youth in IRC • Average cost of quality extended day programs in IRC is approximately $2,0001year There is ■ much more... • Extended year • behavioral health • Early Identification Projected Population -- 7-1-2019 (U5 Census) 26,118 Persons under 5 years, percent 3.30ro 862 Persons under 18 years, percent 15.90% 4,153 0�� Childrerfs �°� TRUST � > � Cnatfa 9 of 148 4 7/20/21 RETURN ON INVESTMENT 10 -Policynnakers would be wise to coordinate these early childhood resources into a scaffolding of developmental support for disadvantaged children and provide access to all in need. The gains are significant because quality programs pay for themselves many times over. The cost of inaction is a tragic loss of human and r=��]R!JmiC r)otenril.l tl,nr w-_ rnnnnr offord He'kmanrcF efiart-art James Heckman, University of Chicago, Nobel Prize Winning Economist Work done in counties throughout Florida by entities such as the Children's Trust "manages to save taxpayers' money. Because they are working to improve health, taxpayers spend less on health care. Because they are maksng sure students are ready ro achieve in school, taxpayers spend less on remedial instruction. Because they are heloing families build strong and healthy homes, taxpayers d services and in ration." Dominic Calabro. CEO, FloridaTaxWatch a0D chilclrerf:'s 'TRiJS'T • Tony Carvajal, Exec VP FL Chamber of Commerce, Children's Movement Expanding early learning initiatives provide benefit of $8,60 for every $1 investad. Half of this is from increased earnings of the children when they grow up • Early childhood education is critical to preparing Florida's children for future careers. • james Heckman, University of Chicago, Nobel Prizewinning Economise • Workforce development starts with early childhood development 7-10% per year ROI based on increased school & career achievement as well as reduced costs in remedial education, health & criminal justice expenditures. (Perry Preschool Program) Comprehensive, high quality early childhood programs (birth to 5) yielded a 13% RDI per child, per Te.rm education, economic. health and social outcomes. (AbecedarianlCRRE The earlier the investment, the greater the return. High -quality early childhood education is an effective tool for fighting intergenerational poverty. Children who do NOT receive a quality early education are: • 25% more likely to drop out of school • 40% more likely to become a teen parent • 50% more likely to be placed in special education • 60% less fikely to go to college 70% more likely to be arrested for a violent crime ��D Chilidlrel,�'s Source: K-12 Stem Educotbiz Breakhroughs In Research & Practice TRUST of 6t$ ?P� ccwdy 10 of 148 5 V 2 E a RETURN ON INVESTMENT EARLY GHILDHOOD DEVELOPMENT IS A SMART INVESTMENT The ozirhor lh o jiwesirr7ow. tho, greater the return < Prenatal programs —Programs urgetea toward the ea(Nt y. % 0 Prenatal 0-3 11 BENEFITS �-- Preschool arograms < 5Ghooling 4-5 5chaa! 0 Chil.dren's a TURniT of Wfan lziuer County 12 ---Job Training r post-schoor Adequate & sustainable funding Agency accountability Program oversight meet identified needs Measurable outcomes Alignment & coordination of funding I 11 of 148 6 Lin �'f SE HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JULY 14, 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. A moment of silence was held. 3. Council Member Jones led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Jim Hill - Zoom Council Member Fred Jones Council Member Bob McPartlan Members Absent: Council Member Chris Nunn — excused Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director/CRA Manager Lisa Frazier Leisure Services Director Brian Benton Administrative Services Director/CFO Ken Killgore Asst. Admin. Services Director Cindy Watson Police Chief Dan Acosta 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council There was unanimous consent to pull items 6B, 9A, and 12A from consideration. Council Member McPartlan requested to pull item 8B for discussion. 6. 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. 21.093 A. Proclamation — Treasure Coast Waterwav Clean Ur) Week — July 18-24, 2021 Mayor Dodd read the proclamation and presented Kim Haigler, Environmental Planner, who invited everyone to participate in the cleanup scheduled for Saturday, July 24. 12 of 148 Regular City Council Meeting July 14, 2021 Page 2 21.068 B. Presentation of Certificate of Completion to Council Member Nunn for the Institute for Elected Municipal Officials Trainina Sponsored by John Scott Dailey Florida Institute of Government and Florida Leaaue of Cities This item was pulled from consideration during agenda modifications. 7. PUBLIC INPUT Sherrie Matthews thanked the City Manager for installing a swing in Schuman Park that will accommodate a disabled child. The City Manager stated the credit should be given to the City's Leisure Services Director Brian Benton. Ben Hocker asked if restaurants could continue to have outside seating to recoup some of revenue lost last year. The City Manager advised that businesses have been asked to go back to their original site plans. Mr. Hocker asked if the City ever considered being annexed by Indian River County. Mayor Dodd said he would personally not look into that because if the City was under the County there wouldn't be any better progress on the septic to sewer conversions. Andrea Ring said she still had a concern with the Citizens Budget Review Advisory Committee. Mayor Dodd said that issue has been resolved; there wasn't any law broken to which charges can be applied. Ray Miller, Sebastian, asked if agenda item 10A was part of 12A. Mayor Dodd advised that they would be discussing the Community Development Block Grant. 8. CONSENT AGENDA A. Approval of Minutes — June 23, 2021 Regular City Council Meeting 21.094 B. Approve Admission Charge for Mary Lieder's Women's Dance Event at the Yacht Club on October 9, 2021 from 5:30 pm to 9:30 pm (Transmittal, Application, Receipt) 21.095 C. Approve Barb Snow's "Halloween Boo -Bash Arts and Crafts" Event - Open to the Public at Riverview Park on October 23, 2021 from 9:30 am to 5:00 pm (Transmittal, Application, Receipt, COI) Motion by Council Member McPartlan and SECOND by Council Member Jones to approve consent agenda items A and C passed with a unanimous voice vote of 4-0. Item # 8B Council Member McPartlan stated he couldn't recall when the Community Center or Yacht Club was rented and a cover charge would be allowed; he was not comfortable with the request. The City Manager stated the code requires staff to bring events that charge an entrance fee or serve alcohol to Council to approve or deny. 13 of 148 Regular City Council Meeting July 14, 2021 Page 3 MOTION by Council Member McPartlan and SECOND by Council Member Jones to deny the request by Ms. Lieder to hold an event at the Yacht Club passed with a unanimous voice vote of 4-0. 9. COMMITTEE REPORTS & APPOINTMENTS 21.096 A. Police Pension Board of Trustees - Interview. Unless Waived. Submit Nomination for One Civilian Position — Term to Expire Julv 2025 (Transmittal, Application, Advertisement. Code. List) This item was pulled from consideration during agenda modifications. 10. PUBLIC HEARING 21.091 A. Resolution No. R-21-11 — Communitv Development Block Grant (CDBG) 2020/2021 Amended Annual Action Plan (Transmittal. Amended Plan, R-21-11, Notice, Summarv. Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT 2020/2021 AMENDED ANNUAL ACTION PLAN, RECOGNIZING RECEIPT OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AUTHORIZED BY THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (CARES ACT), AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-21-11 and Mayor Dodd opened the public hearing at 6:21 pm The City Manager said these funds would be coming from the CARES Act but be specifically dedicated to the Community Development Block Grant. The Community Development Director stated this was additional funding that needed to be spent in the lower moderate income areas of the City; some of the eligible items are recreational facilities which staff has identified the Easy Street Park and the Bark Park for either a sidewalk or a playground. In addition, more dollars would be allocated to the sidewalk along North Central Avenue. She noted these type of improvements meet the CARES Act requirement to eliminate the spread of the virus and she recommended approval. Ray Miller asked if there was a breakdown of the allocations. Mayor Dodd went over breakdown on page 46 of the agenda backup. Ben Hocker, Sebastian, said he can see spending the money for sidewalks and housing but there are recreation funds to provide playgrounds. MOTION by Vice Mayor Hill and SECOND by Council Member Jones to approve Resolution No. R-21-11. 14 of 148 Regular City Council Meeting July 14, 2021 Page 4 Council Member McPartlan said he appreciated this program and would like to see it help the elderly and veterans but they never apply. He suggested that the Sebastian Daily might do an article to get the word out. Roll call: Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - absent Mayor Dodd - aye Motion carried. 4-0 11. UNFINISHED BUSINESS 21.021 A. Request Council Direction on How to Proceed with the Disposition of the Harbor Liahts Property. 1215 Indian River Drive (Transmittal) 6:35 pm The City Manager stated that he could put the bid back out without the mandatory pre - bid meeting and see what responses they receive or tear down the building and sell the lot or whatever other options Council would like to see happen but for right now the roofs are falling in and it is an eyesore. Mayor Dodd said he wasn't in favor of selling the property; he would be in favor of tearing the building down and put a few picnic tables in there. He said when they sell something they should gain from the sale and he didn't see any advantage in selling it right now. Vice Mayor Hill said he agreed; there is no rush in getting rid of the property; a future Council could determine what to do with the property. MOTION by Mayor Dodd and SECOND by Council Member Jones to direct the City Manager to demolish the structure and authorize him to spend up to $40,000 without coming back to Council. Council Member Jones said the building is definitely an eyesore and they are moving in the right direction. Zoom Input Sharon Herman said the idea of putting a couple of picnic tables there was a fantastic idea. Roll call: Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - absent Mayor Dodd - aye Vice Mayor Hill - aye Motion carried. 4-0 15 of 148 Regular City Council Meeting July 14, 2021 Page 5 21.061 B. Approve CSA #3 Under the Continuina Enaineerina Services Aareement with Schulke. Bittle & Stoddard. LLC for Construction Enaineerina Inspection (CEI) Services Related to the Construction of Hanaar D at the Sebastian Municipal Airport in the Amount of $32.705 (Transmittal. CSA #3. Exhibits) The City Manager asked Council to approve the inspection agreement for Hangar D. Mayor Dodd noted the $32,705 would be coming from airport reserve fund as opposed to the general fund. MOTION by Vice Mayor Hill and SECOND by Council Member McPartlan to approve CSA #3 with Schulke, Bittle & Stoddard for inspection services related to the construction of Hangar D. Roll call: Council Member McPartlan - aye Council Member Nunn - absent Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Motion carried. 4-0 12. NEW BUSINESS 21.097 A. Approve the Recommended Spendina Plan for the Coronavirus Local Fiscal Recovery Funds Proaram Established by the American Rescue Plan Act (Transmittal) This item was pulled from consideration during agenda modifications. 21.088 B. Approve Work Authorization (CSA#2) for Professional Enaineerina Services Associated with Developina a Structural Evaluation of the Current Crab E Bill's Location in the Workina Waterfront from Johnson. Mirmiran & Thompson (JMT) in the Amount of $19,640 (Transmittal. CSA#2. Proposal. Scope) The City Manager said the price was negotiated with JMT to evaluate and look at the structure to see what it will take to make it sound. Mayor Dodd said if they find the building can be modified to make it sound and it will have to be brought up to current code, they will then need to evaluate the mechanicals which could be significant. He asked if they are sure enough that the building may not make it, that it may not be worth doing the estimate as part of the process or are they thinking that if they receive enough information from the structure survey they might not want to fix the building. The City Manager stated that is why they must do the study to find out the number, see what they need to do and go from there. Mayor Dodd said he was concerned it will only be a walk-through. The City Manager said there wouldn't be constructive testing. 16 of 148 Regular City Council Meeting July 14, 2021 Page 6 Council Member Jones said he didn't know if a walk through would tell how structurally sound the building really is. The City Manager said a forensic report would be significant and probably not worth doing. He said a good thing is the majority of the building is exposed. Mayor Dodd said he was concerned that they would spend $19,600 and get a report indicating that they may want to spend $100,000 for a detailed evaluation. The City Manager said the $19,600 would tell them whether they should repair or reconstruct the building. Vice Mayor Hill said it is an important building with incredibly history; his choice would be to keep the building and bring it back to code. He said they need to know what the numbers will be before they go forward because it is the centerpiece of the waterfront community. Ben Hocker said there is a business in the building and if it is closed, he asked what is the City's liability of Crab E. Bills, noting it could put the man out of business if construction goes on for a year. Andrea Ring said she was on a committee to restore a church and to bring it up to code which would cost a pretty penny. She suggested saving a piece of it and building a new building. Zoom Input Sharon Herman said they should get the evaluation, see what can and cannot be done with the building and then take a solid look as to what needs to be saved, preserved or replaced. MOTION by Council Member McPartlan and SECOND by Council Member Jones to approve the CSA#2 for engineering services by JMT to evaluate the Crab E. Bill' s location. Roll call: Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - absent Motion carried. 4-0 21.098 C. Approve the Rotary Club of Sebastian Brewfest Special Annual Event Aqreement and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal. Aareements) The City Manager said this item was a request from the Rotary Club to hold a new event every year much like the current events, but this agreement will allow the club to be responsible for some of the event functions. Marc Gingras, Rotary Club of Sebastian, said they have put together another event for the City to enjoy craft beer, food trucks and give back to City. 17 of 148 Regular City Council Meeting July 14, 2021 Page 7 Mayor Dodd said he would like to see the 25% reimbursement to the City be earmarked for upgrades to Riverview Park. MOTION by Mayor Dodd and SECOND by Council Member Jones to approve the agreement with the conditions that any funds the City receives be used for improvements to Riverview Park. Council Member Jones asked that decorative bike racks be purchased for the park. Vice Mayor Hill asked that the improvement area include the overflow parking, the Splash Pad, Riverview Park, the Veterans Memorial area, the boat parking, and the portion on the east side of the Park. AMENDED MOTION by Mayor Dodd and SECOND by Council Member Jones to have the event proceeds improve the Riverview Park complex as suggested by Vice Mayor Hill. Roll call: Mayor Dodd - aye Vice Mayor Hill - aye Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - absent Motion carried. 4-0 13. CITY ATTORNEY MATTERS - None 14, CITY MANAGER MATTERS The City Manager advised that the County will be doing some redistricting based on the 2020 Census and suggested that a Council Member might want to attend the meetings. He said in an effort to make contacts for storm water master plan funding, he had a successful meeting with Senator Scott's aide. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Hill - None B. Council Member Jones reported that yesterday, Indian River County voted to be a Second Amendment County in Florida, making it the 45" county to join. C. Council Member McPartlan asked if the Veterans Council of Indian River County would be making a presentation at the next Council meeting in addition to the unveiling of the veterans parking signs. The City Manager confirmed they would be. Council Member McPartlan said he thought that Council would have discussion on how the $3.3M American Rescue monies would be spent. He asked if any other Council 18 of 148 Regular City Council Meeting July 14, 2021 Page 8 Members knew before the agenda came out. Mayor Dodd said he saw it when the agenda came out noting that is the reason it was pulled. He said they should probably have a public workshop. Council Member McPartlan said this may be considered found money but money may be hard to come by in the future. He would be support a workshop. D. Council Member Nunn - Absent E. Mayor Dodd Mayor Dodd thanked staff and the Charter Officers for the work that they are doing. He said in regard to the continuing saga of vegetation growing in Hardee Park, the contractor is trying some innovative ways to get rid of the growth. The City doesn't intend to let it get back to where it was before. He wanted the residents to know the City is staying on top of the ditches as much as possible but at this time of the year, the weeds double every six or seven days. 17. Being no further business, Mayor Dodd adjourned the regular City Council meeting at 7:12 p.m. Approved at the July 28, 2021 Regular City Council meeting. Mayor Ed Dodd ATTEST: Jeanette Williams, City Clerk 19 of 148 ONOF SEIMMAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: July 28, 2021 AGENDA ITEM TITLE: Resolution Accepting the 3rd Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2020-2021 Annual Budget, RECOMMENDATION: Move to approve Resolution R-21-12. 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 needed to use unexpended Police equipment allocations for the Police Camera System payment; using Discretionary Sales Tax (DST) and Stormwater Reserves to prepare the Stormwater Master Plan; using DST Reserves to update the Email Server for cybersecurity threats; using General Fund Reserves to replace the Yacht Club Seawall; using Stormwater Reserves for Engineering Ditch Improvements between Gardenia and Evernia Street, and; using DST Reserves for an Electronic marquee Sign at City Hall. No further adjustments during the quarter require City Council approval. In accordance with the authority given by the Annual Budget Resolution, the City Manager can approve other budget transfers between accounts within Departments and to make adjustments necessary to implement programs, projects and expenditures that have been authorized by the City Council. Thus, the City Manager's adjustments included budget changes within his $15,000 spending authority, adjustments between budget accounts within the same departments, adjustments to closeout capital projects, as well as adjustments allocating additional funding sources. The above adjustments are listed in Exhibit "A" that is an attachment to the Resolution If Aqenda Item Requires Expenditure of Funds: Budgeted Amount: As per Exhibit "A" of the Resolution Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. Resolution R-21-12 and Attachment "A" 2. 3rd Quarter Financial Report, including Capital Project Status, Investments/Loans and Accomplishments Administrative Services Depar t Revie City Attorney Review: Z/1111 Procurement Division R4w, if Jpplrcable: 461 City Manager Authh rization Date:— � 72, 20 of 148 RESOLUTION NO. R-21-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021 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 June 30, 2021 indicated that there were no 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, 2020 and ending September 30, 2021 has been amended and adjusted as necessary within the quarter ending June 30, 2021; 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 280' day of July 2021. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd Approved as to form and legality for the reliance by the City of Sebastian only: Manny Anon, Jr. City Attorney 21 of 148 EXHIBIT "A" OF RESOLUTION R-21-12 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED JUNE 30, 2021 ADJUSTMENTS PREVIOUSLY APPROVED BY CITY COUNCIL: Budget Before Budget Budget After Project/Account Change Adjustment Change Police Body and In -Car Camera System 0 $39,292 $39,292 Police Vehicles & Equipment $728,500 ($39,292) $689,208 ------------------------------------------------------------------------------------------------ Professional Services $200,000 $500,000 $700,000 Appropriated from DST Fund Reserves ($10,798,855) ($350,000) ($11,148,855) Appropriated from Stormwater Reserves - ----------------------------------------------------------------------------------- ($280,478) ($150,000) ($430,478) Computer Supplies 0 $28,519 $28,519 Appropriated from DST Fund Reserves ($11,148,855) ($28,519) ($11,177,374) ------------------------------------------------------------------------------------------------ Infrastructure 0 $358,962 $358,962 Appropriated_from General Reserves ........... ------------ - - ($127,266)........ ($358,962)____ ($486,228) Professional Services 0 $38,633 $38,633 Appropriated from Stormwater Reserves ------------------------------------------------------------------------------------------------ ($430,478) ($38,633) ($469,111) Improvements Other Than Buildings $176,010 $29,341 $205,351 Appropriated from DST Fund Reserves ($11,137,374) ($29,341) ($11,166,715) Project/Account None During This Quarter Reason for Adjustment 04/14/21 Approved using unobligated DST Funds allocated for other Police: Vehicles & Equipment for payment on Camera System. 04/28/20 Approved using DST and Stormwater Fund Reserves to increase the $200,000 budgeted from Stormwater Funds to prepare the Stormwater Master_Plan. 04/28/20 Approved using DST Reserves to update the Email Server to protect against the_ latest cybersecuritythreats_______ _____ 04/28/21 Approved using General Fund Reserves to replace Yacht Club Seawall. ---------------------------------------------- 05/26/21 Approved using Stormwater Reserves for engineering needed to fill a ditch between Gardenia and Evemia Street. ---------------------------------------------- 05/12/21 Approved using DST Reserves for City Hall Electronic Marquee Sign. CRA and Recreation Impact Funds were already budqeted for one at Riverview Park. ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: Budget Before Budget Budget After Change Adjustment Change Reason for Adjustment ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER: Budget Before Budget Budget After Project/Account Change Adjustment Change Various Police Accounts $20,600 $11,458 $32,0150 JAG Grant Revenues 0 ($11,458) ($11,458) ----------------------------------------------------------------------------------------------- Vehicles & Equipment $20,918 $7,457 $28,375 Regular Salaries $523,481 ($4,783) $518,698 Sale of Surplus Materials 5,000) ($1,337) $6,337) Sale of Fixed Assets X5,009) $11337 46,337 Streets/Roads $605,913 $7,147 $613,060 Sidewalks/Bikepaths $55,860 $3,573) ($3,574) $52,287 Appropriated_from Cemetery Reserves ($132,362 ($135,936) Appropriated from DST Reserves ($11,177,374) $40,000 ($11,137,374) Infrastructure $40,000 ($40,000) 0 ---------------------------------------------- Appropriated from DST Reserves --- ---- -- -- ....... ($11,166,715) ______________ $14,652 - ($11,152,063) Improvements Other Than Buildings ____________$619,762 -------------------- ----------------- ($14,652) ____ $605,110 Appropriated from DST Reserves ($11,152,063) $181 ($11,151,882) Computer Supplies $28,519 ($181) $28,338 Reason for Adjustment Adjustment for receipt of JAG Grant to be used for training, supplies and equipment. ----------------------------------------- ----- Applies salary savings from vacancies in the Police Department and proceeds from auctioning surplus materials and equipment to purchase a cart to use at COPE events. - -------------------------- --- ---------------- Uses unexpended Sidewalk/Bikepath project funding and Cemetery Reserves for engineerins services for roadways:_ -____--- Closes N. Central Avenue Event Plaza project which is being deferred. Closes Pickleball project and returns -unexpended balance- to -DST- Reserves. ---------------- ---------- Closes Email Server project and returns unexpended balance to DST Reserves. 22 of 148 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT THIRD QUARTER ENDING JUNE 30, 2021 SUMMARY THE THIRD QUARTER FOR GENERAL FUND ENDED WITH 78.3% - a OF THE TOTAL BUDGETED REVENUES RECEIVED DUE FROM I General Fund Revenue HIGHER PAYMENTS OF INTERGOVERNMENTAL REVENUES. ALSO NOTED IS THAT REPORTED FRANCHISE FEES AND UTILITY TAXES ONLY INCLUDE 8 MONTHLY PAYMENTS. OVERALL, DEPARTMENTS HAVE SPENT ONLY 70.3% OF THE BUDGETED AMOUNTS. ;,, 1 ,• GENERAL FUND SUMMA'RY . ' . "_ "'• "„' ' Budget YTD % Beginning Balance $ - $ 5,703,001 Ad Valorem Taxes 4,563,724 4,516,685 99.0% Franchise Fees 1,462,101 850,597 58.2% Utility Taxes 3,122,777 1,832,611 58.7%e Hurricane Recoveries 143,666 0.0% Intergovernmental 2,341,085 2,073,729 88.6%4 Charges for Service 744,033 559,495 75.2% Licenses and Other 578,700 338,255 58.5% Transfers From Other Funds 185,000 112,500 60.8% Total Revenues $ 13,141,086 $ 10,283,872 78.3% From Fund Balance 500,360 - 0.0% Total Sources $ 13,641,446 $ 10,283,872 75.4% City Council 59,737 38,163 63.9% City Manager 292,499 209,718 71.7% City Clerk 217,040 150,292 69.20k CityAttomey 201,426 136,750 67.9% Admin Services 707,722 494,035 69.8% MIS Division 516,961 387,769 75,0% Police Department 6,416,362 4,714,320 73.5% Roads and Drainage 1,040,07 687,103 6610% Public Facilities 1,095,203 766,505 70.0% Leisure Services 1,122,549 765,477 68.2% Community Dev. 517,184 366,228 70.8% Non -Departmental 1,348,812 795,705 %0% Total Expenditures $ 13,536,432 $ 9,512,065 70.3% Unappropriated 105.014 - nla Total Uses 3 13,641,446 $ 9,512,065 69,71/a Ending Unappropriated Fund Balance $ 6,474,808 THE $143,666 ON HURRICANE MATTHEW STILL REMAINS UNPAID AND WAITING ON A DETERMINATION FROM FEMA. FEMA RECENTLY REQUESTED MORE INFORMATION, SO WE HOPE THEY MAY ULTIMATELY ACT ON THIS. $2,250 Hurricane Reimbursements ' $2,000 $143,666 More Due $1, 75a $1,500 Eligible Received - $1,250 $1,000 $750 $500 $250 $ Matthew Irma Dorian Totals _ ligible $1,581,745 $547,325 $34,104 $2,163,174 IReceive d $1,438,079 $547,325 $34,104 $2,019,508 5,000 °cdt, [,d 3,dg,t ®Yurto Oat. 9 4,000 cm 3,000 2,000 General Fund Expenditures WMN-d budget 11Yca,1o0- s,soo s,soo a,soo 3,500 2,5cc 1,5co Sao o`N6s "e•` on'ga° 4 sae S Nam' m�,s 'ar ALTHOUGH WE HAD THE UNANTICIPATED EXPENDITURE OF $358,786 TO REPAIR THE YACHT CLUB SEAWALL, IT STILL SEEMS LIKELY THAT WE WILL END THE YEAR WITH OUR TARGET OF $5 MILLION IN RESERVES. GENERAL FUND BALANCE FORECAST Fund Balance R&R Account Beginning Reserves 10101/20 $ 5,428,001 $ 275,000 Year to Date Revenue 10,283,872 i Fund BalancelR&R Changes to Date: Unfinished 2020 Projects (39,379) Replaced Air Conditioner (57,964) Adjusted fort% Raises (123,846) Adjusted for Holiday Bonuses (11,550) Adjusted for 1% Raises (46,492) Server Room Air Conditioner (6,221) Hardee Park Restroom Lock (1,224) Working Waterfront Seawall (14,837) Community Center Roof (5,000) Park Irrigation Repairs (2,730) , Yacht Club Seawall (358,962) Year to Date Uses $ (580,229) $ (87,976) Other Expenditures (8,843,860) Current Reserves $ 6,287,784 $ 187,024 ' Expected Changes to Year End: Additional Revenues 3,057,214 - Additional Expenditures (3,829,381) - Ending Reserves $ 5,515,617 $ 187,024 Contingency Balance $ 105,014 Adjust R&Rto $275,000 (87,976) 87.976 Adjusted Reserves $ 5,532,655 $ 275,000 Assigned Funds (748,742) - Net Unassigned Reserves $ 4,783,913 ff 275,000 Total Unassigned Reserves S 5,055,913 Projected in 2021 Budget ff 5,141,412 23 of 148 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT THIRD QUARTER ENDING JUNE 30, 2021 SUMMARY MOST OF THE STORMWATER FEES ARE COLLECTED. GOLF COURSE BALANCES EXCLUDE THE LOANS FROM THE PROJECTED NET AVAILABLE FUNDS ARE HIGHER THAN THE GENERAL FUND AND BUILDING FUND WHICH WERE 2021 BUDGET PROJECTIONS. COMMMITTED FOR IRRIGATION/CLUBHOUSE WORK. ENDING „ RESOURCES ARE PROJECTED TO BE BETTER THAN WHEN STORMWATER FUND SUMMARY WE PREPARED THE 2021 BUDGET PROJECTIONS. Budget YTD % GOLF FUND SUMMARY Beginning Fund Balance $ $ 1,375,749 Stormwaler Fees 2,039,714 1,953,246 95.8°% Budget YTD % Interest 44,844 3,710 8,3% ' Beginning Resources $ $ (640,608) Total Revenues $ 2,084,558 $ 1,956,958 93.9% Charges for Service 1,436,025 1,227,634 85.5% _ From Fund Balance 280,478 0.0% i Rent 30,000 25,001 83.3% Total Sources $ 2,365,036 $ 3,332,705 140.9% Miscellaneous 8,460 6,279 74.2% Operating Expenditures 1,533,653 1,021,491 66.6% Total Revenues 1,474,485 1,258,914 85.4% Capital Outlay 254,200 123,824 48.7% From Fund Balance 9,576 nla Contingency 31,202 - 0,0% Pro Shop Sales 108,172 76,827 71.0% Transfer to Capital Projects 545,981 1,325 0,2°I° Pro Shop Purchases (70,000) (56,540) 80.8% Total Uses $ 2,365,036 $ 1,146,640 48.5% Sales vs. Cost of Sales 38,172 20,267 53.1% Ending Fund Balance $ $ 2,186,065 - Total Sources $ 1,512,657 $ 1,279,201 84.61I6 Expected Change to Year End: Operating Expenses $ 1,382,900 $ 1,023,165 74.0°/° Additional Revenues 127,602 Additional Expenditures (512,162) Carl Loan Payments 56,391 51,691 91.7% Additional Capital Outlay (130,316) Total Operating Expense 1,439,291 1,074,856 74.7% Transfers to Capital Projects (544,656) General Fund Payment 35,000 n1a . 9130121 Net Available Funds $ 1,126,473 Building Fund Payment 38,366 31,972 83.3% Projected in 2021 Budget $ 804.968 Total Uses $ 1,612,657 $ 1,106,828 73.2% Total Ending Resources $ $ (468,235) ExpectednalSoto Year End: ChangAIRPORT REVENUES ARE HIGHER THAN 75% OF BUDGET Additional Sou 233,456 AND EXPENSES ARE 69.7%. THE DST LOAN IS PAID IN ONE PAYMENT IN THE LAST QUARTER. BEGINNING AND ENDING Uuses Additional Lf (475,829) RESOURCES HAS BEEN ADJUSTED TO EXCLUDE THE 9130121 Ending Resources $ (640,608) $527,891 LONG-TERM LIABILITY FOR THE DST LOAN. Projected in 2021 Budget AIRPORT FUND SUMMARY BUILDING FUND ENDING RESOURCES REMAIN AT GOOD Budget YTD % LEVELS. THIS EXCLUDE$ THE STATE MANDATED REBATE Beginning Resources $ $ 338,559 PAYABLE AND THE $1,175,140 LONG-TERM ADVANCE DUE FROM THE GOLF COURSE. Rents 479,191 374,822 78.2°I° Investment Income 1,065 546 61.3% BUILDING FUND SUMMARY Miscellaneous 83,314 69,307 83.2% Budget YTD % Total Revenues 563,510 444,675 78.9% Beginning Resources $ . 5 821,128 Licenses and Permits 840,800 965,522 114.8% From Fund Balance 1.690 0.0% ' Charges for Service 15,300 23,676 154.7% Total Sources $ 565,260 $ 783,234 Fines and Forfeits 6.350 4,050 63.8% Miscellaneous 18,922 11,098 58.71/6 `- Operating Expenses 380,505 277,486 72,9% Golf Fund Loan Payments 38,366 26,775 75.0% a General Fund Advance 150,000 112,500 75.0% Total Revenues 919.738 1,033,121 112.3% Frorn Fund Balance 37,861 - 0.0% DST Fund Loans 30,500 - 0.0% Total sources 957,599 1,033,121 107.9% Capital Outlay 4,255 4.255 100.0% ' Operating Expenses 898,053 555,796 61.9% Total Uses $ 505,260 $ 394,241 69.7% Capital Outlay 46,957 22,957 48.9% Total Ending Resources $ 388,993 Contingency 12,589 - nfa Total Uses $ 957,599 $ 578,753 60.4% Expected Change to Year End; Total Ending Resources $ 1,275,496 Additional Revenues 118,895 Expected Change to Year End: Addditional Uses (171,019) Additional Revenues (1-13,383) Additional Uses (378,846) 9130l21 Ending Resources $ 336,869 9130121 Ending Resources $ 703,267 Projected in 2021 Budget S (38,046) Projected in 2021 Budget $ 71i4,730 24 of 148 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/21 2017/2018 2018/2019 2019/2020 2020/2021 2020/2021 2020/2021 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget GENERAL FUND TAXES -6,443,086.70 -6,414,431.78 -6,520,843.74 -7,199,893.30 -9,148,602.00 78.70% LICENSES & PERMITS -148,557.23 -129,646.66 -127,799.85 -148,399.20 -149,200.00 99.46% INTERGVT'L REVENUE -3,290,626.32 -2,461,725.97 -1,836,443.48 -2,073,728.86 -2,496,209.00 83.08% CHARGES FOR SERVICE -303,708.80 -444,951.03 -445,517.76 -559,495.46 -744,033.00 75.20% FINES AND FORFEITS -33,063.77 -45,155.16 -44,094.67 -33,016.48 -50,900.00 64.87% MISC. REVENUE -253,287.11 -317,441.11 -318,255.61 -156,838.24 -381,274.00 41.14% TRANSFERS IN -543,749.94 -29,999.97 -18,749.97 -112,500.00 -185,000.00 60.81% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -486,228.00 0.00% GENERAL FUND REVENUE -11,016,079.87 -9,843,351.68 -9,311,705.08 -10,283,871.54 -13,641,446.00 75.39% CITY COUNCIL 37,146.78 35,275.53 35,663.34 38,163.19 59,737.00 63.89% CITY MANAGER 351,925.97 217,785.09 198,730.64 209,718.11 292,499.00 71.70% CITY CLERK 162,181.66 154,638.56 175,374.46 150,292.00 217,040.00 69.25% LEGAL 75,298.77 81,062.20 138,349.21 136,749.96 201,426.00 67.89% ADMINISTRATIVE SERVICES 483,082.19 507,182.85 522,703.04 494,035.24 707,722.00 69.81% M.I.S. DIVISION 290,236.70 348,210.72 406,569.90 387,769.12 516,961.00 75.01% AUDIO VISUAL 0.00 0.00 0.00 0.00 0.00 0.00% POLICE ADMINISTRATION 693,916.92 655,353.84 845,157.88 642,228.17 871,338.00 73.71% POLICE PATROL 2,269,535.03 2,657,802.75 2,571,733.43 2,682,723.99 3,563,272.00 75.29% CODE ENFORCEMENT DIVISION 131,501.55 135,246.63 137,633.85 137,138.15 197,439.00 69.46% POLICE INVESTIGATIONS 591,453.81 617,566.22 810,730.04 842,002.18 1,121,954.00 75.05% POLICE COMMUNICATIONS 447,006.72 447,334.90 445,377.30 410,227.57 662,359.00 61.93% ROADS AND DRAINAGE 627,652.30 679,794.88 730,416.57 687,102.92 1,040,937.00 66.01% STORMWATER UTILITY DIVISION 791,738.67 0.00 0.00 0.00 0.00 0.00% CENTRAL GARAGE 160,714.22 176,708.99 147,759.12 154,598.68 214,824.00 71.97% FACILITIES MAINTENANCE 302,592.86 273,340.82 418,870.53 466,876.45 648,857.00 71.95% LEISURE SERVICES 651,203.41 875,285.56 812,204.76 765,477.21 1,122,549.00 68.19% CEMETERY 140,255.83 134,031.65 135,288.61 145,030.43 231,522.00 62.64% COMMUNITY DEVELOPMENT 275,703.41 257,128.01 397,876.39 366,228.29 517,184.00 70,81% NON -DEPARTMENTAL 872,708.89 864,791.20 805,502.30 795,703.67 1,453,826.00 54.73% GENERAL FUND EXPENDITURES 9,345,855.69 9,118,540.40 9,735,941.37 9,512,065.33 13,641,446.00 69.73% 25 of 148 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/21 2017/2018 2018/2019 2019/2020 2020/2021 2020/2021 2020/2021 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget AMERICAN RESCUE PLAN INTERGVT'L REVENUE 0.00 0.00 0.00 -1,666,063.50 0.00 100.00% MISC. REVENUE 0.00 0.00 0.00 -331.67 0.00 100.00% ARPA FUND REVENUE 0.00 0.00 0.00 -1,666,395.17 0.00 0.00% OPERATING EXPENSES 0.00 0.00 0.00 0.00 0.00 0.00% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% DEBT SERVICE 0.00 0.00 0.00 0.00 0.00 0.00% TRANSFERS OUT 0.00 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% ARPA FUND EXPENDITURES 0.00 0.00 0.00 0.00 0.00 0.00% LOCAL OPTION GAS TAX TAXES -468,071.00 -463,994.87 -454,512.16 -475,736.47 -710,000.00 67.01% INTERGVT'L REVENUE -12,908.00 0.00 -13,693.92 -14,104.70 -14,105.00 100.00% MISC. REVENUE -4,120.77 -6,388.71 -1,894.98 -311.93 -13,808.00 2.26% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -314,918.00 0.00% LOGT FUND REVENUE -485,099.77 -470,383.58 -470,101.06 -490,153.10 -1,052,831.00 46.56% OPERATING EXPENSES 13,834.70 29,384.24 5,400.00 92,972.10 101,965.00 91.18% CAPITAL OUTLAY 27,570.45 0.00 105,554.31 34,372.00 160,945.00 21.36% DEBT SERVICE 242,444.90 239,186.60 238,886.27 243,398.19 243,340.00 100.02% TRANSFERS OUT 74,456.36 424,060.55 606,893.40 494,189.82 546,581.00 90.41% LOGT EXPENDITURES 358,306.41 692,631.39 956,733.98 864,932.11 1,052,831.00 82.15% DISCRETIONARY SALES TAX TAXES -2,305,098.74 -2,379,465.56 -2,295,077.85 -2,596,165.65 -3,581,025.00 72.50% MISC. REVENUE -23,354.22 -68,482.78 -42,844.90 -9,358.02 -89,178.00 10.49% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -11,151,882.00 0.00% DST FUND REVENUE -2,328,452.96 -2,447,948.34 -2,337,922.75 -2,605,523.67 -14,822,085.00 17.58% OPERATING EXPENSES 0.00 1,500.00 4,830.00 0.00 0.00 0.00% TRANSFERS OUT 1,904,517.84 1,193,106.26 1,237,760.81 1,766,806.20 14,087,501.00 12.54% TO FUND BALANCES 0.00 0.00 0.00 0.00 734,584.00 0.00% DST FUND EXPENDITURES 1,904,517.84 1,194,606.26 1,242,590.81 1,766,806.20 14,822,085.00 11.92% RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -34,943.41 -41,331.60 -31,747.83 -27,991.59 -46,331.00 60.42% TRANSFERS IN -366,531.86 -404,673.34 -403,239.68 -457,671.66 -443,884.00 103.11% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -210,248.00 0.00% RRD REVENUE -401,475.27 -446,004.94 -434,987.51 -485,663.25 -700,463.00 69.33% OPERATING EXPENSES 141,469.51 292,627.74 219,810.68 189,726.22 263,294.00 72.06% GRANTS AND AIDS 34,676.03 0.00 15,000.00 0.00 40,000.00 0.00% TRANSFERS OUT 279,494.90 30,000.00 14,964.75 95,860,21 252,171.00 38.01% TO FUND BALANCES 0.00 0.00 0.00 0.00 144,998.00 0.00% RRD EXPENDITURES 455,640.44 322,627.74 249,775.43 285,586.43 700,463.00 40.77% PARKING IN LIEU OF FUND MISC. REVENUE -10,930.79 -1,057.12 -3,629.59 -11,382.11 -4,376.00 260.10% PARKING IN LIEU OF REVENUE -10,930.79 -1,057.12 -3,629.59 -11,382.11 -4,376.00 260.10% TO FUND BALANCES 0.00 0.00 0.00 0.00 4,376.00 0.00% PARKING IN LIEU OF EXPENDITURES 0.00 0.00 0.00 0.00 4,376.00 0.00% 26 of 148 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/21 2017/2018 2018/2019 2019/2020 2020/2021 2020/2021 2020/2021 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget RECREATION IMPACT FEE FUND MISC. REVENUE -116,126.68 -101,692.72 -102,660.95 -148,950.04 -155,000.00 96.10% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -135,317.00 0.00% REC. IMPACT FEE REVENUE -116,126.68 -101,692.72 -102,660.95 -148,950.04 -290,317.00 51.31% TRANSFERS OUT 440,096.10 212,663.94 330,180.72 103,966.57 255,317.00 40.72% TO FUND BALANCE 0.00 0.00 0.00 0.00 35,000.00 0.00% REC. IMPACT FEE EXPENDITURES 440,096.10 212,663.94 330,180.72 103,966.57 290,317.00 35.81% STORMWATER UTILITY FUND MISC. REVENUE -999,784.57 -1,958,411.29 -1,968,092.80 -1,956,956.18 -2,084,558.00 93.88% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -469,111.00 0.00% STORMWATER REVENUE -999,784.57 -1,958,411.29 -1,968,092.80 -1,956,956.18 -2,553,669.00 76.63% PERSONAL SERVICES 0.00 661,094.89 496,418.82 510,428.28 708,142.00 72.08% OPERATING EXPENSES 139,990.31 387,319.09 351,671.78 511,062.79 864,144.00 59.14% CAPITAL OUTLAY 0.00 18,198.16 0.00 123,823.94 254,200.00 48.71% TRANSFERS OUT 524,999.97 14,168.50 20,859.72 1,325.00 695,981.00 0.19% TO FUND BALANCE 0.00 0.00 0.00 0.00 31,202.00 0.00% STORMWATER EXPENDITURES 664,990.28 1,080,780.64 868,950.32 1,146,640.01 2,553,669.00 44.90% LAW ENFORCE FORFEITURE FUND FINES AND FORFEITS -100.00 -150.00 -133.33 -15,000.00 -16,000.00 93.75% MISC. REVENUE -587.41 -2,310.50 -1,633.62 -1,536.06 -250.00 614.42% FORFEITURES FUND REVENUES -687.41 -2,460.50 -1,766.95 -16,536.06 -16,250.00 102.76% OPERATING EXPENSES 5,007.03 2,566.04 5,062.00 1,500.00 0.00 0.00% CAPITAL OUTLAY 0.00 0.00 0.00 15,000.00 15,000.00 100.00% GRANTS AND AIDS 1,500.00 2,500.00 1,000.00 0.00 0.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,250.00 0.00% FORFEITURE FUND EXPENDITURES 6,507.03 5,066.04 6,062.00 16,500.00 16,250.00 101.54% STORMWATER DEBT SERVICE FUND MISC. REVENUE -2,971.97 -4,663.92 -2,079.16 -345.19 -1,000.00 34.52% TRANSFERS IN -302,843.97 -302,185.53 -301,016.25 -300,720.78 -400,961.00 75.00% STORMWATER DEBT REVENUE -305,815.94 -306,849.45 -303,095.41 -301,065.97 -401,961.00 74.90% DEBT SERVICE 404,077.60 403,659.30 402,137.20 400,528.60 400,529.00 100.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,432.00 0.00% STORMWATER DEBT EXPENDITURES 404,077.60 403,659.30 402,137.20 400,528.60 401,961.00 99.64% 27 of 148 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 06/30/21 2017/2018 2018/2019 2019/2020 2020/2021 2020/2021 2020/2021 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget GOLF COURSE FUND INTERGOVERNMENTAL REVENUE -50,000.00 0.00 0.00 0.00 0.00 0.00% CHARGES FOR SERVICE -1,056,222.96 -1,220,665.21 -1,268,343.37 -1,247,920.99 -1,464,621.00 85.20% MISC. REVENUE -67,488.66 -30,776.74 -30,578.47 -31,280.34 -38,460.00 81.33% TRANSFERS IN -11,320.00 0.00 0.00 0.00 0.00 0.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -9,576.00 GOLF COURSE FUND REVENUE -1,185,031.62 -1,251,441.95 -1,298,921.84 -1,279,201.33 -1,512,657.00 84.57% ADMINISTRATION 807,106.40 539,279.68 530,735.51 542,531.01 753,765.00 71.98% MAINTENANCE 424,469.51 426,640.39 436,737.23 436,750.68 604,415.00 72.26% GOLF COURSE CARTS 138,513.71 123,437.10 126,359.14 127,546.47 154,477.00 82.57% GOLF COURSE FUND EXPENSE 1,370,089.62 1,089,357.17 1,093,831.88 1,106,828.16 1,512,657.00 73.17% AIRPORT CHARGES FOR SERVICE -12,963.03 -3,332.79 0.00 0.00 0.00 0.00% MISC. REVENUE -376,978.83 -429,843.41 -429,385.92 -444,674.97 -563,570.00 78.90% TRANSFERS IN 0.00 0.00 -4,691.00 0.00 0.00 0.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -1,690.00 0.00% AIRPORT REVENUE -389,941.86 -433,176.20 -434,076.92 -444,674.97 -565,260.00 78.67% PERSONAL SERVICES 113,961.05 99,423.76 51,794.19 49,767.56 71,578.00 69.S3% OPERATING EXPENSES 166,423.42 227,482.93 208,507.82 227,718.83 303,977.00 74.84% CAPITAL OUTLAY 0.00 19,079.11 10,516.33 0.00 9,205.00 207.27% DEBTSERVICE 0.00 0.00 0.00 0.00 30,500.00 0.00% TRANSFERS OUT 18,749.97 33,321.17 18,749.97 112,500.00 150,000.00 22.21% AIRPORT EXPENSE 299,134.44 379,306.97 289,568.31 389,986.39 565,260.00 68.99% BUILDING FUND LICENSES & PERMITS -683,716.05 -623,986.52 -640,491.82 -965,521.78 -840,800.00 114.83% CHARGES FOR SERVICE -10,908.43 -10,384.94 -12,198.72 -23,675.76 -15,300.00 154.74% FINES AND FORFEITS -4,786.00 -5,933.50 -4,048.00 -4,050.00 -6,350.00 63.78% MISC. REVENUE -8,386.45 -12,664.42 -8,400.02 -11,098.62 -18,922.00 58.65% TRANSFERS IN -31,744.00 -28,775.97 -28,775.97 -28,774.S3 -38,366.00 75.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -37,861.00 0.00% BUILDING REVENUES -739,540.93 -681,745.35 -693,904.53 -1,033,120.69 -9S7,599.00 107.89% PERSONAL SERVICES 382,717.49 416,741.07 437,848.10 454,728.20 745,793.00 60.97% OPERATING EXPENSES 80,200.36 72,766.39 114,226.33 101,068.26 152,260.00 66.38% CAPITAL OUTLAY 0.00 0.00 0.00 234.51 46,957.00 0.50% TO FUND BALANCES 0.00 0.00 0.00 0.00 12,589.00 0.00% BUILDING EXPENSE 462,917.85 489,507.46 552,074.43 556,030.97 957,599.00 58.07% 28 of 148 CITY COUNCIL PERSONAL SERVICES OPERATING EXPENSES TOTALS CITY MANAGER PERSONAL SERVICES OPERATING EXPENSES TOTALS CITY CLERK PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS LEGAL PERSONAL SERVICES OPERATING EXPENSES TOTALS ADMINISTRATIVE SERVICES PERSONAL SERVICES OPERATING EXPENSES TOTALS M.I.S. DIVISION PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS POLICE ADMINISTRATION PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS POLICE PATROL PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS CODE ENFORCEMENT DIVISION PERSONAL SERVICES OPERATING EXPENSES TOTALS POLICE INVESTIGATIONS PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS POLICE COMMUNICATIONS PERSONAL SERVICES OPERATING EXPENSES TOTALS CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 06/30/21 2017/2018 2018/2019 2019/2020 2020/2021 2020/2021 2020/2021 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget 17,054.81 17,062.83 17,055.46 17,059.50 22,732.00 75.05% 20,091.97 18,212.70 18,607.88 21,103.69 37,005.00 57.03% 37,146.78 35,275.53 35,663.34 38,163.19 59,737.00 63.89% 314,379.01 208,984.60 189,868.09 200,147.65 275,407.00 72.67% 37,546.96 8,800.49 8,862.55 9,570.46 17,092.00 55.99% 351,925.97 217,785.09 198,730.64 209,718.11 292,499.00 71.70% 117,424.37 122,895.69 126,206.19 131,812.87 184,750.00 71.35% 44,757.29 17,760.12 49,168.27 18,479.13 29,980.00 61.64% 0.00 13,982.75 0.00 0.00 2,310.00 0.00% 162,181.66 154,638.56 175,374.46 150,292.00 217,040.00 69.25% 0.00 0.00 55,724.43 118,829.70 164,039.00 72.44% 75,298.77 81,062.20 82,624.78 17,920.26 37,387.00 47.93% 75,298.77 81,062.20 138,349.21 136,749.96 201,426.00 67.89% 383,214.88 398,094.57 407,728.25 379,657.61 562,649.00 67.48% 99,867.31 109,088.28 114,974.79 114,377.63 145,073.00 78.84% 483,082.19 507,182.85 522,703.04 494,035.24 707,722.00 69.81% 181,359.41 226,741.25 256,043.14 252,231.81 358,104.00 70.44% 108,877.29 103,663.31 149,614.65 135,537.31 158,857.00 85.32% 0.00 17,806.16 912.11 0.00 0.00 0.00% 290,236.70 348,210.72 406,569.90 387,769.12 516,961.00 75.01% 571,357.02 552,901.99 720,148.47 536,756.20 735,684.00 72.96% 93,059.90 102,451.85 105,315.41 105,471.97 135,654.00 77.75% 19,500.00 0.00 19,694.00 0.00 0.00 0.00% 683,916.92 655,353.84 845,157.88 642,228.17 871,338.00 73.71% 2,052,270.37 2,410,348.72 2,374,935.29 2,477,821.52 3,206,256.00 77.28% 197,552.63 229,575.78 164,240.27 185,062.73 328,641.00 56.31% 19,712.03 17,878.25 32,557.87 19,839.74 28,375.00 69.92% 2,269,535.03 2,657,802.75 2,571,733.43 2,682,723.99 3,563,272.00 75.29% 117,864.63 122,638.85 126,382.73 126,604.76 176,731.00 71.645/c 13,636.92 12,607.78 11,251.12 10,533.39 20,708.00 50.87% 131,501.55 135,246.63 137,633.85 137,138.15 197,439.00 69.46% 515,937.36 501,266.29 688,184.12 728,517.55 952,417.00 76.49% 75,516.45 86,002.98 95,436.64 103,984.63 152,437.00 68.21% 0.00 30,296.95 27,109.28 9,500.00 17,100.00 55.56% 591,453.81 617,566.22 810,730.04 842,002.18 1,121,954.00 75.05%. 440,650.66 439,637.93 437,568.29 401,791.02 648,523.00 61.95% 6,356.06 7,696.97 7,809.01 8,436.55 13,836.00 60.98% 447,006.72 447,334.90 445,377.30 410,227.57 662,359.00 61.93% 29 of 148 ROADS AND DRAINAGE PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS STORMWATER UTILITY DIVISION PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS CENTRAL GARAGE PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS FACILITIES MAINTENANCE PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS LEISURE SERVICES PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS CEMETERY PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS COMMUNITY DEVELOPMENT PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTALS NON -DEPARTMENTAL PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TRANSFERS OUT TO FUND BALANCE TOTALS TOTAL GENERAL FUND CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 06/30/21 2017/2018 2018/2019 2019/2020 2020/2021 2020/2021 2020/2021 3rd Qtr 3rd Qtr 3rd Qtr 3rd Qtr Annual Percent ACTUALS ACTUALS ACTUALS ACTUALS BUDGET of Budget 361,884.30 374,165.40 432,096.94 446,669.47 623,386.00 71.65% 258,224.00 249,886.53 259,129.38 230,176.46 371,218.00 62.01% 7,544.00 55,742.95 39,190.25 10,256.99 46,333.00 22.14% 627,652.30 679,794.88 730,416.57 687,102.92 1,040,937.00 66.01% 448,527.52 0.00 0.00 0.00 0.00 0.00% 340,948.20 0.00 0.00 0.00 0.00 0.00% 2,262.95 0.00 0.00 0.00 0.00 0.00% 791,738.67 0.00 0.00 0.00 0.00 0.00% 141,135.75 148,251.84 133,995.26 139,505.30 189,384.00 73.66% 19,578.47 18,862.14 13,863.86 15,093.38 22,940.00 65,80% 0.00 9,595.01 0.00 0.00 2,500.00 0.00% 160,714.22 176,708.99 147,759.12 154,598.68 214,824.00 71.97% 90,960.87 120,150.05 207,088.86 215,523.48 290,597.00 74.17% 161,648.49 148,485.77 169,255.67 176,767.97 280,575.00 63.00% 49,983.50 4,705.00 42,526.00 74,585.00 77,685.00 96.01% 302,592.86 273,340.82 418,870.53 466,876.45 648,857.00 71.95% 367,936.02 558,575.12 566,117.56 534,763.79 802,159.00 66.67% 281,917.39 176,070.93 160,112.94 181,654.20 264,467.00 68.69% 1,350.00 140,639.51 85,974.26 49,059.22 55,923.00 87.73% 651,203.41 875,285.56 812,204.76 765,477.21 1,122,549.00 68.19% 111,421.07 108,168.54 114,287.57 123,463.63 176,307.00 70.03% 20,343.80 25,863.11 21,001.04 21,566.80 35,215.00 61.24% 8,490.96 0.00 0.00 0.00 20,000.00 0.00% 140,255.83 134,031.65 135,288.61 145,030.43 231,522.00 62.64% 257,245.35 241,494.02 285,901.51 316,437.53 434,559.00 72.82% 18,458.06 15,633.99 97,325.38 49,790.76 71,314.00 69.82% 0.00 0.00 14,649.50 0.00 11,311.00 0.00% 275,703.41 257,128.01 397,876.39 366,228.29 517,184.00 70.81% 213,125.38 216,311.41 179,690.08 149,425.67 232,289.00 64.33% 590,346.07 625,235.84 621,121.22 640,439.84 737,061.00 86.89% 0.00 0.00 0.00 0.00 0.00 0.00% 69,237.44 23,243.95 4,691.00 5,838.16 379,462.00 1.54% 0.00 0.00 0.00 0.00 105,014.00 0.00% 872,708.89 864,791.20 805,502.30 795,703.67 1,453,826.00 54.73% 9,345,855.69 9,118,540.40 9,735,941.37 9,512,065.33 13,641,446.00 69.731% 30 of 148 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF JUNE 30, 2021 Current Prior Project Budget Share Project Year Year Expenditures Percent Funds Number Description Budget Sources (in Thousands of S. Budget Exnenditures F.xnenditures To Date Expended Encumbrances Remaininn FY2018 A1823 Cemetery Improvements CTF 154 153,845 136,190 17.909 154,099 100.16% (254) A1824 Working Waterfront Phase 3 DST 26 25,700 5,348 20,300 25,648 99.80% 52 A1860 StonecropDrainage DST II 11,229 11,229 11,229 100.00% (I TOTAL $ 190,774 S 141,537 S 49,438 $ 190,975 100.11% S - S (201) FY2019 A1920 Working Waterfront Phase 3 JDIDON/GFIDST1CRA/PI 170/30/15/273/45/13 545,793 411,838 20."0 432,828 79.30% 108.693 4.272 A1921 Picklchall(Complete) DST/RIF 182/423 605,110 359 604,751 605,110 100,00% 0 A1925 Park Signagc DST/RIF 73/155 228,341 109,768 53.270 163,038 71.40% 65.303 - A1960 Stonecrop Drainage DST 12 12,000 - 12,000 12.000 100.00% A 1952 Construct Hangar D FDO77DST 19800/450 2.250.000 204,658 234,096 438,754 19.50% 1.817,750 (6.504) TOTAL S 3,641,244 S 726,62.1 S 925,107 S 1,651,730 45% $ 1,"1,747 S (2,232) F Y2020 A2004 PI) Vehicles & Equipment (Complete) DST 339 339,226 - 339.226 339,226 100.00% - 0 A2006 Evidence Compound Paving & Carport DST 40 40.000 34,032 129 34J61 85.40% - 5.839 A2007 CDBG Grant Program CDBG 250.7 250,769 14,786 13.720 28.506 1 1.37% 21,822 200,441 A2008 COVID-19 Expenses Grant 1074 1.074.322 538,688 506.692 1.045,380 97.31% 2,690 26,252 A2009 CDBG CARES Act Grant Program CDBG 74.8 74,778 - 1.246 1,246 1.67% - 7.1.532 A2021 BSSC Baseball Dugouts RIF 80 80.000 18,397 20.085 38,482 48.10% 41.518 A2024 Park Improvements (Complete) RIF/DON 12.6/2.5 15,111 3,672 11.439 15,111 100.00% (0) A2025 Community Center Office DST 40 40.000 - - - 0.00% 40.000 A2026 Renovate Golf Tees (Complete) DST 50 50,000 19,397 30,603 50,000 100.00% - A2028 Riverview Park Sidewalks (Complete) I.OGT / CRA 46.5/32 78,623 70,832 7,790 78,622 100.00% I A2029 CRA Signage & Landscape CRA 113 113.000 61.008 13,448 75,056 66.42% 24,944 13,000 A2030 Relocate Public Facilities Compound DST 9639.3 9,639,316 277,406 244,859 522.205 5.42% 9,117,051 0 A2050 Construct Taxi lane FAA/FDOT/DST 658/36.5/36.5 711,046 .19,192 40,404 79,596 10.89% 141,800 509.650 A2060 Roadway Swale Work SW 60 60.000 25,865 25.865 43.11% 34,135 - A2061 Canal Improvements SW 1000 1.000,000 0.00% 10)(000 A2062 Stonecrop Drainage I'EMAlDST 645/215 860,000 8,800 12.616 21.416 2,49% 838,584 A2063 Septic to Sewer Grant Program IRLC/CRA 100/100 200.000 4.378 48.847 53.225 26.61 % 146.775 S 14,646,191 S 1,091,189 S 1,316,970 S 2,408,158 16.44% S 9,596.994 S2,641.049 F'N'2011 A2100 Server/HostUpdate (Complete) DST 43.2 43,195 43.195 43,195 100.00% (0) A2101 Citywide Computers DST 35 35,000 27.858 27,858 79,60% 7,142 A2102 Audio/Visual Equipment (Complete) DST 76 75,973 75,973 75,973 100.00% 0 A2103 COSty Equipment DST 9 9,027 7,3.59 7,359 81.520/1, 1.668 A2104 Phone System DS'I 100 100,000 - - 0.00% 100,000 A2105 Network Infrastructure DST 39 39.000 34,713 34,713 89.01 % 4.287 A2106 Police Vehicles & Equipment DST 350 349,982 - - 0.00% 318.348 31,034 A2107 PI) Body and In Car Cameras (Complete) DST 39 39.292 39,202 39,292 100.00% - I A2108 Exchange Upgrade (Complete) DST 28 28,338 28338 28.338 100.00% (0) A2120 BSSC Lightning System (Complete) GF/DST 5.7/24 29,663 29,663 29,663 100.00% - A2121 Harrison Street Park Plaza DST 270 270,000 - 0.000/0 270,000 A2122 N. Central Ave Event Plaza (Closed) DST 0 - 0.00 A2123 Tree Protection Plan DS"F 135 135,000 0.00% 135,000 A2124 Playground Improvements RIF 70 70,000 0.00% 70.000 A2125 Park Improvements RIF 20 20,000 5,946 5,946 29.73 % 14.054 A2126 Yacht Club Seawall GF 359 358,962 175 175 0.05% 358,786 0 A2130 Street Repaving (Complete) LOGT 338.2 338,227 338,123 338,123 99.97% - 104 A2131 Sidewalk Replacement LOGE 52.3 52,287 - 0.00% 52,287 A2132 Street Reconstruction (Complete) LOGT/DST 109.5/500 609,486 609,485 609,485 100.00% 1 A2133 Truck w/Crane DST 65 65.000 - 0.00% G 1,098 3,902 A2100 Roadway Swales/Driveways SW 100 100,000 0.00% 100,000 A2161 Stormwater Master Plan DST/SW 350/350 700.000 0.00% 700,000 - A2162 Sliplining DST 100 100,000 87.045 87.045 87.05% - 12.955 A2150 Establish Sewer Service FDOT/DST 800/200 1,000,000 - 0.00% 1,000.000 A2151 Square Hangar Engineering FDOT/DST 222/55.5 277.516 32,097 32.097 11.571/6 19.015 226,404 4,945,948 1,359,261 1,359,261 28.05% 1,457,248 2,029,439 GRANDTOTAL S 23,324,157 S 3,318,611 S 2,291„514 S 5,610,125 24.05% S 13,4145,978 S 4,668,054 31 of 148 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2021 At June 30, 2021, the total of the City's cash and investments were $21,539,923.22. Of this, $17,098,978.84 was held in an interest bearing checking account at Seacoast National Bank, $3,892,659.08 was invested with the State Board of Administration and $549,295.30 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 .25% for the Bank and .10% for the State Board. The average annualized return over the 3 months of this quarter from the deposit with Florida Trust was .32%. The Bank returns and State Board continue to drop 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 $ 4,959,746.23 29.01% General Fund $ 689.607.34 17.72% American Rescue Plan Act 1,666,395.17 9.75% American Rescue Plan Act - 0.009a Local Option Gas Tax Fund 13,623.64 0.08 % Local Option Gas Tax Fund 0.00% Discretionary Sales Tax Fund 5,680,150.13 33.22% Discretionary Sales Tax Fund 1,415,763.82 36.37% Riverfront Redevelopment Fund 549,426.51 3.21 % Riverfrom Redevelopment Fund 137,586.14 3.53 % Parking In -I ieu-Of Fund - 0.00"/ Parking In -Lieu -Of Fund 71.060.87 1.83% Recreation Impact Fee Fund 167.228.16 0.98 % Recreation Impact Fee Fund 41.799.57 1.07% Slormwater Utility Fund 1,745,746.43 10.21 % Stormwater Utility Fund 435,979.61 11.20% law Enforcement Forfeiture Fund 1,500.00 0.01% Law Fnforcement Forfeiture Fund 31.318.03 0.80% Stormwalcr Series 2003 Debt Service Fund 80,482.35 0.47% Stormwater Series 2003 Debt Service Fund - 0.00% Capital Projects Fund (16,032.27) -0.09% Capital Projects Fund D.00% Capital Improvements Fund (17,000.00) -0.100/0 Capital Improvements Fund 0.00% Transportation Fund (0.10) 0.00% Transportation Fund 0,00% Stormwater Projects Fund 243,673.35 1.43 % Slormwater Projects Fund 0.00% Calf Course Fund 240,335.73 1.41% Golf Course Fund 0.00% Airport Fund 417,998.28 2.44% Airport Fund 0.00% Airport Projects Fund (13,845.47) -0.08% Airport Projects Fund 0.00°6 Building Department Fund 1,134,393.94 6.63% Building Department Fund 284,411.36 7.31% Cemetery Trust Fund 244,406.76 1.43% Cemetery Trust Fund 692,792.34 17.80% Performance Deposits Fund 750.00 0.00% Performance Deposits Fund 92,340.00 2.37% Total Rank Balance $ 17,098,978.84 100.00 % Total SBA Balance $ 3,892,659.08 1110.01117 INTERFUND LOANS REPORT 10/01/20 Scheduled Balance at Fund Making Loans Purpose Balance Payments 06/30/2021 Remarks/Terms GENERALFUND: 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 $150,000 $37,500 Paying $150K in FY 20/21. DISCRETIONARY SALES TAX: Due from Airport Fund Due from Airport Fund BUILDING FUND: Due from Golf Course Due from Golf Course Debt Description $285,000 Hangar A $269,245 $7,279 $267,511 Hangar B $259,869 $2,105 $700,000Irrigation $615,456 $30,547 $559,684 Other Repairs $559,684 None Stonnwater Utility Revenue Bank Notes 2014 Paving Improvements Promissory Notes 2012 Golf Cart 60 Month Lease Purchase 2017 $269,245 5 Years @ 3%, Then 4%for 25 Years. Final in 2038 $259,869 5 Years @ 3%, Then 4%for 25 Years. Final in 2041. $592,546 Each 5 Years to T-Bond Minus 1%. Final in 2038. $559,684 Pay When Possible, Maybe After $700,000 is paid. DEBT DUE TO OUTSIDE PARTIES Initial Principal Initial Principal Remaining Interest Final Bond Rating/ Security Amount 9/30/2021 Rate Maturity Insurer Pledge $5,630,000 $395,000 2% to 4.2% 05/01/22 AAA/MBIA Stonnwater Utility Fees $2,296,000 $358,000 1.94% 12/01/22 N/A Local Option Gas Tax $313,152 $50,801 3.49% 07/10/22 N/A Purchased Golf Carts 32 of 148 MCC SEPST-N HOME OF PELICAN ISLAND To: Mayor and City Council Thru: Paul Carlisle, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: July 13, 2021 Re: 3rd Quarter Accomplishments Fiscal Year 2021 The following are the P Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended June 30, 2021. CITY CLERK Legislative Suuport Matters • City Clerk prepared agenda, attended/recorded six Regular City Council meetings • Completed follow up of approved Council matters — contracts, letters, e-mails, scanned to LF and indexed + Three resolutions adopted by Council • Twelve ordinances adopted by Council • Three documents recorded in public record at Court House • Six proclamations prepared for presentation by Mayor + Provided monthly City calendars and revisions to Council, City staff and press + Coordinated attendance of clergy for Council meeting invocations • Distributed one Code and one LDC supplement + Arranned IEMO attendance for one Council Member • Arraneed FLC Annual Conference attendance for five Council Members Records Management Program • Responded to 57 public records requests • 105 cubic feet of paper records met retention along with duplicate and OSA records destroyed by shredding vendor. • Transferred, documented and stored records for five finance boxes Election Matters • Pre -qualified three candidates for 2021 Election • Accepted camnaian treasurer's reports Citv Board Matters * City Clerk and Records Specialist prepared and attended three Charter Review Committee meetings + City Clerk and Records Specialist drafted eight Charter ballot questions for November's ballot + 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 and two BOA meetings within Council Meetings • Records Specialist published scanned City board packets to City website, Facebook, Laserfiche and provided to press and Council • Prepared seventeen certificates of appreciation for board members Cemetery Matters • Certificates of Interment Rights issued for 32 locations for a total of $49,800. • Scanned all cemetery records as sold or amended for permanent retention Personnel/Educational Matters • City Clerk administered oath for one Police Officer Community Matters • Responded to or forwarded CITYSEB emails to appropriate departments • Records Specialist prepared five Life Saving Awards 33 of 148 ADMINISTRATIVE SERVICES • Provided administrative support to the Police Pension Board. • Met with Department Heads and worked on drafts of the FY2022 Budget and Capital Program. • Worked with Auditors to complete the FY2020 Single Audit Report and filed it with the Federal Audit Clearinghouse. • Prepared 2°d Quarter Budget Amendment and made presentation to Budget Committee and City Council. • Handled normal processing of payroll, accounts payable and cashiering. Monitored and approved payments on major contracts. • 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. • Recruited replacements for vacant positions, including the selection of an applicant for the Procurement Manager position. • Documented bids and proposals for purchases to insure purchasing policies were followed. • Reviewed and approved agenda items for contracts and other payments requiring City Council approval. POLICE DEPARTMENT Administration • Continued review of agency policies per accreditation standards. • Conducted interviews for police officers. • Conducted interviews for 911 dispatcher positions. • Attended 7 ZOOM Meetings (Crime Lab, SAC, And Executive Roundtable). • Continued our quarterly auditing and inspection of the police building and equipment. • Attended 6 Council meetings. • Responded to 2 public records requests. • Attended County Mental Health Court Graduation. • Swore in 1 new officer. • Attended leadership training at Florida Police Chief s Conference. • Participated in 2 strategic planning meetings. • Completed 3 leadership meetings and several (weekly) staff meetings. • Submitted 5 PD division budgets for 21-2022. • Concluded 5 year carpet replacement plan for PD. • Attended IRC Victim's Rights Coalition Vigil. • Held promotional ceremony & officer/civilian employee awards for 9 employees. • Hired part time crime scene/evidence technician. • Attended/Participated in Wreath Placement Ceremony for National Police Week. • Attended Memorial Day Event. • Completed Firearms Training, to include shoot -don't shoot scenarios. • Completed Defensive Tactics training, to include de-escalation training. • Participated in multiple demonstrations for Strategic Planning software. • Attended training for Reducing Organizational Stress in Law Enforcement. • Attended multiple other agency related meetings including hurricane planning, etc. • Continued review of agency policies per accreditation standards. Volunteers • The Community Service Volunteers worked a total of 1,534.50 hours during this quarter. • 31 bank deposit details were completed so City Hall employees do not need to leave their assigned duties. • 5 traffic control details were assigned. These details involve directing traffic at city events, road closures, etc. • 685 house watches/close patrols were completed. • 69 vehicle transports were made consisting of taking vehicles to different locations for repairs, etc. • 1,501 business checks were made. These business checks are conducted to help patrol officers keep an eye on the business community which helps reduce crime. • 161 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 56 Airport checks were made. The visibility helps to deter crime. • 41 special details were assigned. • 17 miscellaneous assists for law enforcement personnel. • 48 paperwork runs, i.e.: State Attorney's Office, Sheriffs Office, etc. The Volunteers pick up and deliver packages such as council packages, State Attorney documents and miscellaneous items as needed. • Assisted with traffic control on 9 traffic crash scenes. • 42 citizen contacts. • 354 miscellaneous jobs. • 87 Escorts were completed. 34 of 148 School Resource Officers April 1st thru June 30, 2021 Crossing Guard contacts 17 13 1 31 Mentors lunches 10 14 0 39 Patrol hours 40 8 240 288 Communty event hours 1 2 6 9 Communty event hours Patrol hours Mentors lunches Crossing Guard contacts Reports Area/school checks June ■May I April 0 50 100 150 200 250 300 Road Patrol and Special Operations • Officers were dispatched to 4719 calls for service, and self -initiated 2538 events. • 72 adult and 5 juvenile arrests were made. • 0 Juvenile Civil Citations were issued. • Officers issued 179 citations, 6 parking citations, and 306 written warnings. ■ Officers completed 487 offense reports and 103 crash reports. Special Operations Citations Warnings Incident Reports Arrests Traffic Officer* 45 36 19 2 Marine** 2 9 0 0 K-9 Unit • K-9 Training Hours: 210 • Misdemeanor Arrests: 2 • Felony Arrests: 8 • Narcotic Searches: 18 • Activity Reports: I2 • K-9 Demonstrations: 0 • Schools Attended: 1 K9 Narcotic Certification (Police Work Dog Association) • Additional Training Hours: 80 hour K9 Patrol School & 40 hours K9 refresher • Agency Assisted: Indian River and Brevard County 3 35 of 148 Detectives Arrests 6 2 3 11 Warrants 3 2 3 8 Training/Meeting Hours 20 11.75 8 39.75 Follow -Ups 25 18 22 65 Active Cases 16 12 12 40 Assigned Cases 13 8 14 35 Cleared Cases 17 8 12 37 Inactive Cases 8 2 3 13 Supplements 27 20 20 67 Call Outs 3 1 5 9 Back ground/Rpo 4 4 3 11 COPE QUARTERLY REPORT ACTIVITY HOURS COMMUNITY EVENTS 41 AGENCY OUTREACH EVENTS 7 YUNI-Y MEETINGS 36 L-RELATED EVENTS F 12 I PUBLIC TRAINING CLASSES 8 REGIONAL OUTREACH 0 SRO Coverage 48 EXPLORER POST ACTIVITIES 0 TRAINING AND SCHOOLS 24 IN-SERVICE INSTRUCTION 0 SOCIAL MEDIA MANAGEMENT 8 ADMINISTRATION & 53 RESEARCH ROAD PATROL COVERAGE 0 Communications Division Community Events: Honor Flight - 0 Christmas Parade - 0 Light Up Night - 0 Hiram's Triathlon - 0 Outreach trailer - 41 Clambake-0 Costume Contest - 0 Home Depot -0 Coffee w/ a Cop - 0 Park Place Block Captain Meeting- 0 Salvation Army Bell Ring - 0 1 IRCSO BBQ-0 1 Agency Outreach: Movie Night - 0 Community Night Out-0 Turkey Drive - 0 Toy Drive - 0 Shop w/ a Cop - 0 Welfare checks - 3 Neighborhood disputes: 4 Community Meetings: SRO: -48 Exchange Club -8 Road Coverage -0 Tobacco Free - 0 Honor Guard - 0 Veteran's Council-0 SAFIR Zoom-20 Explorer Post ,Aivjtje;; Q Rotary Zoom - 8 Training and Schools: In Service - 8 School Related Events: Schools -16 SCJ H - 0 Sebastian - 2 In -Service Inst Preschool - 4 Vehicle Ops - 0 PIE-6 Social Media Public Training Classes: Management: RAID Women - 0 {Facebook, Twitter, Active Shooter - 0 Instagraml - 8 SAFE Women - 0 Refuse to be a victim - 0 Admin &Research: Park Place: 4 Pension Board - 0 Sebastian Church Bov Scouts-4 Special Events 6 Awards - 0 Regional Outreach: COPE Meeting - 1 Crime Stoppers -0 Banquet - 0 Torch Run - 0 Explorer Admin-40 Golf Tourn, meeting-6 Officer Initiated Calls 908 909 703 2,520 1 Code Enf. Initiated Calls 1,831 2,009 1,287 5,127 Volunteer Initiated Calls 191 331 551 1,073 Calls Entered Into CAD 4,657 4,991 4,246 13,894 911 Calls Received 779 849 821 2,449 911 Calls Transferred Out 335 382 352 1,069 911 Hang-up Calls 96 107 119 322 Admin, Calls Received 817 715 757 2,289 Admin. Calls Transferred N/A NIA N/A N/A Outgoing Admin. Calls NA NA NA NA Training/Meeting Hours 18 18 18 54 911 NETWORK DOWN UNABLE TO PULL NUMBERS DIRECTLY FRGM THE PHONE SYSTEM. THE TOTAL CALLS ARE COMING FROM CAD WHICH DOES NOT INCLUDE THE IN HOUSE CALLS OR OUTGOING 36 of 148 4 Training/Meeting Hours Outgoing Admin. Calls Admin. Calls Transferred Admin. Calls Received inuM 911 Hang-up Calls 911 Calls Transferred Out 911Calls 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 6,000 Crime Scene/)Evidence Items Received Evidence Processed In-house Evidence Outsourced Items Returned Items Purged Cars Impounded Video Redaction Hours Videos Burned Supplements Written Evidence Processing Hours Crime Scene Processing Hours Training Hours Call Outs June R May N April 4nril Mav June Tot; 61 73 75 209 11 14 10 35 1 13 6 6 25 12 4 30 46 43 13 8 64 0 0 0 0 40 48 70 158 58 65 75 198 7 4 4 15 72 76 65 213 12 4 18 34 0 72 104 176 2 1 4 7 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 u, , 0 20 40 60 80 100 120 June ■ May April 5 37 of 148 Code Enforcement Of the 5,151 code calls for the quarter the following is a breakdown of some specific calls made: • Issued 502 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 194 property inspections for title companies and 117 sign violations. • 530 Code Services. • 661 re -inspections, 91 violations were not complied with, 109 were posted for abatement, 14 abated by vendors. • 463 violations complied. • 2 Liens filed, 29 liens released. • 118 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 third quarter. Alarm Assessment • $450.00 in alarm permits (new and renew) • $100.00 in false alarms fines • 142 alarm responses by officers, 43 of these were false. • 25 New permits issued. ROADS Asphalt • Put down 31 %2 tons of asphalt throughout the city at various pot holes and road crossing repairs and the large pot holes along Schumann Dr. and Barber east of Schumann. Repaired area in golf course parking lot Concrete • Broke out, removed old sunken concrete at Rotary dock and reformed and poured two pallets of concrete Dressed and sodded area. • Broke out, removed old sunken concrete at the Observation dock and reformed and poured 21/2 pallets of concrete. Dressed and sodded area. • Broke out, removed reformed and poured 1 Oft. section of broken sidewalk at 991 Schumann Dr. • Poured footings for handicap swing at Schumann tennis courts. • Broke out, formed and poured 10 ft. section of broken sidewalk in front of Riverview Park. • Poured 2 pallets of concrete at new flag pole pad at Cemetery. Grinding • Ground down all trip hazards on City Hall grounds • Ground down trip hazards on IRD sidewalk caused by falling retention wall Mowing/Trimming • Mowed right of ways on vacant lots that were obstructing visibility or drainage flow throughout the city with side arrn machine. • Cut back various sight obstructions from stop signs/street signs with pole saw • Mowed entire ditch line on Powerline Rd. from Main St. to Barber St., mowed all spillways, bridges and medians (x2) • Weedeated weeds from curbing and gutters on Powerline Rd. &Main St. (x2) • Mowed right of ways throughout the city removing sight obstructions and clearing way for drainage on vacant lots. Miscellaneous • Assisted with Stormwater facility repairs and mowing • Fixed ruts at overflow parking by splash pad • Graded and rolled out millings in rear parking area of golf course • Re -graded millings at Periwinkle Park • Added millings, regarded and extended walk path at Garden Club Park • Repaired lattice pavers in Main St. flag pole area/Pelican Pub parking lot. • Brought in 2 truckloads of fill and rregraded rutted area of dog park large dog area • Used skid steer to square up volleyball courts and removed over grown grass. Regraded sugar sand • Cleared new FEMA debris site of old concrete, rotted pipes and junk. Took to landfill. • Picked up large projection screen from city hall and transported to compound to be sold on Gov. Deals. Sign Shop • Signage and Installation: • Created; 1411. • Signs Installed: 434. • Signs Straightened: 18. • Trees Cut by signs: 4 • Traffic Studies: 8 38 of 148 • GIS Locations 406 • Decals:40 • Pavement Markings • Stop Bars: 50 • Yellow Line Striping: 993 Ln ft. • White Line Striping: 3721 Ln ft. • Parking Lots: 0 • Cross Walks: 5 • Handicap stalls: 0 • ADA Mats painted: 10 • Blue Paint: LN FT.:. 0 • Special Projects: • Street/Stop sign install zone 3: Completed • Street/Stop sign install zone 4: Completed. • Street/Stop sign install zone 5 : 45% Completed • School Radar signs and beacons install : 8 installed and working • New Projects: • Create Logo's for Sebastian Police Department: Completed • Stop bars and cross walk road paint zone 3 : 20% Completed • Road paint Main St. , Easy St. to Wimbrow : Materials ordered • Replace deficient regulatory signs: Material ordered • M.O.T • Special Events 5 • School Lights: 7 • Citizens Request: 12 (12 completed) • Work Orders: 29 (27 have been completed, 1 speed study I progress: 1 sign install in progress) • Created Signs Breakdown • Street Signs: 1323 • Regulatory:76 • Warningl • Ordinance : 1 • Wayfind:3 • Wildlife0 • Park:0 • Aviation:0 • Golf Course: 0 • Misc.7 Facilities Maintenance • Maintain City Flags • 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 • Annual Fire Inspection (ADS) • Annual Sprinkler inspection (ADS) • Annual Fire extinguisher recertification (Metro) • City Hall : Install Carpeting Clerks Suite (Empire), Replace RTU #2 (Trane) • Police Department: Install Carpeting offices (Empire) • Community Center: Reroof Rear section (Brian Coffey) • Friendship Office: Paint and flooring (Garage Enhancements) • Admin. Building: Replace AC unit #2 (Jimmy's AC) Cemetery • Routine Mowing, weed eating and edging • Burials 12 • Cremains 17 • Quarterly Rain Gauge 8.5 Jan - Mar. 39 Of 148 7 • Quarterly Rain Gauge 13.7 • Irrigation and landscaping of unit SBegan roadway improvements in newly expanded Cemetery area. Construction Specialist • Police Dept. • Install new lighting rear parking lot • Cemetery • Install new flag poles • Airport • Install new outlet (kitchen) • Ground Maintenance Repair hangar A lighting. • City Hall • Cut Palm Tree • Outside lighting repairs • Fisherman's Landing • Repair damaged wood tree -house • Roads Repair bridge lighting • Parks • Install new lights volleyball courts (Riverview Park) • Repair lighting at tennis court • Twin Pier replace broken and vandalized lighting and decking • Splash pad repair broken water return line and bad tank valve • Install new fountain @ Garden Club Park • Repair lighting Friendship Dr. • Observation pier Indian River Dr. complete rebuild • Yacht Club dock repair • Main St. ramp dock repair and sand removal on ramp • Miscellaneous • ISC: Repairs throughout the city and ordering for upcoming projects Fleet Mann eg ment: • The Fleet Management Staff completed 275 repair work orders, 27 preventive maintenance services 8 service calls and load trips to pick u parts. • In addition to in-house vehicle/equipment work orders, 12 vehicle and equipment repairs were scheduled and completed by outside vendor • Took delivery of the following units: • Felding Low -Boy Trailer • Tuff Truck Cement Buggy • Completed the prep(Lights, Rack, Graphics, etc.) on the following unit • Same as above • Completed Sales on Gov. Deals:$5,470.00 • Fuel Cost as of the April 2021 • $2.50 per gallon of gasoline 10.75% increase over the past 90 days • $2.04 per gallon of diesel fuel 12.85% increase over the past 90 days LEISURE SERVICES Parks Division • Inspected playgrounds at all the parks • Dropped off cart and retrieved carts Riverview Park • Maintain cutting palm at City Hall • Secure stage after event at Riverview Park • Installed border around sign at Barber St., garden Club Park, George St. Park, restrooms Barber St. Sports Complex, Easy St. Park, do park, Periwinkle Park, Riverview Park, Picklebal Court, Elbert St., Yacht Club, Main St. docks, • Installed waterline from pump to the faucet at Riverside Park • Repair fence at Byrant Court. Removed fence around parking area at Garden Club Park and installed new fence • Install sod at Riverview Park and prepare for event at Riverview Park • Remove and installed picnic tables at Filbert Park, • Pressure wash pavilion at Riverview Park, Dog Park • Maintain and clean up after event at Riverview Park 40 of 148 • Trim tree limbs at Riverview Park, City Hall • Install basketball net at Schumann Park • Repaired irrigation lines and heads at Schumann medians, US 1, dog park, Community Center, • Chamber of Commerce • Repaired windscreen at Pickleball Court • Maintain the area by cutting, weedeating and edging at the airport • Maintain the area by painting graffiti on skate ramp at Barber St. skate ramp, • Install temporary fence on the softball field at Barber St. sports complex, • Move stage to high school for event and retrieved stage after even • Installed plants and sod around the splash pad • Installed mulch at Memorial Park, Schumann Park, Fisherman's Landing • Repaired bench at Hardee Park • Apply rust prevention to the playground at the community center • Remove temporary fence at the softball field at Barber St. Sports Complex • Installed and assembled bike rack at Fisherman's Landing, Riverview Park • Water the area around the dog park • Paint sign at Riverview Park • Install handicap swing at Schumann Park • Repair walking pods on the playground at Easy St. Park • Installed new water fountain at dog park • Continue maintenance on the baseball and football fields. and fertilizing the grass.. Recreation Division • Continued city run programs. STORMWATER DEPARTMENT This would involve mowing, edging weed eating, dragging the fields, insectich • Cleaned all baffle boxes on river. • Removed 20 cubic yards of debris. • Ditch cleaning, debris removed 4192 cy. • Dirt Hauled 1044 cy. • Rebuild spillway at S.W.T.F. • 400cy of sand brought in. • Rip raff cape stone for spillway 25 tons. • 25 road crossing pipes cleaned 865 cy of debris removed. • Inspection 455 also elevation Street Paving —Drainage projects. • Moved Stormwater detention ponds in unit 17, Sebastian Area. • Cleaned and respond 3 catch basins Road Crossing Pipes. Citizen Reauest Line • April. = 71 Approximately 32 were for Stormwater (45%) 10 Roads,( 14%) 6 general questions (08%), 21other (30%) • 32 Stormwater, 0 Outstanding • 21 Roads, County NA, Code NA, Eric 0 Outstanding GQ 0 Outstanding • 10 Roads, 0 Outstanding • 3 Parks, 0 Outstanding • 3 Signs, 0 Outstanding • May = 43 Approximately 20 were for Stormwater (47%), 7 Roads (16%) , 3 general questions (06%) , and 22 other (510/6) • 28 Stormwater, 1 Outstanding • 22 Other, County 3, Code 4, GQ 0 Outstanding • 7 Roads Outstanding • 2 Parks, 0, Outstanding • 3 Signs, 0 Outstanding • June= 50 Approximately 14 were for Stormwater (28%) 7 roads (17%) 11 general questions (22%), 9 other (18%) • Stormwater 14 (1 Outstanding due to spray comp. 5 not in zone yet) • Other (Code 6 total, County 2 total, Eric 1/0 Outstanding, GQ 11/ 0 Outstanding • Roads 7 total (2 outstanding due to being short- handed) • Parks 2 total (1 outstanding, 1 taking fence down.) • Signs (0 Outstanding) 41 of 148 GOLF COURSE • Revenue 20-21 19-20 Difference+/- 3rd Quarter Rev. $366,956 $341,719 +$25,237 YTD Tot. Rev. $1,277,721 $1,294,188 -$16,467 3rd Quarter Rounds 4,198 3,886 +312 YTD Tot. Rds. 41,642 41,523 +119 3rd Q. Green Fee $134,174 $122,646 +$11,528 3rd Q. Cart Fee $178,584 $170,671 +$7,913 3rd Q. Annual Member $2,413 $1,732 +$681 YTD Ann. Mem. $115,680 $101,540 +$14,140 3rd Q. USGA Hdcp. $176 $198 -$22 YTD USGA Hdcp. $4,774 $5,390 -$616 3rd Q. Disct. Card $655 $561 -$94 YTD Disct. Cd. $30,702 $32,338 -$1,636 3rd Q. Driving Range $13,917 $15,682 -$1,765 YTD Dr. Rge. $43,695 $44,323 -$628 3rd Q. Club Rental $903 $308 +$595 3rd Q. Club Storage $0 $14 -$14 YTD CR & CS $5,101 $4,966 -$135 3rd Q. Golf Shop Retail $26,333 $21,385 +$4,948 YTD Shop Retail $76,828 $81,267 -$4,439 3rd Q. PGA Pro Lesson $1,523 $120 +$1,403 YTD Lesson $3,373 $2,210 +$1,163 3rd Q. Restaurant Rent $7,500 $7,500 $0 YTD Rest. Rent $22,501 $22,501 $0 • *3rd Q. Rain amount 8.83" 12.3" -3.47" *Data obtained from weather underground.com • Comments: Total revenue and rounds from 20-21 3rd quarter is slightly up compared to 19-20 3rd quarter. Golf Shop sales & golf lessons also showed an increase. Golf shop sales would show more revenue, however several merchandise items and golf clubs are on "backorder" and taking an extended period of time to be delivered. Expecting a good 4th quarter; always dependent on weather. • Charity, Corporate and special Golf Tournaments for the 3rd quarter included The Knights of Columbus, Golf Links Fellowship League, The Indian River Airboat Association, Palm Bay Golf Association and the official start of the summer Sebastian Business League. • Charity, Corporate and special Golf Tournaments planned for 4th quarter, include Sebastian River High School Football Touchdown Booster Club. • In conjunction with the Indian River Golf Foundation, offered weekly junior golf clinics on Tuesdays. Also offered a total of 6 Demo Days programs, which attracts many new, as well as longtime golfers to the golf course. • Continued work on rebuilding tees. • Received several compliments on the condition of the golf course with specific emphasis on the condition of the greens and all turf in general. AIRPORT • Routine grass/shrub maintenance. • Gate 8 repair (replaced chain). • Routine RWY TXY light replacement. • Attended CAASP meeting. • Replaced terminal building irrigation pump. • Removed palmettos along perimeter fencing. • Extended tie -down ropes at shade hangars. • Routine PPP Checklist. • Pressure washed shop. • Removed fencing from onsite officer's backyard. 10 42 of 148 km ff SEBASTIA HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 28, 2021 Aaenda Item Title: Resolution R-21-15, Parking -In -Lieu Purchase Program for 1623 U.S. Highway ##1, Unit A-3, Sebastian Executive Building Recommendation: Approve Resolution R-21-15, and authorize the City Manager to execute the Agreement attached and identified as "Attachment A" Background: Timothy McNamee and Dr. Patricia Zambelli of Compassion Healthcare, LLC, owners of Unit A-3 in the Sebastian Executive Building, have applied for a Business Tax Receipt to open a Medical Marijuana Certification Clinic at this location. The existing building was approved and built in 1984, and met the parking requirements for professional offices in place at that time, i.e. one parking space per 300 SF. The site constructed the minimum parking spaces needed for approval and is grandfathered in for any professional office use of the building. Current regulations for professional offices require one space per 200 SF. The property is zoned CR, and the Commercial Riverfront zoning district allows various permitted uses including medical offices. However, per the Land Development Code, parking spaces for this use require additional spaces, one space per 175 SF. Therefore, Mr. McNamee & Dr. Zambelli's request for a Business Tax Receipt for a medical clinic requires additional parking for the unit, which the site does not have available, hence they wish to purchase spaces through the Parking -in -Lieu program. In 2010, City Council established the Parking -In -Lieu Purchase Program to allow owners and developers in the Community Redevelopment Area (CRA) to purchase required parking by paying a fee into the Riverfront Parking Trust Fund to be used only to develop and maintain public parking within the CRA east of the FEC railroad. Only properties zoned Commercial Riverfront (CR) or Commercial Waterfront Residential (CWR) may participate, and 50% of the required amount of parking may be purchased, up to a maximum of 30 spaces. Public parking utilized in this program is not assigned to a business or reserved in any manner, and confers no rights upon the business to place any advertisement, notices or signage upon the parking spaces. The fee has been established at $3,200 per parking space. The total charge for 2 spaces will be $6,400, and the Owners have requested financing terms similar to the agreements previously approved. As such, the agreement identified as Attachment A has been prepared and included in Resolution R-21-15. If approved, the agreement will be recorded as a lien against the commercial condominium unit, and released when paid in full. If Aqenda Item Reauires Expenditure of Funds: Budgeted Amount: Total Cost: NIA Attachments: 1. Resolution R-21-15 including Attachment A 3. Request email from Owner 2. LDC Section 54-3-15.4(a)(5) Administrative Services Department view: 1-J_-1U=f City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: / 1�(('2' j 43 of 148 RESOLUTION NO. R-21-15 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION FOR PROPERTY OWNERS TIMOTHY C. McNAMEE AND PATRICIA ZAMBELLI IN THE PARKING -IN -LIEU PURCHASE PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 1623 U.S. HIGHWAY #1, UNIT A-3, SEBASTIAN, FLORIDA; PROVIDING FOR CONFLICTS, SCRIVENERS ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has determined that it is in the public interest to allow businesses within the Riverfront area the opportunity to utilize public parking to meet their parking needs; and WHEREAS, Timothy C. McNamee & Patricia Zambelli wish to participate in the Parking -In -Lieu Purchase Program and purchase two (2) parking spaces for property located at 1623 U.S. Highway #1, Unit A-3; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. The City Council approves the Parking -In -Lieu Purchase Program Agreement, Lien Agreement and Covenant Running with the Land attached hereto as Attachment A, and authorizes the City Manager to execute and record the same. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. 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 designE:e, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. 44 of 148 Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Jim Hill Council Member Fred Jones Council Member Bob McPartlan Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 281" day of July, 2021. CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 45 of 148 ATTACHMENT A PARKING -IN -LIEU PURCHASE PROGRAM AGREEMENT LIEN AGREEMENT COVENANT RUNNING WITH THE LAND (hereinafter collectively referred to as "Agreement") THIS AGREEMENT is between the City of Sebastian, a Florida municipal corporation, as "City", and Timothy C. McNamee and Patricia Zambelli, as "Owners", of the property located at 1623 U.S. Highway #1, Unit A-3, Sebastian, Florida, a unit in a commercial condominium known as Sebastian Executive Building. WHEREAS, the City Council of the City of Sebastian finds that providing public parking to assist private businesses meet their parking needs is an economic benefit to the entire community; and WHEREAS, the requirements for parking are outlined in Sec. 54-3-15 of the City's Land Development Code and include an In Lieu of Parking Program allowing businesses to purchase parking to meet their parking requirements; and WHEREAS, the recent issuance of a Business Tax Receipt changing the use for the subject unit from office to medical use requires 2 additional parking spaces; and WHEREAS, the Owners have decided to participate in the Parking -In -Lieu Purchase Program and purchase two (2) additional spaces from the City. NOW THEREFORE, in consideration of the mutual promises and obligations stated herein, the City and Owners do hereby incorporate all terms and conditions in this Agreement and mutually agree as follows: 1. PURPOSE. The purpose of this agreement is to provide the Owners with the non-exclusive use of two (2) additional public parking spaces for the benefit of the development of their property located at 1623 U.S. Highway #1, Unit A-3. 2. FEE. The fee for two parking spaces at $3,200 per space, as established by Resolution R- 10-35, totals six thousand four hundred dollars ($6,400.00). 3. PAYMENT AND INTEREST. Owners agree to make monthly payments to the City of $149.00 for forty-six (46) months, including interest at the rate of three and one half percent (3.5%) per annum, in accordance with the loan summary and amortization schedule in Exhibit A, attached hereto and incorporated herein by this reference, for a total of $6,848.00. Payment is due to the City the first of every month, starting August 15, 2021. 4. ESTABLISHMENT OF LIEN. This Agreement, and the obligations created hereunder, is secured by a lien upon the property described in Exhibit B, attached hereto and incorporated herein by this reference. Such lien shall be of equal dignity with the lien for taxes and shall be enforceable in the same manner as provided by law, and may be satisfied at any time by 46 of 148 payment thereof, including accrued interest. Upon such payment, the City shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the public records of Indian River County. 5. COVENANT RUNNING WITH THE LAND. This Agreement shall constitute a covenant running with the land and shall be binding upon the heirs, successors and assigns of the parties. 6. NON EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non- exclusive use by the Owners, and the City shall retain fee ownership of the public parking spaces. 7. LIMITS OF USE. This Agreement confers no rights upon the Owners to place any advertisement, notices or signage. The City expressly retains all such rights. The Owners shall make no use of the parking spaces except as specifically authorized in this Agreement. 8. SUCCESSORS AND ASSIGNS. This Agreement and each of its terms and conditions shall be binding upon the parties and their respective successors and assigns. There shall be no assignment of this Agreement or any of the rights or obligations herein, without the advance; written consent of the City. 9. NOTICES. All notices required by this agreement shall be in writing and delivered either by registered or certified mail to the other party at the address given below: "City": City Manager "Owners": Timothy McNamee & Patricia Zambelli City of Sebastian 940 Crescent Beach Road 1225 Main Street Vero Beach, FL 32963 Sebastian, FL 32958 Any party may change address or designee by giving written notice of such change to the other parties. 10. REMEDIES. This Agreement provides the Owners with the necessary parking spaces required by the Code of the City of Sebastian only during such time as the Owners are current with respect to their financial obligations described herein. If any party shall fail to perform any term or condition hereof, and continue such nonperformance for a period of ninety days after receiving a notice of default, it shall be subject to such administrative, contractual, and legal remedies as provided by this Agreement, the Code of Ordinances of the City of Sebastian, and the laws of the State of Florida. Jurisdiction for any court action filed regarding this Agreement shall be in a court of competent jurisdiction in Indian River County, Florida. 11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 2 47 of 148 12. RECORDING. The City shall be responsible for recording this Agreement in the Official Records of Indian River County and the Owners shall pay all recording fees. A copy of the recorded Agreement shall be provided to the Owners by the City within fifteen (15) business days after recording. 13. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last party to sign. ATTEST: Jeanette Williams, MMC City Clerk OWNERS: y: moth . Mc amee By: Patcia Tli STATE OF FLORID COUNTY OF INDIAN RIVER CITY OF SEBASTIAN, FLORIDA Paul Carlisle, City Manager Date: Approved as to form and legality for reliance by the City of Sebastian only Manny Anon, Jr., City Attorney Date: 9 ( Date: The foregoing instrument was acknowledged before me this � day of ) LA. _ .ke�, 2021 b Timothy C. McNamee & Patricia Zambelli, who are personally known to me or both duced F'L 1_ (identification). ,rV Notary br State Lez i' Nortne Linda Gonzalez My Co"wwwoon GG 170327 SEAL voltV EEzperes 12121=1 NOTARY P[BLIC Print Name: No r OA-C,, L,, '-, 110 h Z- AG Z- Commission No.. Expiration: ,fog 3 I O I EXHIBIT A Loan Amount: $6,400.00 Term: 46 Months Interest Rate: 3.50% Monthly Payment: $149.00 Total of Payments: $6,848 Total Interest Paid: $448.00 Amortization Schedule Date Interest Principal Balance Aug, 2021 $19 $130 $6,270 Sep, 2021 $18 $131 $6,139 I Oct, 2021 $18 $131 $6,008 Nov, 2021 $18 $131 $5,877 Dec, 2021 $17 $132 $5,745 Total 2021 $90 $655 $5,745 Jan, 2022 $17 $132 $5,613 Feb, 2022 $16 $133 $5,481 Mar, 2022 $16 $133 $5,348 Apr, 2022 $16 $133 $5,214 May, 2022 $15 $134 $5,081 Jun, 2022 $15 $134 $4,947 Jul, 2022 $15 $134 $4,812 Aug, 2022 $14 $135 $4,677 Sep, 2022 $14 $135 $4,542 Oct, 2022 $13 $136 $4,406 Nov, 2022 $13 $136 $4,270 Dec, 2022 $13 $136 $4,134 Total 2022 $175 $1,611 $4,134 Jan, 2023 $12 $137 $3,997 Feb, 2023 $12 $137 $3,860 Mar, 2023 $11 $138 $3,722 Apr, 2023 $11 $138 $3,584 May, 2023 $11 $138 $3,446 Jun, 2023 $10 $139 $3,307 Jul, 2023 $10 $139 $3,168 Aug, 2023 $9 $140 $3,028 Sep, 2023 $9 $140 $2,888 Oct, 2023 $9 $140 $2,748 Nov, 2023 $8 $141 $2,607 Dec, 2023 $8 $141 $2,466 Total 2023 $118 $1,668 $2,466 Page 1 of 2 49 of 148 EXHIBIT A (CONTINUED) Date Interest Principal Balance Jan, 2024 $7 $142 $2,324 Feb, 2024 $7 $142 $2,182 Mar, 2024 $6 $143 $2,039 Apr, 2024 $6 $143 $1,896 May, 2024 $6 $143 $1,753 Jun, 2024 $5 $144 $1,609 Jul, 2024 $5 $144 $1,465 Aug, 2024 $4 $145 $1,321 Sep, 2024 $4 $145 $1,176 Oct, 2024 $4 $145 $1,030 Nov,2024 $3 $146 $884 Dec, 2024 $3 $146 $738 Total 2024 $59 $1,728 $738 1 Jan, 2025 $2 $147 $591 Feb,2025 $2 $147 $444 Mar, 2025 $1 $148 $296 Apr, 2025 $1 $148 $148 May, 2025 $0 $148 $0 Total 2025 $6 $738 $0 Page 2 of 2 50 of 148 EXHIBIT B Legal Description per Warranty Deed: Unit No. 3, more particularly described as Suite A-3, SEBSTIAN EXECUTIVE BUILDING, according to the Declaration of Condominium, together with an undivided share in the common elements appurtenant thereto, as set forth in the Declaration of Condominium recorded in Official Record Book 701, Pages 2015 through 2103, inclusive, and all exhibits and amendments thereto, all recorded in the Public Records of Indian River County, Florida. 51 of 148 Sec. 54-3-15.4. - Parking requirements. (5) Within the commercial waterfront residential and commercial riverfront zoning districts the following shall apply: a. Increases to the floor area of an existing building, construction of a new building having greater floor area or a change to the approved uses in an existing building, the parking requirements of this section shall apply. In lieu of meeting these requirements, owners or developers in the community redevelopment area (CRA) shall be allowed to purchase required parking spaces by paying a fee in accordance with this subsection (5). (i) Establishment of riverfront parking trust fund. The riverfront parking trust fund is hereby established to receive the fee paid by developers in lieu of providing on - site parking necessary for a project and shall be used only to develop and maintain public parking within the community redevelopment area east of the Florida East Coast railroad tracks. This program is available to commercial uses and properties within the commercial riverfront (CR) and commercial waterfront residential (CWR) districts only. (ii) Establishment and calculation of trust fund spaces. The fee amount shall be calculated on a "per space" standard. Fees shall be determined by the city based upon the cost of design and construction per parking space. If the city purchases additional land to be utilized as public parking, then the costs shall include the acquisition costs. These fees will be adopted by the city council and may be amended from time to time by resolution. (iii) Maximum. The maximum number of spaces that may be purchased in this program is 30 per development. (iv) Nonexclusive use. Any public parking utilized in this program is not assigned to a business or to be reserved in any manner. Participating in this program confers no rights upon the business to place any advertisement, notices or signage upon the parking spaces the city expressly retains all such rights. (v) Exceptions. Residential and multifamily uses are excluded from utilizing the parking trust fund to meet their parking requirements. 52 of 148 Cgmpas5i¢n I;eagh LLC 2.018 Casa ftrCg AVO ` vo 0 rarh, FL 32460 4M) 695-7975 Face (a7 j 338•52192 L.mlr' ,w 4 F V1,,;,It I4A V.,•,:gi,LEai� � �CPiti,Y SAY 15, 2021 Re: lffukiFoeyss[I( Addiflu_ai&lMkInS 1623 US Z 5uar A-3. m-ar C4yofSebastian made' rnfa.rcemeni Nvh Ion F'legase a u.(;f`pj this Ip."ter au our (eijie ial requrusl letter for two (2),sFKi� fut i i23 US i SuAv N3. We are aware Mat-lhe cost is S3,200 each. which money is depns'L(A into the Riverfront Porkin..g Trek%I Fj4. Inij and uuu� i For additiolial hyc-rfront pairk-i tq pFgj0 :is. Via kindly request manlbly payments of *net 1hundred fifty dollars ($150.00) 1 :.rm a"sa ,war,Iwary of trpo terms that I low-perce Huge interest rate! v�ill bo ch.nrg -d t�z ��r�� eraGnttstiY and a bets will be recacsrded on your unit urti-1 Me iRmOunl .s PWd Off: Please (at foe know it arly fttrthei acUorl qese::d ne taken on ouf P rt. Thank You 1l c� ,Sl 7ri Hein th i_LC 53 of 148 rn,,x SE T�V _-. HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: July 28, 2021 Aqenda Item Title: Agreement between the City of Sebastian and The Sebastian Charter Junior High School for one School Resource Officer. Recommendation: City Council to approve the Agreement between the City and the Sebastian Charter Junior High School for one School Resource Officer. Backaround: The City of Sebastian has proposed an agreement between the City and the Sebastian Charter Junior High School. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $ 21,467 Total Cost: $ 56,146 Funds to Be Utilized for Appropriation: General Funds Attachments: 1. Agreement Administrative Services Depa City Attorney Review: Procurement Division Re City Manager Authorization Date: r Of 54 of 148 AGREEMENT BETWEEN THE SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA AND CITY COUNCIL OF THE CITY OF SEBASTIAN FOR THE SCHOOL RESOURCE OFFICER PROGRAM (SRO) THIS AGREEMENT, made and entered into this day of 2021, by and between the SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA, (hereinafter referred to as the CHARTER SCHOOL, and THE CITY COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY); WITNESSETH: A. The Charter School and the City desire to provide law enforcement, counseling, and law -related educational service programs to the schools of Indian River County as defined in F.S.S. 1006.12. B. The provisions of F.S.S. 1006.12 require the Charter School and Principal to assign one or more safe -school officers at each school facility within the district. C. It is mutually agreed that a continuation of the School Resource Officer Program is in the best interests of the student population, the Charter School, the City, and the citizens of Indian River County. D. The parties agree that the term of this Agreement shall be for a period of one (1) year, with the option to renew the Agreement for an additional one (1) year period upon mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the Charter School and the City hereby agree as follows: ARTICLE I A School Resource Officer (SRO) Program is hereby continued with the Sebastian Charter Junior High School of Sebastian, Florida, for twelve months per year. 1 55 of 148 ARTICLE II Rights and Duties of the City The City shall provide School Resource Officers as follows: A. Number of School Resource Officers: 1. The City shall assign one regularly employed SRO to the following school: a. Sebastian Charter Junior High School B. Regular Duty Hours of School Resource Officers: 1. The SRO's shall be assigned to a school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. This includes designated summer school days and hours as mutually agreed upon by the City and Charter School. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined in Section 1006.12, Florida Statutes are: l . The School Resource Officers shall abide by Charter School policies and shall consult with and advise the Charter School of any conflicts between their policies and the Cities Standard Operating Procedures (SOP's) through the school principal or his/her designee. The SRO shall be responsible to the law enforcement agency in all matters relating to employment. Activities conducted by the School Resource Officer, which are part of the regular instructional program of the school, shall be under the direction of the principal or his/her designee. 2. To perform law enforcement functions within the school setting. 3. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 4. To foster a better understanding of the law enforcement function. 5. To develop positive concepts of law enforcement. 6. To provide information about crime prevention. 2 56 of 148 7. To provide assistance and support for crime victims identified within the school setting, including abused children. 8. To promote positive relations between students and law enforcement officers. 9. To enhance knowledge of the fundamental concepts and structure of law. 10. When requested by the principal or his/her designee, the SRO may attend any school -related activity (i.e., faculty, parent meetings, special functions, etc.). The duty must be approved by the unit supervisor, if it is overtime, the cost of the overtime shall be borne by the Charter School where appropriate. 11. The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues and confidentiality rules and ethics as accepted and defined in State laws and professional standards. City acknowledges and agrees that it will not disclose confidential student information to any other person or entity, and will only use the confidential student information for the purposes of this Agreement and for no other purpose unless otherwise required by State and Federal law. Upon the completion of the non -law enforcement SRO services, City shall return to Charter School all original and any copies of the confidential student information, and shall not retain any confidential student information. As the City will be receiving student information that is otherwise confidential, the City shall fully comply with the requirements of § 1002.22 and § 1002.221, Florida Statutes, and any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records unless otherwise required by law. Further, notwithstanding any other provision in this Agreement to the contrary, the City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the Charter School and its officers and employees harmless for the City's own negligence, including, but not limited to defending the Charter School and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the Charter School, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon the Charter School arising out of the negligence by the City, or its officers, employees, agents, representatives, contractors, and subcontractors, , or a negligent violation of § 1002.22 or § 1002.221, Florida Statutes that is not permissible by law. This provision shall survive the termination of or completion of all obligations under this Agreement and shall be fully binding upon City until such time as any proceeding which may be 3 57 of 148 brought on account of this provision is barred by any applicable statute of limitations. 12. The SRO shall become familiar with all community agencies, which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. The SRO may make referrals to such agencies, when necessary and appropriate in their sole discretion, thereby acting as a resource person to the students, faculty, and staff of the school. The discretion regarding the method of reporting of an event is the sole discretion of the Officer and the requirements of all State and Federal laws as amended from time to time. 13. The SRO shall assist the principal or his/her designee in developing plans and strategies to prevent and/or minimize dangerous situations, which may result from student unrest and emergency situations. 14. Should it become necessary to conduct formal law enforcement investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes and Federal law. 15. The SRO shall take law enforcement action as required. As soon as practical, the SRO shall make the principal or his/her designee aware of such action. At the Principal or Principal designee's request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions following the City's SOP's in place. 16. The primary function of the SRO is a campus Law Enforcement Officer. The SRO shall give assistance to other police and deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school and other government agencies (i.e., law enforcement, DCF, State's Attorney, etc.). 17. The SRO will submit reports and statistical data, as necessary, to include police department generated reports, to include an Agency Case Number, regarding any on -campus incidents for which an SRO or other police officer prepares reports and documents as allowed by State law. 18. The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal or his/her designee believes an incident is a violation of the law, the principal or designee may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. School Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If there is a problem area, the SRO may assist the school until the problem is solved. 4 58 of 148 19. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). 20. The SRO will perform his/her duties in their police department duty uniform. Appropriate civilian clothes may be worn with the approval of the unit supervisor. 21. All law infractions will be reported to the school's resource officer by all school personnel. 22. The SRO will be involved in summer activity to include, but not be limited to, juvenile case management, gang resistance education training, cyber-safety training, school safety, participation in the Explorer program, and participation in relevant summer camps. D. The City and each SRO shall only use the information made accessible to him or her by the Charter School in furtherance of this Agreement, and only for the purposes for which the disclosure was made or as may otherwise be required by law. The City acknowledges and agrees that each SRO will have access to Personally Identifiable Infon-nation and Education Records pursuant to section 1002.221, Florida Statutes, 20 U.S.C. 1232g, and the federal regulations issued thereto, and that the SROs shall not disclose such information to any other party unless specifically authorized or required by law. ARTICLE III Rights and Duties of the Charter School The Charter School shall make available to the full-time SRO the following materials and facilities which are deemed necessary for the performance of their duties. A. A secure and private office located as close to the principal's or designee's office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential information maintained within. The office will be voice secure for purposes of interviews and counseling. The office will contain the following materials and equipment. 1. Air conditioning. 2. Computer with Internet access and VPN, or other connection type, required to connect to the City's network and access software programs and network resources. 3. Desk and chair. 4. 4-drawer legal locking file cabinet. 5 59 of 148 5. 6-shelf book shelf. 6. 2 visitor chairs for counseling and interviews. 7. 1 work table. 8. Office supplies as requested. 9. Phone with local and long distance calling capability. 10. Charter School email address. 11. 1 large dry erase board. 12. Secretarial assistance. 13. It is imperative that SRO's be able to communicate with school personnel on their radio frequencies. If the SRO's primary school is utilizing a frequency band not compatible with the SRO's issued radio, the school will provide the SRO with a radio. ARTICLE IV Financing of the School Resource Officer Program A. The Charter School and the City agree to share in the overall costs associated with the School Resource Officer Program. The Charter School agrees to provide for 50% of the salaries and benefits of the SRO's. Notwithstanding the foregoing, the amount funded by the City for the overall costs of the School Resource Officer Program will be negotiated each year of this Agreement. This does not affect or guide any negotiations the City has regarding its Collective Bargaining unit and those negotiations shall have precedence. B. Any vehicle or equipment leased, rented, or donated to the City for use in the SRO Program shall become an asset of the City and; therefore, will be subject to City rules, regulations, and policy governing use. C. The City in its sole discretion shall provide the appropriate vehicle and equipment to conduct the duties of the SRO. 6 60 of 148 ARTICLE V Employment Status of School Resource Officer School Resource Officers shall remain employees of the City and shall not be employees of the Charter School. The Charter School and the City acknowledge that the School Resource Officers shall remain responsive to the chain of command of the City. ARTICLE VI Appointment and Training of School Resource Officers A. Appointment of School Resource Officers will be made solely by the City in accordance with City's policy. B. School Resource Officers will receive training in the following schools: 1. Basic SRO Program. 2. Crisis Intervention Training (CIT). 3. The Sebastian Charter Junior High, Inc. should make a reasonable effort to secure state funding for the annual FASRO (Florida Association of School Resource Officer's) Conference or other SRO Training Programs. If such funding is not available, the expense incurred will be mutually agreed upon by the two entities providing the budget appropriations are available (lodging, food, registration and travel). Expenses to the Charter School shall not exceed a total of $1,000.00 annually for this conference. ARTICLE VII Dismissal of School Resource Officer; Replacement A. In the event the principal of the school, to which the SRO is assigned, feels that the particular SRO is not effectively performing his or her duties and responsibilities, as outlined in F.S.S.1006.12, the principal shall recommend to the Superintendent who may recommend to the Chief of Police, or designee, that the SRO be removed and shall state the reasons in writing. 1. Upon receipt of such recommendation from the Principal or designee, the Chief of Police and the Principal, or their designees shall meet with the SRO and his immediate supervisors to mediate or resolve any problems, which may exist. At such meeting, specified members of the staff of the school, to which SRO is assigned, may be required to be present. 61 of 148 2. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the SRO shall be removed from the program at the school and a replacement shall be obtained at the sole discretion of the City through consultation with the Charter School. 3. In the event mediation is not sought by the Chief of Police, then the SRO shall be removed from the program at the school and a replacement shall be obtained. B. The City may dismiss or reassign an SRO based upon the Cities rules and regulations. C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case of long-term absences by a SRO, the City will provide a temporary or permanent SRO. ARTICLE VIII SRO Schedule A. SRO's will be assigned to each school designated in Article II from the beginning of the school year to the end of the school year. B. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any duty must be approved by the unit supervisor, if it is overtime. C. When extra -duty details are required by the Charter School, the parties shall ensure that the details are first filled by SRO's. If a sufficient number of SRO's are unavailable or, if the need for extra -duty officers exceeds the number of SRO's, then other police officers shall be authorized to work the detail. D. SRO's shall also be present for summer school programs as mutually agreed upon by the City and the Principal or their designees. ARTICLE IX IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL BOARD'S CUSTODIAN OF RECORDS: Dr. Bill Dodds, 772-388-8838, Bdoddsa.scih.ors. 782 Wave Street, Sebastian, Florida 32958. 1. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties. The City and the Charter 8 62 of 148 School acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 2. The City and the Charter School shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the Charter School in order to perform the scope of services. 3. Upon request by the City or the Charter School, either party shall provide a copy of any and all requested public records or allow the requested public records to be inspected or copied, within a reasonable time, at a cost that does not exceed the cost allowed by law. 4. The City and the Charter School shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of the Agreement term and following completion of the Agreement if the City does not transfer the public records to the Charter School as indicated below. 5. The City and the Charter School shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the Charter School to perform the scope of services. Upon request by the City or Charter School, all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or Charter School. 6. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with this requirement shall result in the immediate termination of the Agreement, without penalty to the City or the School Board. Further, the City and Charter School shall mutually and fully indemnify and hold harmless each other, their officers, agents and employees from any liability and/or damages, including attorney's fees through an - appeals, resulting from the City's or Charter School's failure to comply with the requirements of Chapter 119, Florida Statutes. ARTICLE X Termination of Agreement This agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement, but subject to applicable law. This Agreement may be terminated without cause by either party upon a ninety (90) day written notice. Termination of the Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, compensation will be made to the City for all services performed to the date of termination. The Charter School shall be entitled to prorated refund for that period of time when SRO services are not provided because of termination of this Agreement. ARTICLE XI Good Faith 9 63 of 148 The Charter School, the City, their agents, and their employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Principal's Office and the Chief of Police's Office. ARTICLE XII Modification This document constitutes the full understanding of the parties and no terms, conditions, understandings or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be charged. ARTICLE XIV Non -Assignment This Agreement, and each and every covenant herein, shall not be capable of assignment unless the express written consent of the Charter School and the City is obtained. ARTICLE XV Sovereign Immunity No Waiver of Sovereign Immunity. Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes, or any other governmental immunity by any entity or individual to which such immunity may be applicable. ARTICLE XVl Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. [SIGNATURES TO FOLLOW ON NEXT PAGE] io 64 of 148 Signed, sealed, and delivered in the presence of: Witness Attest: Date Witness Date SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA Amy Banov, President of Board of Directors Dr. Bill Dodds, Principal Date CITY COUNCIL OF THE CITY OF SEBASTIAN Ed Dodd, Mayor Date 65 of 148 CM LX HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 28, 2021 Aqenda Item Title: Planning and Zoning Commission Recommendation: Interview, Unless Waived, Submit Nominations for One Unexpired, Alternate Member Term — Term will Expire November 1, 2022 Backqround: The City Clerk has received one application from Karen Jordan Attachments: Application, Advertisement, Member List Administrative Services Depart ent No NIA City Attorney Review Procurement Division eview, if ap able: _N/A 7 City Manager: Date:/f /I 66 of 148 OR It HOME OF PELICAN 15IAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: +btro_n L� Jorc aLY1 Address: J41 f -RywA _ A\e- City: _ _,b0 VXn Zip: Telephone: ( 106 ) E-Mail Address: V-,aTP.nW0()Cj1 b ('4avvs)_ 1 Y-1.1 ko1''Yi Employer: NO City: tiA State: t l(v Zip: 'K[Pr Bu5+pre&s Telephone: I am interested in serving on the following boa rds)/committee(s): State: L 1" Choice: P10.011f ing e ZDnt'l ce m 'Ssim2"d Choice: ` e:�e C`C rv; f t- AvisOrv/ hocL 'J 1 I CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) (PLANNING AND ZONING_COM.MISSI.ON*_�* (permanent) L... _ ._ POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 67 of 148 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) RU:51nP_S5 +&OC621- k(J5cneSS U CAt'on Why do you want to serve on this board? rnnrp, cAc i`UE in M�/ I oca I q vemment Do you presently serve on another City Board or Committee? Ar) If yes, please list: (4�- Have you previouslyservedon any other City Board or Committee? \h°. 5 If yes, please list: CA,a.rt-Q� �e V iVJ,0 CovY-) n--,A- Pe C��( will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics,state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httQ://www.flsenate.¢ov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. J Signature of Applicants ll DiVI _ I� r/L� _ Date: �P—�� 1 Date Received by City Clerk's Office G / 7 ZD�( by: WRx Yl�_ M „ • DOME (`)F PELICAN ISLAND June 17, 2021 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill an unexpired, alternate n-iember position - term to expire 1111 /2022. This is a volunteer position. Applicants must have been a City resident one year prior to application and file annual financial disclosure. This Commission meets on the first and third Thursday of each Month at 5:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the Fours of 8.00 a.n7. to 4.30 p.nn. or at and will be accepted until July 5, 2021. 69 of 148 MEMBER NAME AND ADDRESS Robert Hughan 1244 Larkspur Street Sebastian, FL 32958 rhughan a().bellsouth.net (305) 498-2947 Rick Carter 237 Main Street Sebastian, FL 32958 focussys(ccomcast. net 918-4600 Tahir (Bash) Qlzilbash 103 Barbara Court Sebastian, FL 32958 Bash.pes EDamail.com 581-0775 PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST) Reappointed reg member 12/9/2020 Took McManus' regular member position 11/2017 Reappointed alt member 2/22117 Took Kautenburg's unexpired alternate member position 12/16/15 Reappointed 5/27/2020 Reappointed 3/22/17 Took Cardinale's expired regular member position 4/27/11 Took Durr's unexpired alt member position 219111 Reappointed 3/26/14 Reappointed 5/27/2020 Reappointed 5/10/17 Reappointed 3/26/14 Took Paul's expired regular member position 4/27/11 CURRENT STATUS Term to expire 11/112023 Term to expire 411120 23 Term to expire 51112.023 Bill Simmons Appointed regular member 2/12/2020 Term to expire 2/1/2023 509 Drawdy Way Sebastian, FL 32958 Reappointed alternate member 11/20/19 Bsimmons4l e.comcast.net (270) 314-3554 Took Alvarez's expired alternate member position 12/14/16 70 of 148 Louise Kautenburg Appointed regular member 6/9/2021 Term to expire 6/1/2024 973 Oswego Avenue Sebastian, FL 32958 Appointed alternate member 2/12/2020 Louisekl Oiuno.com 696-3716 Reappointed regular member 2/22/17 Took Durr's unexpired regular member position 10/14/15 Reappointed 1/8/14 Took Hennessey's unexpired alternate member position 3/14/12 Joel Roth — Vice Chair Reappointed 5/8/19 Term to expire 5/1/2022 1984 E. Lakeview Drive Sebastian, FL 32958 Reappointed 4/27/16 ioelroth(i)msn.com 589-6894 Reappointed 4/24/13 Reappointed 5/12/10 Took Buchanan's unexpired regular member position 1/27110 Al Alvarez Reappointed 11/20/19 Term to expire 11/112022 492 Quarry Lane Sebastian, FL 32958 Took Dodd's expired regular member alalvarez()aol.com position 12/14/16 532-8767 Took McManus' unexpired alternate member position 11119/14 John Christino - Alternate Took Mauti's expired alternate member Term to expire 1/1/2023 182 Spring Valley Avenue position 12/11/19 Sebastian, FL 32978 i.christino().sbcalobal.net (772) 202-7812 Vacant Term to expire 11/1/2022 revised 6.11.2021 71 of 148 Attorney's Matters - B.C.C. 07.13.21 Dvlan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Office of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 7, 2021 RIVER COUNTY ATTORNEY SUBJECT: County Commissioner Districts — Redistricting Based on the 2020 Decennial Census Article VIII, section (1)(e) of the Florida Constitution provides that "after each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable." Additionally, section 124.01, Florida Statutes provides that "there shall be five county commissioners' districts in each county, which shall be numbered one to five, inclusive, and shall be as nearly equal in proportion to population as possible." Section 124.01, Florida Statutes, goes on to say that changes in county commissioner districts "shall be made only in odd -numbered years." Although it is anticipated that the 2020 Decennial Census will not be completed until September 2021, the County Attorney's Office believes that it is important to start the process of getting ready for redistricting. This agenda item is intended to raise the issue in a public meeting for the first time, to initiate general discussion with the Indian River County Board of County Commissioners ("Board") and to begin the process of public education and awareness. The ultimate objective is to establish commissioner districts which (1) meet the Florida constitutional and statutory requirement that they be nearly equal in population, (2) do not violate any other overriding law (such as the federal Voting Rights Act) by disenfranchising or minimizing the political impact of any social or ethnic group, and (3) are established through an open and transparent process with full opportunity for citizen input. The plan is that the process will be completed using County staff working with the Supervisor of Elections, with input from the School Board and municipalities. The County Attorney's Office recommends that the Board consider the following initial proposed schedule for the redistricting process: ClGrcnicuellgi.mrSV.SITr�19183o/N-o6Na6t3 86h1446'ab109a19Q 72 of 148 Board of County Commissioners July 7, 2021 Page Two • July 13, 2021 - general discussion by the Board, including adoption of a schedule to complete the redistricting process • August 17, 2021 - first public hearing by the Board to discuss redistricting plans and criteria, to solicit public input, and to adopt a final plan setting forth the criteria upon which the new districts will be based. The County Attorney's office will prepare a proposed plan prior to the meeting • Between August 17, 2021 and October 19, 2021 - County staff, working with the Supervisor of Elections and municipal representatives who wish to participate, will develop conceptual district maps. Upon development, the maps will be posted by the County and Supervisor of Elections on their websites and at their facilities. Any other local government, including the School Board and other municipalities, will be invited to post the conceptual maps as well • October 19, 2021 - second public hearing by the Board to discuss the conceptual maps, solicit public input, and provide final instructions to staff for the development of a final proposed map • Between October 19, 2021 and December 7, 2021 - County staff will develop a final proposed map. Upon development, the map will be posted in the same manner outlined above for the conceptual maps • December 7, 2021 - third and final public hearing by Board to discuss the final proposed map, solicit public input and adopt a final district map The attached schedule has been provided to the School Board and municipalities. Please be aware that this schedule may change due to the timing of receiving the 2020 decennial census data. FUNDING. Work will be performed by County and Supervisor of Elections staff. The Supervisor of Elections has already included anticipated redistricting costs in the proposed FY 2021 — 2022 budget. RECOMMENDATION. The County Attorney recommends that the Board generally discuss the redistricting objectives and process, raise any issues of concern, consider the above schedule and, if it is acceptable, adopt the schedule. Cr1G�onuu lCrgm...SILS�Tr.apw183c1r'+-n6cl ea3-801 d+VA209,Nd- 73 of 148 Lin (* SEBAST_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: July 28, 2021 Aqenda Item Title: Children's Trust presentation Recommendation: City Council to provide direction on how to proceed with the consideration of the proposed Children's Trust of Indian River County. Background: In order to establish a special district countywide, LAW Section 125.01(5) (a), Florida Statutes, the special district would be subject to the approval of the governing body of the incorporated area affected. Thus, the City of Sebastian City Council will need to approve the special district in order to have the millage rate applicable in the incorporated areas of the City of Sebastian. According to the Children's Trust of Indian River County, Indian River County's children need enhanced services. It has been established that 14.5% of babies born in Indian River County each year are considered low birth weight or preterm and 50% of babies born in Indian River County each year are born into poverty. Over half of the children in Indian River County are not prepared to enter kindergarten and as many as 50% of children with developmental delays or disorders are not diagnosed or properly treated before they start school. In Indian River County only 51 % of children in 3rd grade read on grade level and only 5 1 % of 7th graders are proficient in 7th grade math. Every year in Indian River County over 1,500 reports of suspected child abuse are received by the Department of Children and Families. Over 10% of middle school age children report using alcohol in the past 30 days and 18% of Indian River County students are chronically absent and over 60% of students are eligible for free & reduced lunch. If Aqenda Item Requires Expenditure of Funds: TBD Attachments: 1. PowerPoint presentation 2. DRAFT Resolution 3. DRAFT Interlocal Agreement 4. Indian River County Draft Ordinance 5. Section 125.01(5)(a) Florida Statutes Administrative Servicc City Attorney Review: Procurement Division City ManagerAuthoriization: % Date: / ";- z A 74 of 148 RESOLUTION NO. R-21-XX A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PURSUANT TO SECTION 125.01(5) (a), FLORIDA STATUTES, GRANTING APPROVAL TO THE INCLUSION OF THE INCORPORATED AREAS OF THE CITY OF SEBASTIAN WITHIN THE PROPOSED CHILDREN'S TRUST DISTRICT, A DEPENDENT SPECIAL TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to establish a special district countywide, IAW Section 125.01(5) (a), Florida Statutes, the special district would be subject to the approval of the governing body of the incorporated area affected. Thus, the City of Sebastian City Council will needto approve the speciNistrict in order to have the millage rate applicable in the incorporated areas of the City of Sebastian. WHEREAS, the community has taken action to formally recommend to the Indian River County Board of County Commissioners the establishment of a dependent special district to be known as the Children's Trust District and to hold a referendum on the creation of the Children's Trust District with the authority to levy an ad valorem tax to support authorized Children's Trust; and WHEREAS, investing in developmental and educational resources for children and families will provide measurable returns for our community; and WHEREAS, Indian River Countty's children need enhanced services; and WHEREAS, 14.5% of babies born in Indian River County each year are considered low birth nib weight or preterm and 50% of babies born i Indian River County each year are born into poverty; and WHEREAS, over half of the children in -Indian River County are not prepared to enter kindergarten; and WHEREteAS,-as many as 50% of children with developmental delays or disorders are not `= A diagnosed or properly,,treated before they start school; and t. WHEREAS, over 60% of students are eligible for free & reduced lunch; and WHEREAS, in Indian River County only 51% of children in 3rd grade read on grade level and only 51% of 7th graders are proficient in 7th grade math; and WHEREAS, every year in Indian River County over 1,500 reports of suspected child abuse are received by the Department of Children and Families; and WHEREAS, over 10% of middle school age children report using alcohol in the past 30 days; and WHEREAS, 18% of Indian River County students are chronically absent; and 75 of 148 WHEREAS, 64.7% of Florida's youth with major depression did not receive any mental health treatment in 2021; and WHEREAS, quality programs addressing these needs pay for themselves many times over and the cost of inaction is a tragic loss of human and economic potential that we cannot afford, WHEREAS, the City Council of the City of Sebastian determines that it is in the best interests of the health and well-being of our children and broader community to be included in the Children's Trust District. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTAIN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. APPROVAL. The City Council of the City of,Sebastian, Indian River County, Florida, hereby approves the inclusion of the incorporated area of the City of Sebastian within the proposed Children's Trust District, a dependent special taxing district; subject to the approval by the voters of the Indian River County. Section 2. 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 furtherbe assumed that the City Council would have enacted the remainder of this resolution without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. Section 3. SCRIVENER'S ERRORS. Sections of this resolution maybe 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. EFPECTIVE DATE. This resolution shall take effect immediately upon its adoption. P .� l This Resolution was heard on the ----------day of adoption byN- Council Member 11- and adopted by the following vote: Mayor Ed Dodd Vice Mayor Jim Hill Council Member Fred Jones Council Member Chris Nunn Council Member Bob McPartlan 2021, at which time it was moved for seconded by Council Member 76 of 148 CITY OF SEBASTIAN, FLORIDA By: Ed Dodd Mayor ATTEST: Jeanette Williams City Clerk Approved as to form and legal Sufficiency: Manny Anon, Jr. City Attorney 77 of 148 2-6-2020 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF REGARDING THE CHILDREN'S TRUST DISTRICT THIS INTERLOCAL AGREEMENT (the "Agreement"), made and entered into this day of , 2021, between Indian River County (the "County") and the City/Town of , a municipal corporation created pursuant to the laws of the State of Florida (the "Municipality"), regarding the Children's Trust District. WITNESSETH: WHEREAS, the community has recommended that the Indian River County Board of County Commissioners establish a dependent special district to be known as the Children's Trust District and to hold a referendum on the creation of the Children's Trust District with the authority to a levy ad valorem tax to support authorized children's trust services; and WHEREAS, the Indian River County Board of County Commissioners has determined that it is in the best interests of the health and well-being of our children and broader community to place a referendum establishing the Children's Trust District within Indian River County before the qualified Indian River County voters on the November 8, 2022 general election ballot, WHEREAS, the Town/City of has agreed to be part of the Children's Trust District. NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the County and Municipality agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. DURATION, TERMINATION, AND AMENDMENT. (a) This Agreement will remain in full force and effect unless terminated through an amendment by the parties pursuant to the procedure set forth in subsection 2(b) or through court action; (b) This Agreement may only be amended by the mutual consent of the parties and in the same manner as its original adoption. SECTION 3. CHILDREN'S TRUST DISTRICT. If approved by the voters of Indian River County, the Municipality agrees to remain in the Children's Trust District for the duration of the term as approved by the voters. SECTION 4. NOTICE. 100121962.DOCX.1 } 78 of 148 INTERLOCAL AGREEMENT (Children's Trust District): Indian River Countv & City of Fellsmere Page 2 of 4 (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: City: City/Town Manager City/Town of with a copy to the City Attorney County: County Administrator 1801 27`h Street Vero Beach, Florida 32960-3365 with a copy to the County Attorney The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company; and (b) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 5. DISPUTES, GOVERNING LAW, VENUE. The parties shall negotiate in good faith to resolve any dispute arising under this Agreement or under any instrument made to carry out the terms of this Agreement. Failing resolution, the affected parties shall attempt to resolve the dispute by use of the Florida Governmental Conflict Resolution Act, section 164.101, Florida Statutes, et. seq. (the "Act"). Failing to resolve the issue through the process under the Act, either party may seek redress in a court of competent jurisdiction with each nartv bearing their own attornevs' fees and costs in any resolution of any dispute. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 100121962.DOCX. ] } Page 2 of 4 79 of 148 INTERLOCAL AGREEMENT (Children's Trust District): Indian River County & City of Fellsmere Page 3 of 4 SECTION 6. CONFLICT. To the extent of any conflict between this Agreement and any existing County or Municipality agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing Municipality or County ordinance. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, far any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 8. RECORDATION. This Agreement shall be recorded in the Office of the Circuit Court in Indian River County. The County shall pay the costs of recordation of this Agreement. SECTION 9. EFFECTIVE DATE. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by Section 163.01(11), Florida Statutes. 100121962.DOCX.1 } Page 3 of 4 INTERLOCAL AGREEMENT (Childaren's Trust District): Indian River County & Cit_v of Fellsmere Page 4 of 4 APPROVED this day of , 2021. INDIAN RIVER COUNTY, a subdivision of CITY OF FELLSMERE, a municipal the State of Florida corporation and political subdivision of the State of Florida By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M. Deputy Clerk APPROVED: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency By: Dylan Reingold, County Attorney f.•lattorneyldylartlinterlocal agreement children`s mul.docx 100121962.DOCX.1 } By: Joel Tyson, Mayor ATTEST: Maria Suarez -Sanchez City Clerk APPROVED: By: Mark D. Mathes, City Manager Approved as to form and legal sufficiency. Page 4 of 4 By: Warren W. Dill, City Attorney 81 of 148 ORDINANCE NO. 2021- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REPEALING PART II (CHILDREN'S SERVICES ADVISORY COMMITTEE) OF CHAPTER 103 (COMMISSIONS AND BOARDS); ENACTING CHAPTER 215 (CHILDREN'S TRUST DISTRICT) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA CREATING THE CHILDEN'S TRUST DISTRICT, BEING A SPECIAL DEPENDENT TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS FOR THE PROVISION OF SERVICES TO PROMOTE THE HEALTH AND WELL-BEING OF CHILDREN IN ALL OF INDIAN RIVER COUNTY AND REVISING THE ADMINISTRATION AND FUNDING OF CHILDREN'S SERVICES; PROVIDING FOR A REFERENDUM FOR THE LEVY OF AD VALOREM TAX BY THE CHILDREN'S TRUST DISTRICT; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, SUNSET AD VALOREM TAX BY THE CHILDREN'S TRUST DISTRICT; AND AN EFFECTIVE DATE. WHEREAS, the community has taken action to formally recommend to the Indian River County Board of County Commissioners the establishment of a dependent special district to be known as the Children's Trust District and to hold a referendum on the creation of the Children's Trust District with the authority to a levy ad valorem tax to support authorized children's trust services; and WHEREAS, investing in developmental and educational resources for children and families will provide measurable returns for our community; and WHEREAS, Indian River County's children need enhanced services; and WHEREAS, 14.5% of babies born in Indian River County each year are considered low birth weight or preterm and 50% of babies born in Indian River County each year are born into poverty; and WHEREAS, over half of the children in Indian River County are not prepared to enter kindergarten; and WHEREAS, as many as 50% of children with developmental delays or disorders are not diagnosed or properly treated before they start school; and WHEREAS, over 60% of students are eligible for free & reduced lunch; and WHEREAS, in Indian River County only 51 % of children in 3rd grade read on grade level and only 51 % of 7th graders are proficient in 7th grade math; and WHEREAS, every year in Indian River County over 1,500 reports of suspected child abuse are received by the Department of Children and Families; and 1 82 of 148 ORDINANCE NO. 2021- WHEREAS, over 10% of middle school age children report using alcohol in the past 30 days; and WHEREAS, 18% of Indian River County students are chronically absent; and WHEREAS, 64.7% of Florida's youth with major depression did not receive any mental health treatment in 2021; and WHEREAS, quality programs addressing these needs pay for themselves many times over and the cost of inaction is a tragic loss of human and economic potential that we cannot afford, WHEREAS, the Indian River County Board of County Commissioners determines that it is in the best interests of the health and well-being of our children and broader community to place a referendum establishing the Children's Trust District within Indian River County before the qualified Indian River County voters on the November 8, 2022 general election ballot. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authoritv. Article Vill, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Reoeal of Part II (Children's Services Advisory Committee) of Chanter 103 (Commissions and Boards) of the Code of Indian River County. Florida. Part II (Children's Services Advisory Committee) of Chapter 103 (Commissions and Boards) of the Code of Indian River County, Florida, is hereby repealed in its entirety. Section 3. Enactment of Chanter 215 (Children's Trust District) of the Code of Indian River County. Florida. Chapter 215 (Children's Trust District) of the Code of Indian River County, Florida is hereby enacted to read as follows: CHAPTER 215. CHILDREN'S TRUST DISTRICT. Section 215.01. — Creation and boundaries of Children's Trust District. 2 83 of 148 ORDINANCE NO. 2021- Pursuant to section 125.01(5)(a), Florida Statutes, there is hereby created a dependent special taxing district of the Board of County Commissioners to be known as the Children's Trust District. The boundaries of the district shall be all of Indian River County. Section 215.02. — Governing body. Then governing body of the district shall be the Board of County Commissioners sitting as the Board of Commissioners of the Children's Trust District. Section 215.03. - Purpose. The purpose of the Children's Trust District is to promote the health and well-being of children in a healthy community. The term "healthy" encompasses socioeconomic, physical, mental, social, emotional, environmental and educational health. Section 215.04. - Objective. (1) The objective of the Children's Trust is to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed by the Children's Trust Advisory Board. (2) Definition of child. Any person who has not attained the age of eighteen (18) years, also minor. (3) This objective will be met by the Children's Trust Advisory Board through the powers and functions of the Board of County Commissioners as follows: a) Recommended to provide and maintain in the county, services for children as the Children's Trust Advisory Board determines are needed for the general well being of the county. b) Collect information and statistical data and conduct research helpful to the Children's Trust Advisory Board and the county in deciding the needs of children in the county. c) Consult, collaborate, and coordinate with other agencies dedicated to the well being of children to the end that unnecessary duplication of services will be prevented. d) Recommend the allocation of funds to agencies that provide services for the benefit of children in Indian River County. e) Recommend standards for evidence based measurable outcomes within the request for proposal and monitor the agencies for actual performance on agreed upon standards. 3 84 of 148 , ORDINANCE NO. 2021- f) Recommend to employ, pay and provide benefits for any part-time or full-time position needed to execute the foregoing powers and functions. Section 215.05. - Appointment to the Children's Trust Advisory Board. (1) The membership of the Children's Trust Advisory Board shall consist of fifteen (15) voting members who must be residents of Indian River County as follows: a) Seven (7) ex-officio voting members. Those members shall be: 1. County Commissioner 2. Judge living in Indian River designated by Chief Judge 3. Superintendent of Schools 4. Department of Children and Families, Assistant District Administrator for Indian River County. 5. Department of Health County Health Department Administrator 6. Law Enforcement officer 7. Representative from the Indian River County Hospital District. b) Five (5) voting members from the community appointed by the Board of County Commissioners, which individuals shall have some form of expertise in the arena of children's services, such as a physician, licensed mental health professional, or child advocate. c) One voting member, appointed by the Board of County Commissioners, who is an accountant, certified financial officer, certified financial planner or has significant financial experience. d) Two (2) at -large voting members shall be appointed by the Board of County Commissioners. (2) The members appointed by the Board of County Commissioners shall have been residents of Indian River County for at least twenty-four (24) months prior to nomination. Such members shall be appointed for four-year terms, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. No at -large member shall serve for more than two (2) consecutive four-year terms. (3) No designee of principals will be allowed for any member of the Children's Trust Advisory Board. 4 85 of 148 ORDINANCE NO. 2021- (4) Except in the event of a conflict between with this Chapter, the Children's Trust Advisory Board shall be subject to the provisions of Chapter 103 of the Indian River County Code of Ordinances. Section 215.06. - Duties of the Children's Trust Advisory Board members. (1) Identify and assess the needs of the children in Indian River County and submit to the Board of County Commissioners a written description of: a) The activities, services, and opportunities available to Indian River County children. b) The activities, services, and opportunities that need to be provided to Indian River County's children. c) The anticipated schedule for providing those activities, services, and opportunities. d) The manner in which children will be served, including a description of collaboration and partnerships that will be made with community organizations, state and local educational agencies, federal agencies, public assistance agencies, the juvenile courts, foster care agencies, and other applicable public and private agencies and organizations. e) The strategy that will be used for interagency coordination and collaboration to maximize existing human and fiscal resources. f) The special outreach efforts that will be undertaken to provide services to promote healthy children. (2) Provide orientation to all new Children's Trust Advisory Board members, to allow them to perform their duties and understand the Sunshine Law. (3) Based upon board of county commissioner's fiscal year, provide an annual written report and presentation in January to the Board of County Commissioners. (4) Provide an updated short term and long-term plan to the Board of County Commissioners to include, but not limited to: a) Programs, services, and activities that meet the objectives of the Children's Trust Advisory Board. b) A detailed budget for activities, services, and programs recommended to receive funding from the Board of County Commissioners. Section 215.07. - Sub -committees. 5 86 of 148 ORDINANCE NO. 2021- (1) The Children's Trust Advisory Board may establish the change of membership in or termination of the existence of any sub -committees. Each sub -committee shall be named and shall have and may exercise such powers as delegated by the Children's Trust Advisory Board through the Board of County Commissioners. Sub -committees may be composed of Children's Trust Advisory Board members and citizens who are Indian River County residents. Only Children's Trust Advisory Board members shall serve as sub -committee chairs. A minimum of three people will serve on each sub -committee. (2) There shall be standing sub -committees created by the Children's Trust Advisory Board. The Children's Trust Advisory Board chair shall appoint the sub -committee chairs with the approval of the Children's Trust Advisory Board. Annually standing sub -committees will evaluate their effectiveness and make recommendations to the Children's Trust Advisory Board. a) Nominating sub -committee: Potential appointees shall submit resumes to the Board of County Commissioners and the board will make the selection. b) Community needs assessment and planning sub -committee: Identify and assess the needs of children of Indian River County through a needs assessment and asset mapping; submit to the Board of County Commissioners through the Children's Trust Advisory Board a written description of those needs. Provide and update short term and long term plan to the Children's Trust Advisory Board including, but not limited to: i) Programs, services, and activities that meet the objectives of the Children's Trust Advisory Board. ii) A detailed budget for activities, services, and programs recommended to receive funding from the Board of County Commissioners. c) Grant review and program sub -committee: In coordination with the executive office director, review and revise requests for proposal (RFP) based on need determination and set priorities. Submit to Children's Trust Advisory Board for approval. Review and recommend letters of intent submitted by agencies requesting funding. Through executive office director, notify selected grant applicant of second step process. Review final RFPs and make recommendations for funding to Children's Trust Advisory Board, who will then recommend to the Board of County Commissioners for funding. Receive, review and present to Children's Trust Advisory Board members' quarterly (at a minimum) reports from funded agencies. Conduct program evaluations throughout the funding period, schedule and attend site visits to funded program. 6 87 of 148 ORDINANCE NO. 2021- d) Other sub -committees deemed necessary to fulfill the duties of the Children's Trust Advisory Board may be established by the Children's Trust Advisory Board chair, with the expressed consent of the Board of County Commissioners. Section 215.08. - Meetings. (1) The Children's Trust Advisory Board will meet at least quarterly or as called by the chair. a) All members are expected to attend all meetings. If a member's annual attendance drops below the seventy-five (75) percent mark the executive office director shall submit a report to the Board County of Commissioners for their consideration of possible removal from Children's Trust Advisory Board. b) Members of the Children's Trust Advisory Board shall serve without compensation. (2) The fiscal year of the Children's Trust Advisory Board will be the same as the Indian River County Board of Commissioners. Section 215.09. - Funding. (1) In order to promote and improve children's health and well-being, and to fund quality programs and services for children residing in Indian River County, the Indian River County Board of County Commissioners shall dedicate each year an ad valorem tax of 0.250 of a mill from 2023-2024 to 2026-2027 and 0.375 of a mill from 2027-2028 to 2034-2035. (2) The amount of revenue to be generated shall be reported to the advisory board by the director as soon as reasonably possible after the property appraiser certifies the tax roll and shall be accounted for by the clerk separate and apart from all other county funds. (3) Effective beginning in 2023-2024, the millage raised for the Children's Trust District shall replace existing funding provided by the county's Children's Services Advisory Board and may be expended only for funding programs and services for children in accordance with the provisions of this article. (4) Any funds generated by the Children's Trust District not used during any fiscal year and all interest earned on such funds shall be accounted for and used only for the purposes established in this chapter. Section 215.10. Use of funds. 7 88 of 148 ORDINANCE NO. 2021- It is the intent of this chapter that the funds generated by the Children's Trust District shall be used for the development and authorization of continuing programs to improve the quality of life for all children in Indian River County. The Children's Trust District will expend funds for children's services to promote the health and well-being of children, which encompasses socioeconomic, physical, mental, social, emotional, environmental and educational health. Such programs and services may include, but shall not be limited to the following purposes: 1) To allocate and provide funds for agencies in Indian River County which are operated for the benefit of children. 2) To support programs and services which will enhance academic achievement and assist all children to achieve literacy and perform at grade level in core areas such as reading, math and science. 3) To provide and maintain in Indian River County such guidance, psychological, or psychiatric programs and services as the county determines are needed for the general welfare of the children and families of Indian River County. 4) To support programs and services which promote and improve the physical health and well-being of all children, including physical and recreational activities. 5) To support programs and services designed to stop child abuse before it starts. 6) To provide funds to programs and services that keep our children off the streets and away from drugs, alcohol and other risky behaviors. 7) To provide prenatal care programs where such programs will improve birth outcomes for all children. 8) To provide for such other services for all children as the county determines are needed for the general welfare of Indian River County. 9) To collect information and statistical data which will be helpful to the county in deciding the needs of children and to develop techniques for monitoring the efficacy of funded programs and services including, but not limited to the gathering of data, measuring outcomes, goal effectiveness, research. 10)To provide or coordinate training, professional development and other support to Children's Trust funded agencies which will ultimately improve service delivery and desired outcomes for children. 11)To consult, coordinate and collaborate with local, state and national entities which promote best practices, professional standards and advocacy focusing on the health, well-being and education of children and families. 8 89 of 148 ORDINANCE NO.2021- 12)To lease or purchase such equipment and personal property, up to $5,000, as are needed to execute the foregoing programs and services. 13)To employ and pay, on a part-time or full-time basis, personnel needed to execute the foregoing programs and services. 14)To provide for administrative expenses limited to Indian River County staff implementing this chapter and operating supplies, directly related to tasks necessary to fulfill the scope and purposes of this chapter, in an amount not to exceed eight (8) per cent of the annual millage for that fiscal year, to be determined at the time of budget adoption. Such children's services may be provided in accordance with the provisions of this article and such rules, policies and procedures as may be established by resolution of the county, which may include, but shall not be limited to programs providing for grants 'to not -for -profit agencies for the reimbursement of expenditures for operational and overhead expenses for the creation, development and implementation of programs, grants to not -for -profit agencies or children based upon funding all or a portion of the cost of services rendered, the purchase of services or, where children's services can most economically and efficiently be provided by county, through the establishment of county - run programs. Funding will not be used to pay for or reimburse services provided by other governmental entities or their employees. Section 215.11. — Process for distribution of funds. 1) The application process will be in the form of a request for proposal. Each completed application shall contain expected results stated in required evidence based measurable terms for review by the Children's Trust Advisory Board and a copy of the most recent financial audit. Governmental agencies are excluded from the financial audit requirement. 2) Announcement of plan. As soon as reasonably possible after submission of the advisory board's annual report and initial funding plan for children's programs and services, the county shall approve or modify the plan and announce the availability of funding for the upcoming fiscal year. The announcement will include a description of services and programs recommended for funding from the Children's Trust District. The announcement will include information pertaining to funding applications, rules and procedures pertaining to the award of funds and applicable dates for submission of applications and all details pertinent thereto. 3) Funding request evaluation. Evaluations of agencies submitting funding applications shall include, but not be limited to, site visits, interviews, and application review. Applications received will be assessed on the basis of specified criteria and will include, but not be limited to, the following items: 9 90 of 148 ORDINANCE NO. 2021- a. Organization's capability. The qualifications and experience of the applicant in providing quality human services and the agency's financial capability. b. Evidence based outcomes from prior years. c. Need for service. Appropriate goals and objectives in response to the advertisement of funding availability. d. Soundness of methodology. The goal and objectives, description of services with timeline and documented coordination with other service providers. e. Evaluation. The program's process and outcome objectives, data collection system and evaluation design. Cost effectiveness. The proportion of budget applied to direct services, funds from other sources, funds requested, current and projected long range efficiency. g. Children and families served. The extent to which the application addresses services to meet identified needs of the target population. h. Neighborhood -based initiatives. The extent and degree to which the application focuses on a local area or neighborhood. i. Response to a specified strategy. The applicant's identification of and appropriate response to a specified primary strategy. j. Application. The relative completeness, clarity and conciseness of the response to all required items in the funding announcement and application. 4) Prior to budget hearings, the Children's Trust Advisory Board shall submit a line item request, by program, to the Board of County Commissioners for funding consideration. This total request will be within the boundaries of the aggregate funding allocated for children's services by the Board of County Commissioners as set forth in section 215.07. Section 215.12. - Function of executive office director. The executive office director of the County, under the purview of the County Administrator, will provide all services needed to support the services set forth in this chapter, including, but not limited to, completing reports and activities required to meet the objectives of the Children's Trust Advisory Board. These activities will include, but are not limited to, administrative support for the Children's Trust Advisory Board meetings and be the official record repository for said records, keeping other records, monitoring agencies receiving funds, writing appropriate grants, producing written materials, 10 91 of 148 ORDINANCE NO. 2021- reviewing applications for funding, reporting to the Children's Trust Advisory Board, preparing annual budgets, writing and presenting annual reports. The office of the executive office director shall consist of a director or manager and adequate staff to perform all duties provided for under this chapter. Section 215.13. - Bookkeeping and audit. Any agency funded through the process set forth in this chapter shall be required to keep adequate records reflecting the use of funds and services provided. These records shall be made available to the Children's Trust Advisory Board or Board of County Commissioners upon reasonable demand. The executive office director shall, at a minimum; review and records quarterly and prepare written reports for the Children's Trust Advisory Board. All agencies must provide the Children's Trust Advisory Board with an audit based upon standard accounting procedures. Section 215.14. - Procedures handbook. The procedure handbook shall be adopted by the Board of County Commissioners by resolution, which sets out the operating procedures of the Children's Trust Advisory Board. Section 215.15. Sunset. This Chapter shall expire on November 8, 2034, twelve (12) years after the date such authority to dedicate millage for children's services was submitted to the electors of Indian River County voting in a referendum. Section 4. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Referendum Aooroval. A question shall be placed on the ballot at the November 8, 2022 election to be held in Indian River County for referendum approval by the electors of Indian River County to be worded substantially as follows: "In order to fund improvements in quality children's development, physical and mental health, and other services for children residing in Indian River County, shall the Indian 11 92 of 148 ORDINANCE NO. 2021- River County Board of County Commissioners, through the Children's Trust District, levy each year an ad valorem tax of 0.2500 of a mill from 2023-2024 to 2026-2027 and 0.3750 of a mill from 2027-2028 to 2034-2035?" For the Children's Trust District Against the Children's Trust District Section 8. Sunset Date. This ordinance shall expire on November 8, 2034, twelve (12) years after the date such authority for the Children's Trust District was submitted to the electors of Indian River County voting in a referendum. Section 9. Effective Date. This ordinance shall become effective on November 8, 2022 only if a majority vote "yes" in favor of the taxing authority of the Children's Trust District, at the referendum scheduled for November 8, 2022. If a majority vote "no", this ordinance shall be null and void. This ordinance was advertised in the Indian River Press Journal on the day of , 2021, for a public hearing to be held on the _ day of , 2021, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this _ day of , 2021. ATTEST: Jeffrey R. Smith, Clerk and Comptroller BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman 12 93 of 148 ORDINANCE NO. 2021- 13 Deputy Clerk This Ordinance was filed with the Department of State on the day of , 2021. 13 94 of 148 Select Year: 2020 v L Go The 202o Florida Statutes Title Xi Charter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Cfapter RELATIONS GOVERNMENT 125.01 Powers and duties.— (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (a) Adopt its own rules of procedure, select its officers, and set the time and place of its official meetings. (b) Provide for the prosecution and defense of legal causes in behalf of the county or state and retain counsel and set their compensation. (c) Provide and maintain county buildings. (d) Provide fire protection, including the enforcement of the Florida Fire Prevention Code, as provided in ss. 633.206 and 633.208, and adopt and enforce local technical amendments to the Florida Fire Prevention Code as provided in those sections and pursuant to s. 633.202. (e) Provide hospitals, ambulance service, and health and welfare programs. (f) Provide parks, preserves, playgrounds, recreation areas, libraries, museums, historical commissions, and other recreation and cultural facilities and programs. (g) Prepare and enforce comprehensive plans for the development of the county. (h) Establish, coordinate, and enforce zoning and such business regulations as are necessary for the protection of the public. (i) Adopt, by reference or in full, and enforce housing and related technical codes and regulations. (j) Establish and administer programs of housing, slum clearance, community redevelopment, conservation, flood and beach erosion control, air pollution control, and navigation and drainage and cooperate with governmental agencies and private enterprises in the development and operation of such programs. (k)1. Provide and regulate waste and sewage collection and disposal, water and alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems, and conservation programs. 2. The governing body of a county may require that any person within the county demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with county ordinance or state or federal law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law or county ordinance, the county may require satisfactory proof of a contract or similar arrangement by which such special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Government. (l) Provide and operate air, water, rail, and bus terminals; port facilities; and public transportation systems. (m) Provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities; eliminate grade crossings; regulate the placement of signs, lights, and other structures within the right-of-way limits of the county road system; provide and regulate parking facilities; and develop and enforce plans for the control of traffic and parking. Revenues derived from the operation of toll roads, bridges, tunnels, and related facilities may, after provision has been made for the payment of operation and maintenance expenses of such toll facilities and any debt service on indebtedness incurred with respect thereto, be utilized for the payment of costs related to any other transportation facilities within the county, including the purchase of rights -of -way; the constructs reconstruction, operation, maintenance, and repair of such transportation facilities; and the payment of indebtedness incurred with respect to such transportation facilities. (n) License and regulate taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire that operate in the unincorporated areas of the county; except that any constitutional charter county as defined in s. 125.011(1) shall on July 1, 1988, have been authorized to have issued a number of permits to operate taxis which is no less than the ratio of one permit for each 1,000 residents of said county, and any such new permits issued after June 4, 1988, shall be issued by lottery among individuals with such experience as a taxi driver as the county may determine. (o) Establish and enforce regulations for the sale of alcoholic beverages in the unincorporated areas of the county pursuant to general law. (p) Enter into agreements with other governmental agencies within or outside the boundaries of the county for joint performance, or performance by one unit in behalf of the other, of any of either agency's authorized functions. (q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided fire protection; law enforcement; beach erosion control, recreation service and facilities; water; alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems; streets; sidewalks; street lighting; garbage and trash collection and disposal; waste and sewage collection and disposal; drainage; transportation; indigent health care services; mental health care services; and other essential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such unit only. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of a municipal service taxing or benefit unit may include all or part of the boundaries of a municipality. If ad valorem taxes are levied to provide essential facilities and municipal services within the unit, the millage Levied on any parcel of property for municipal purposes by all municipal service taxing units and the municipality may not exceed 10 mills. This paragraph authorizes all counties to levy additional taxes, within the limits fixed for municipal purposes, within such municipal service taxing units under the authority of the second sentence of s. 9(b), Art. VI of the State Constitution. (r) Levy and collect taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit, and special assessments; borrow and expend money; and issue bonds, revenue certificates, and other obligations of indebtedness, which power shall be exercised in such manner, and subject to such Limitations, as may be provided by general law. There shalt be no referendum required for the levy by a county of ad valorem taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit. Notwithstanding any other provision of law, a county may not levy special assessments for the provision of fire protection services on lands classified as agricultural lands under s. 193.461 unless the land contains a residential dwelling or nonresidential farm building, with the exception of an agricultural pole barn, provided the nonresidential farm building exceeds a just value of $10,000. Such special assessments must be based solely on the special benefit accruing to that portion of the land consisting of the residential dwelling and curtilage, and qualifying nonresidential farm buildings. As used in this paragraph, the term "agricultural pole barn" means a nonresidential farm building in which 70 percent or more of the perimeter walls are permanently open and allow free ingress and egress. (s) Make investigations of county affairs; inquire into accounts, records, and transactions of any county department, office, or officer; and, for these purposes, require reports from any county officer or employee and the production of official records. (t) Adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law. (u) Create civil service systems and boards. (v) Require every county official to submit to it annually, at such time as it may specify, a copy of the official's operating budget for the succeeding fiscal year. 96 of 148 (w) Perform any other acts not inconsistent with law, which acts are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law. (x) Employ an independent certified public accounting firm to audit any funds, accounts, and financial records of the county and its agencies and governmental subdivisions. Entities that are funded wholly or in part by the county, at the discretion of the county, may be required by the county to conduct a performance audit paid for by the county. An entity shall not be considered as funded by the county by virtue of the fact that such entity utilizes the county to collect taxes, assessments, fees, or other revenue. If an independent special district receives county funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the county to undergo a performance audit. Not fewer than five copies of each complete audit report, with accompanying documents, shall be filed with the clerk of the circuit court and maintained there for public inspection. The clerk shall thereupon forward one complete copy of the audit report with accompanying documents to the Auditor General. (y) Place questions or propositions on the ballot at any primary election, general election, or otherwise called special election, when agreed to by a majority vote of the total membership of the legislative and governing body, so as to obtain an expression of elector sentiment with respect to matters of substantial concern within the county. No special election may be called for the purpose of conducting a straw ballot. Any election costs, as defined in s. 97.021, associated with any ballot question or election called specifically at the request of a district or for the creation of a district shall be paid by the district either in whole or in part as the case may warrant. (z) Approve or disapprove the issuance of industrial development bonds authorized by law for entities within its geographic jurisdiction. (aa) Use ad valorem tax revenues to purchase any or all interests in land for the protection of natural floodplains, marshes, or estuaries; for use as wilderness or wildlife management areas; for restoration of altered ecosystems; or for preservation of significant archaeological or historic sites. (bb) Enforce the Florida Building Code, as provided in s. 553.80, and adopt and enforce local technical amendments to the Florida Building Code, pursuant to s. 553.73(4)(b) and (c). (cc) Prohibit a business entity, other than a county tourism promotion agency, from using names as specified in s. 125.0104(9)(e) when representing itself to the public as an entity representing tourism interests of the county levying the local option tourist development tax under s. 125.0104. (2) The board of county commissioners shall be the governing body of any municipal service taxing or benefit unit created pursuant to paragraph (1)(q). (3)(a) The enumeration of powers herein may not be deemed exclusive or restrictive, but is deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated, including, specifically, authority to employ personnel, expend funds, enter into contractual obligations, and purchase or lease and sell or exchange real or personal property. The authority to employ personnel includes, but is not limited to, the authority to determine benefits available to different types of personnel Such benefits may include, but are not limited to, insurance coverage and paid leave. The provisions of chapter 121 govern the participation of county employees in the Florida Retirement System. (b) The provisions of this section shall be liberally construed in order to effectively carry out the purpose of this section and to secure for the counties the broad exercise of home rule powers authorized by the State Constitution. (4) The legislative and governing body of a county shall not have the power to regulate the taking or possession of saltwater fish, as defined in s. 379,101, with respect to the method of taking, size, number, season, or species. However, this subsection does not prohibit a county from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that county, nor does it prohibit the imposition of excise taxes by county ordinance. (5)(a) To an extent not inconsistent with general or special law, the governing body of a county shall have the power to establish, and subsequently merge or abolish those created hereunder, special districts to include both incorporated and unincorporated areas subject to the approval of the governing body of the incorporated area affected, within which may be provided municipal services and facilities from funds derived from s(97i(af448ges, special assessments, or taxes within such district only. Such ordinance may be subsequently amended by the same procedure as the original enactment. (b) The governing body of such special district shall be composed of county commissioners and may include elected officials of the governing body of an incorporated area included in the boundaries of the special district, with the basis of apportionment being set forth in the ordinance creating the special district. (c) It is declared to be the intent of the Legislature that this subsection is the authorization for the levy by a special district of any millage designated in the ordinance creating such a special district or amendment thereto and approved by vote of the electors under the authority of the first sentence of s. 9(b), Art. VII of the State Constitution. It is the further intent of the Legislature that a special district created under this subsection include both unincorporated and incorporated areas of a county and that such special district may not be used to provide services in the unincorporated area only. (6)(a) The governing body of a municipality or municipalities by resolution, or the citizens of a municipality or county by petition of 10 percent of the qualified electors of such unit, may identify a service or program rendered specially for the benefit of the property or residents in unincorporated areas and financed from countywide revenues and petition the board of county commissioners to develop an appropriate mechanism to finance such activity for the ensuing fiscal year, which may be by taxes, special assessments, or service charges levied or imposed solely upon residents or property in the unincorporated area, by the establishment of a municipal service taxing or benefit unit pursuant to paragraph (1)(q), or by remitting the identified cost of service paid from revenues required to be expended on a countywide basis to the municipality or municipalities, within 6 months of the adoption of the county budget, in the proportion that the amount of county ad valorem taxes collected within such municipality or municipalities bears to the total amount of countywide ad valorem taxes collected by the county, or by any other method prescribed by state law. (b) The board of county commissioners shall, within 90 days, file a response to such petition, which response shall either reflect action to develop appropriate mechanisms or shall reject such petition and state findings of fact demonstrating that the service does not specially benefit the property or residents of the unincorporated areas. (7) No county revenues, except those derived specifically from or on behalf of a municipal service taxing unit, special district, unincorporated area, service area, or program area, shall be used to fund any service or project provided by the county when no real and substantial benefit accrues to the property or residents within a municipality or municipalities. History.-s. 1, ch. 1882, 1872; s. 1, ch. 3039, 1877; RS 578; G5 769; s. 1, ch, 6842, 1915; RGS 1475; CGL 2153; s. 1, ch. 59-436; s. 1, ch. 69-265; ss. 1, 2, 6, ch. 71-14; s. 2, ch. 73-208; s. 1, ch. 73-272; s. 1, ch. 74-150; ss. 1, 2, 4, ch. 74-191; s. 1, ch. 75-63; s. 1, ch. 77.33; s. 1, ch. 79-87; s. 1, ch. 80-407; s. 1, ch. 83-1; s. 17, ch. 83.271; s. 12, ch. 84-330; s. 2, ch. 87-92; s. 1, ch. 87-263; s. 9, ch. 87-363; s. 2, ch. 88-163; s. 18, ch. 88-286; s. 2, ch. 89-273; s. 1, ch. 90-175; s. 1, ch. 90-332; s. 1, ch. 91-238; s. 1, ch, 91-90; s. 1, ch. 93-207; s. 41, ch. 94-224; s. 31, ch. 94.237; s. 1, ch. 94-332; s. 1433, ch. 95-147; s. 1, ch. 95-323; s. 41, ch. 96-397; s. 42, ch. 97-13; s. 2, ch. 2000-141; s. 34, ch. 2001-186, s. 36, ch. 2001.266; s. 3, ch. 2001-372; s. 20, ch. 2002-281; s. 1, ch. 2003-78; ss. 27, 28, ch. 2003-415, s. 184, ch. 2008- 247; s. 2, ch. 2011-143; s. 122, ch. 2013-183; s. 1, ch. 2014-7; s. 1, ch. 2016.89. Copyright o 1995-2021 The Florida Legislature • Privacv Statement • Contact Us CnT It STKN HOME OF PELICAN I51AND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: July 28, 2021 AGENDA ITEM TITLE: Adoption of the Proposed Millage RECOMMENDATION: Adopt Motion to Set the Proposed Millage at 3.1514 and Direct the City Manager to Execute and Transmit the Required Forms BACKGROUND: Pursuant to F.S. 200.065 (b), each taxing authority must advise the Property Appraiser of its proposed millage and when the public hearing will be held to consider the proposed millage and the tentative budget. This is published on the tax notice mailed to the taxpayers in August. Adopting a final millage above the proposed rate requires the City to incur the cost of sending additional notices to every taxpayer by first-class mail. Next year's rolled -back rate is 3.0043 versus the present millage of 3.1514. With approval of 3.1514 as the proposed millage, this will be advertised during the "Trim Process" as a 4.90% tax increase. The 3.1514 rate would add $226,281 more revenue than the 3.0043 rolled -back rate. The Draft General Fund Budget assumes the 3.0043 rolled -back rate and is currently short of revenue to cover expenditures by $108,401. Staff is continuing to work on options for balancing this difference and being positioned to have the rolled -back rate adopted as the final millage levy in September. The Budget Review Advisory Committee voted to recommend the 3.1514 as the proposed millage. The 3.1514 rate is a precaution in case a higher millage is necessary when eventually setting the final millage in September. This could be due to unexpected events between now and then, such as the outcome of labor negotiations, reductions in revenue projections and/or the need for significant expenditures to be made from reserves. A complete presentation to the City Council on the Capital Improvement Plan and entire Budget Document is scheduled for August 25t". At that time, we will cover the budgets for other City Funds and the Capital improvement Program. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: NIA Amount of Appropriation Required: None ATTACHMENTS: • Power Point Presentation on Staff Recommendation • Draft Budget and Capital Improvement Plan — Available at the following link: httDs://woblink.citvofsebastian.oralWebLink/DocView.asr)x?id=242177&dbid=0&repo=Citv&cr=1 • State of Florida Required Forms DR-420, DR-420TIFs and DR-420MM-P. Administrative Services Depa m Revie l City Attorney Review: Procurement Division Review, if a plicable: City Manager,Authorization Date: 99 of 148 0 O O 00 2022 General Fund Budget Recommendations on 2022 Proposed Millage Prepared By: Ken Killgore Administrative Services Director/CFO 1 2022 General Fund Budget o Adding 3 Positions in General Fund: • MIS Help Desk/Administrative Assistant. . Police Crime Analyst • Leisure Services Events Coordinator/MWIII 0 3% for Wages/Benefits Contingency. • Collective Bargaining Negotiations Pending. o Operating Account Increase is Mostly 0 the $72,000 Budgeted for the Election. 0 A z 2022 General Fund Budget o Draft General Fund Budget Is An Increase of 1.6% Over This Year. o Assuming the 3.0043 Rolled -Back Rate. o $108,401 More In Total Expenditures Than Total Projected Revenue. o Still Working to Balance at Rolled -Back and Maintain $5 Million Reserve. 3 0 w 0 00 Options on Millage o With Rolled -Back Millage of 3.0043: • $200K Homestead Decreases $16 or More. • $200K Non -Homestead Increases $31 Max. • $95,342 Already Added By Tax Roll Additions. o With Same 2021 Millage of 3.1514: • $200K Homestead Increases $6 Max. • $200K Non -Homestead Increases $63 Max. • $226,281 Additional General Fund Revenue. C! Proposed Millage Recommendation 03.1514 Has Been Approved By Budget Review Advisory Committee. o Vote to Set Proposed Millage at Same 3.1514 As This Year: • Will Be Advertised As 4.9% "Tax Increase". • Added Mailing Cost to Set Final Millage Higher Than Adopted Proposed Millage. • Reduce to 3.0043 Rolled -Back If Nothing A Unexpected Occurs by Final Hearing. 0 A W 5 FdJCERTIFICATION OF TAXABLE VALUE FLORIDA Year: 2021 Principal Authority: CITY OF SEBASTIAN (SECTION I : COMPLETED BY PROPERTY APPRAISER Reset Form I I Print Form County: INDIAN RIVER Taxing Authority: CITY OF SEBASTIAN DR-420 R. 5/ 12 Rule 12D-16.002 Florida Administrative Code Effective 11 /12 1. Current year taxable value of real property for operating purposes $ 1,517,318,086 (1) 2. Current year taxable value of personal property for operating purposes $ 66,350,369 (2) 3. Current year taxable value of centrally assessed property for operating purposes $ 2,180,673 (3) 4. Current year gross taxable value for operating purposes (Line 7 plus Line 2 plus Line 3) $ 1,585,849,128 (4) Current year net new taxable value (Add new construction, additions, rehabilitative 5. improvements increasing assessed value by at least 100%, annexations, and tangible $ 32,716,715 (5) personal property value over 115% of the previous year's value. Subtract deletions.) 6. Current year adjusted taxable value (Line 4 minus Line 5) $ 1,553,132,413 (6) 7. Prior year FINAL gross taxable value from prior year applicable Form DR-403 series $ 1,486,161,680 (7) 8 Does the taxing authority include tax increment financing areas? If yes, enter number YES ❑ NO Number (8) of worksheets (DR-420TIF) attached. If none, enter 0 2 Does the taxing authority levy a voted debt service millage or a millage voted for 2 Number 9. years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of ❑ YES Q NO (9) DR-420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0 0 Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. 5lGN Signature of Property Appraiser: Date HERE Electronically Certified by Property Appraiser 6/23/2021 8:33 AM SECTION II : COMPLETED BY TAXING AUTHORITY If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-- 10. Prior year operating millage levy (if prioryear millage was adjusted then use adjusted 3,1514 per $1,000 (10) millage from Form DR-422) 11. Prior year ad valorem proceeds (Line 7multiplied by Line 10, divided by 1,000) $ 4,683,490 (11) 12 Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a $ 215,305 (12) dedicated increment value (Sum of either Lines 6c or Line 7a for all DR-420TIF forms) 13. Adjusted prior year ad valorem proceeds (Line 11 minus Line 12) $ 4,468,185 (13) 14. Dedicated increment value, if any (Sum of either Line 6b or Line 7e for al! DR-420TIF forms) $ 65,881,228 (14) 15. Adjusted current year taxable value (Line 6 minus Line 74) $ 1,487,251,185 (15) 16. Current year rolled -back rate (Line 13 divided by Line 15, multiplied by 1,000) 3.0043 per $11000 (16) 17. Current year proposed operating millage rate 3.1514 per $1000 (17) 18 Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided (18) by 1,000) $ 4,997,645 Continued on page 2 105 of 148 County 19 TYPE of principal authority (check one) n Municipality 20. Applicable taxing authority (check one) 0 Principal Authority MSTU D R-420 R. 5/12 Page 2 ❑ Independent Special District: (19) Water Management District El Dependent Special District (20) Water Management District Basin 21. Is millage levied in more than one county? (check one) Yes 0 No (21) DEPENDENT SPECIAL DISTRICTS AND MSTUS I STOP HERE - SIGN AND SUBMIT 22 Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and 1NSTUs levying a millage. (The siren of Line 13 from oil DR-420 $ forms) 23• Current year aggregate rolled -back rate (Line 22 divided by Line 15, multiplied by 1,000) 24. Current year aggregate rolled -back taxes {Line 4 multiplied by Line23, divided by 1,000) $ Enter total of all operating ad valorem taxes proposed to be levied by the principal 25. taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all $ DR-420 fours) 26 Current year proposed aggregate millage rate (Line 25 divided by Line4, multiplied by 1,000) 27 Current year proposed rate as a percent change of rolled -back rate (Line 26 divided by Line 23, minus ], multiplied by 100) 4,468,185 (22) 3.0043 per $1,000 (23) 4,764,367 (24) 4,997,645 (25) 3.1514 per $1,000 (26) 4.90 % (27) First public Date: Time: Place: budget hearing City Hall Council Chambers, 1225 Main Street, Sebastian 9/13/2021 6:00 PM EST Florida 32458 S I G N H E R E I certify the millages and rates are correct to the best of my knowledge. Taxing Authority Certification The millages comply with the provisions of s. 200,065 and the provisions of either s. 200.071 or s. 200.081, F.S. Signature of Chief Administrative Officer: Date: Title: Contact Name and Contact Title: KEN KILLGORE, FINANCE DIRECTOR Paul Carlisle, CITY MGR Mailing Address: Physical Address: 1225 MAIN ST 1225 MAIN ST City, State, Zip: Phone Number: Fax Number: SEBASTIAN, FL 32958 7723888205 �7723888249 Instructions on page 3 106 of 148 CERTIFICATION OF TAXABLE VALUE INSTRUCTIONS "Principal Authority" is a county, municipality, or independent special district (including water management districts). "Taxing Authority" is the entity levying the millage. This includes the principal authority, any special district dependent to the principal authority, any county municipal service taxing unit (MSTU), and water management district basins. Each taxing authority must submit to their property appraiser a DR-420 and the following forms, as applicable: DR-420TIF, Tax Increment Adjustment Worksheet DR-420DEBT, Certification of Voted Debt Millage DR-420MM-P, Maximum Millage Levy Calculation - Preliminary Disclosure Section I: Property Appraiser Use this DR-420 form for all taxing authorities except school districts. Complete Section I, Lines 1 through 9, for each county, municipality, independent special district, dependent special district, MSTU, and multicounty taxing authority. Enter only taxable values that apply to the taxing authority indicated. Use a separate form for the principal authority and each dependent district, MSTU and water management district basin. Line 8 Complete a DR-420TIF for each taxing authority making payments to a redevelopment trust fund under Section 163.387 (2)(a), Florida Statutes or by an ordinance, resolution or agreement to fund a project or to finance essential infrastructure. Check "Yes" if the taxing authority makes payments to a redevelopment trust fund. Enter the number of DR-420TIF forms attached for the taxing authority on Line 8. Enter 0 if none. Line 9 Complete a DR-420DEBT for each taxing authority levying either a voted debt service millage (s.12, Article VII, State Constitution) or a levy voted for two years or less (s. 9(b), Article VII, State Constitution). Check "Yes" if the taxing authority levies either a voted debt service millage or a levy voted for 2 years or less (s. 9(b), Article VII, State Constitution). These levies do not include levies approved by a voter referendum not required by the State Constitution. Complete and attach DR-420DEBT. Do not complete a separate DR-420 for these levies. Send a copy to each taxing authority and keep a copy. When the taxing authority returns the DR-420 and the accompanying forms, immediately send the original to: Florida Department of Revenue Property Tax Oversight - TRIM Section P. O. Box 3000 Tallahassee, Florida 32315-3000 Section II: Taxing Authority DR-420 R. 5/12 Page 3 Complete Section 11. Keep one copy, return the original and one copy to your property appraiser with the applicable DR-420TIF, DR-420DEBT, and DR-420MM-P within 35 days of certification. Send one copy to the tax collector. "Dependent special district" (ss. 200.001(8)(d) and 189.403(2), F.S.) means a special district that meets at least one of the following criteria: • The membership of its governing body is identical to that of the governing body of a single county or a single municipality. • All members of its governing body are appointed by the governing body of a single county or a single municipality. • During their unexpired terms, members of the special district's governing body are subject to removal at will by the governing body of a single county or a single municipality. • The district has a budget that requires approval through an affirmative vote or can be vetoed by the governing body of a single county or a single municipality. "Independent special district" (ss. 200.001(8)(e) and 189.403 (3), F.S.) means a special district that is not a dependent special district as defined above. A district that includes more than one county is an independent special district unless the district lies wholly within the boundaries of a single municipality. "Non -voted millage" is any millage not defined as a "voted millage" in s. 200.001(8)(f), F.S. Lines 12 and 14 Adjust the calculation of the rolled -back rate for tax: increment values and payment amounts. See the instructions for DR-420TIF. On Lines 12 and 14, carry forward values from the DR-420TIF forms. Line 24 include only those levies derived from millage rates. All TRIM forms for taxing authorities are available on our website at http-.//dor.mvflorida.com/dor/property/trim 107 of 148 Reset Form Print Form I ° DR-420MM-P MAXIMUM MILLAGE LEVY CALCULATION R.5/12 a PRELIMINARY DISCLOSURE Rule 12D-16.002 Florida Administrative Code FLORIDA For municipal governments, counties, and special districts Effective 11/12 Year: 2021 County. INDIAN RIVER Principal Authority: Taxing Authority: CITY OF SEBASTIAN CITY OF SEBASTIAN 1 Is your taxing authority a municipality or independent special district that has levied lo Yes No (1) �acl valorem taxes for less than 5 years? IF YES, I r STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation. 2. Current year rolled -back rate from Current Year Form DR-420, Line 16 3.0043 per $1,000 (2) 3. Prior year maximum millage rate with a majority vote from 2020 Form DR-420MM, Line 1 5.6732 per $1,000 (3) 4. Prior year operating millage rate from Current Year Form DR-420, Line 10 3,1514 per $1,000 (4) If Line 4 is equal to or greater than Line 3, skip to Line 11. If less, continue to Line 5. Adjust rolled -back rate based on prior year majority -vote maximum millage rate 5. Prior year final gross taxable value from Current Year Form DR-420, Line 7 $ 1,486,161,680 (5) Prior year maximum ad valorem proceeds with majority vote 6. (Line 3 multiplied by Line 5 divided by 7,000) $ 8,43 1,292 (6) 7 Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value from Current Year Form DR-420 Line 12 $ 21 °i,305 (7) 8. Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7) $ 8,215,987 (8) 9. Adjusted current year taxable value from Current Year form DR-420 Line 15 $ 1,487,25'1,185 (9) 10. Adjusted current year rolled -back rate (Line8 divided by Line 9, multiplied by 1,000) 5.5243 per $1,.000 (10) Calculate maximum millage levy 11, Rolled -back rate to be used for maximum millage levy calculation 5.5243 per $1,000 (11) (Enter Line 10 if adjusted or else enter Line 2) 12. Adjustment for change in per capita Florida personal income (See Line 12 Instructions) 1.0443 (12) 13. Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12) 5.7690 per $1,000 (13) 14. Two-thirds vote maximum millage rate allowed (Multiply Line 13 by 7.10) 6.3459 per $1,000 (14) 15. Current year proposed millage rate 3.1514 per $1,000 (15) 16. Minimum vote required to levy proposed millage: (Check one) (16) ❑ a. Majority vote of the governing body: Check here if Line 15 is less than or equal to Line 13. The maximum millage rate is equal to the majority vote maximum rate. Enter Line 13 on Line 17. b. Two-thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The El maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17. c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14. El The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. ❑ d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Lille 15 on Line 17. 17 The selection on Line 16 allows a maximum millage rate of 5.7690 per $1,000 (17) (Enter rate indicated by choice on Line 16) 18. Current year gross taxable value from Current Year Form DR-420, Line 4 $ 1,585,849,128 (18) Continued on page 2 108 of 148 Taxing Authority: DR-420MM-PR.5/12 CITY OF SEBASTIAN Page 2 19. Current year proposed taxes (Line 15 multiplied by Line 18, divided by 1,000) $ 4,997,645 (19) 20 Total taxes levied at the maximum millage rate (Line 17 multiplied by Line 18, divided $ 9,148,764 (20) by 7,000) DEPENDENT SPECIAL DISTRICTS AND MSTUs I STOP HERE. SIGN AND SUBMIT. 21 Enter the current year proposed taxes of all dependent special districts & MSTUs levying $ (21) a millage. (The sum of all Lines 19 from each district's Form DR-420MM-P) 0 22. Total current year proposed taxes (Line 19 plus Line21) $ 4,997,645 (22) Total Maximum Taxes 23 Enter the taxes at the maximum millage of all dependent special districts & MSTUs $ p { 23) levying a millage (The sum of all Lines 20 from each district's Form DR-420MM-P) 24. Total taxes at maximum millage rate (Line 20 plus Line 23) $ 9,148,764 (24) Total Maximum Versus Total Taxes Levied Are total current year proposed taxes on Line 22 equal to or less than total taxes at the 25. Q✓ YES NO (25) maximum millage rate on Line 24? (Check one) I certify the millages and rates are correct to the best of my knowledge. The millages Taxing Authority Certification comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. S 200.081, F. S. I Signature of Chief Administrative Officer : Date G N Title : Contact Name and Contact Title: H Paul Carlisle, CITY MGR KEN KILLGORE, FINANCE DIRECTOR E R Mailing Address: Physical Address: E 1225 MAIN 5T 1225 MAIN ST City, State, Zip : Phone Number: Fax Number: �7723888249 SEBASTIAN, FL 32958 7723888205 Complete and submit this form DR-420MM-P, Maximum Millage Levy Calculation -Preliminary Disclosure, to your property appraiser with the form DR-420, Certification of Taxable Value, Instructions on page 3 109 of 148 MAXIMUM MILLAGE LEVY CALCULATION PRELIMINARY DISCLOSURE INSTRUCTIONS General Instructions Each of the following taxing authorities must complete a DR-420MM-P. • County Municipality • Special district dependent to a county or municipality • County MSTU • Independent special district, including water management districts • Water management district basin Voting requirements for millages adopted by a two-thirds or a unanimous vote are based on the full membership of the governing body, not on the number of members present at the time of the vote. This form calculates the maximum tax levy for 2021 allowed under s. 200,065(5), F.S. Counties and municipalities, including dependent special districts and MSTUs, which adopt a tax levy at the final hearing higher than allowed under s. 200.065, F.S., may be subject to the loss of their half -cent sales tax distribution. DR-420MM-P shows the preliminary maximum millages and taxes levied based on your proposed adoption vote. Each taxing authority must complete, sign, and submit this form to their property appraiser with their completed DR-420, Certification of Taxable Value. The vote at the final hearing and the resulting maximum may change. After the final hearing, each taxing authority will file a final Form DR-420MM, Maximum Millage Levy Calculation Final Disclosure, with Form DR-487, Certification of Compliance, with the Department of Revenue. Specific tax year references in this form are updated each year by the Department. Line Instructions Lines 5-10 DR-420MM-P R. 5/12 Page 3 Only taxing authorities that levied a 2020 millage rate less than their maximum majority vote rate must complete these lines. The adjusted rolled -back rate on Line 10 is the rate that would have been levied if the maximum vote rate for 2020 had been adopted. If these lines are completed, enter the adjusted rate on Line 11. Line 12 This line is entered by the Department of Revenue. The same adjustment factor is used statewide by all taxing authorities. It is based on the change in per capita Florida personal income (s. 200.001(8)(i), F.S.), which Florida Law requires the Office of Economic and Demographic Research to report each year. Lines 13 and 14 Millage rates are the maximum that could be levied with a majority or two-thirds vote of the full membership of the governing body. With a unanimous vote of the full membership (three -fourths vote of the full membership if the governing body has nine or more members) or a referendum, the maximum millage rate that can be levied is the taxing authority's statutory or constitutional cap. Line 16 Check the box for the minimum vote necessary at the final hearing to levy your adopted millage rate. Line 17 Enter the millage rate indicated by the box checked in Line 16. If the proposed millage rate is equal to or less than the majority vote maximum millage rate, enter the majority vote maximum. If a two-thirds vote, a unanimous vote, or a referendum is required, enter the proposed millage rate. For a millage requiring more than a majority vote, the proposed millage rate must be entered on Line 17, rather than the maximum rate, so that the comparisons on Lines 21 through 25 are accurate. All TRIM forms for taxing authorities are available on our website at httD://floridarevenue.com/property/Pages/Forms.asDx 110 of 148 c 1 Reset Form I I Print Form I TAX INCREMENT ADJUSTMENT WORKSHEET FLORIDA Year: 2021 County: INDIAN RIVER Principal Authority : Taxing Authority : CITY OF SEBASTIAN CITY OF SEBASTIAN Community Redevelopment Area: Re -Development District 2A SECTION I : COMPLETED BY PROPERTY APPRAISER Base Year: 1994 DR-420TI F R. 6/10 Rule 12D-16.002 Florida Administrative Code Effective 11/12 1. Current year taxable value in the tax increment area $ 93,687,705 (1) 2• Base year taxable value in the tax increment area $ 34,959,870 (2) 3• Current year tax increment value (Line 1 minus Line 2) $ 58,727,835 (3) 4. Prior year Final taxable value in the tax increment area $ 93,906,666 (4) 5. Prior year tax increment value (Line 4 minus Line 2) $ 58,946,796 (5) Property Appraiser Certification I I certify the taxable values above are correct to the best of my knowledge. SIGN HERE Signature of Property Appraiser : Date : Electronically Certified by Property Appraiser 6/23/2021 8:33 AM SECTION 11: COMPLETED BY TAXING AUTHORITY Complete EITHER line 6 or line 7 as applicable. Do NOT complete both. 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. Enter the proportion on which the payment is based. 95.00 % (6a) 6b. Dedicated increment value (Line 3 multiplied by the percentage on Line 60) $ 55,791,443 (6b) If value is zero or less than zero, then enterzero on Line 6b 6c. Amount of payment to redevelopment trust fund in prior year $ 176,477 (6c) 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a• Amount of payment to redevelopment trust fu nd in prior year $ 0 (7a) 7b• prior year operating millage levy from Form DR-420, Line 10 0.0000 per $1,000 (7b) 7c Taxes levied on prior year tax increment value $ 0 {7C) (Line 5 multiplied by Line 7b, divided by 1,000) 7d Prior year payment as proportion of taxes levied on increment value % OAO (7d) (Line 7o divided by Line 7c, multiplied by 100) 7e Dedicated increment value(Line 3 multipliedby the percentage on Line 7d) $ 0 (7e) If value is zero or less than zero, then enter zero on Line 7e Taxing Authority Certification I I certify the calculations, millages and rates are correct to the best of my knowledge. S Signature of Chief Administrative Officer: Date: I G Title. N Paul Carlisle, CITY MGR H Mailing Address: E 1225 MAIN ST R E City, State, Zip SEBASTIAN, FL 32958 Contact Name and Contact Title: KEN KILLGORE, FINANCE DIRECTOR Physicai Address: 1225 MAIN ST Phone Number 7723888205 Fax Number: 7723888249 111 of 148 DR-420TIF R. 6/10 TAX INCREMENT ADJUSTMENT WORKSHEET Paget INSTRUCTIONS Property appraisers must complete and sign Section I of this worksheet and provide it with form DR-420, Certification of Taxable Value, to all taxing authorities who make payments to a redevelopment trust fund under: • s. 163.387(2)(a), Florida Statutes, or • An ordinance, resolution, or agreement to fund a project or to finance essential infrastructure. "Tax increment value" is the cumulative increase in taxable value from the base year to the current year within the defined geographic area. It is used to determine the payment to a redevelopment trust fund under: • s. 163.387(1), F.S. or • An ordinance, resolution, or agreement to fund a project or finance essential infrastructure. In this case, the taxing authority must certify the boundaries and beginning date to the property appraiser. "Dedicated increment value" is the portion of the tax increment value used to determine the payment to the redevelopment trust fund. (Sees. 200.001(8)(h), F.S.) Calculate the dedicated increment value on this form and enter on either Line 6b or Line 7e. "Specific proportion," used to determine whether to complete Line 6 or Line 7, refers to the calculation of the tax increment payment. Examples: • Example 1. Section. 163.387(1), F.S., states the payment made by the taxing authority should equal 95% of the millage levied times the tax increment value. The specific proportion in this case is 95%. The ordinance providing for the payment may set a percentage lower than 95%. In these cases, the lower percentage would be the specific proportion • Example 2. Some required tax increment payments are not directly related to the tax increment value. A constant dollar payment is a payment not based on a specific proportion of the tax increment value Line 7 converts these payments into a proportion based on the prior year's payment and tax increment value to reach the current year's dedicated increment value. Section I: Property Appraiser A. Complete Section I of this form for each county, municipality, independent special district, dependent special district, and MSTU that: • Has a tax increment value and • Is not exempted from making payments to a community redevelopment trust fund based on tax increments (s. 163.387(2)(c), F.S.). If a taxing authority has more than one tax increment value, they must complete a separate form for each tax increment value. Send a copy to each taxing authority with the DR-420 and keep a copy. When the taxing authority returns the completed forms, immediately send the original to: Florida Department of Revenue Property Tax Oversight Program - TRIPA Section P.O. Box 3000 Tallahassee, Florida 32315-3000 B. Enter only tax increment values that apply to the value located within the taxing authority indicated. Section II: Taxing Authority Complete Section 11 of the form, keep one copy, and return the original and one copy to your property appraiser with DR-420 within 35 days of certification. Send one copy to your tax collector. Additional Instructions for Lines 6 and 7 Complete Line 6 if the payment into the redevelopment trust fund is a specific proportion of the tax increment value. Complete Line 7 if the payment is based on a calculation other than a specific proportion. Do not complete both Lines 6 and 7. All TRIM forms for taxing authorities are available on our website at httD://dor.myflorida.com/dor/property/trim 112 of 148 Reset Form I I Print Form I TAX INCREMENT ADJUSTMENT WORKSHEET FLORIDA Year: 2021 Principal Authority CITY OF SEBASTIAN Community Redevelopment Area: Re -Development District 213 County: INDIAN RIVER Taxing Authority : CITY OF SEBASTIAN Base Year: 2003 DR-420TIF R. 6/10 Rule 12D-16.002 Florida Administrative Code Effective 11/12 SECTION I : COMPLETED BY PROPERTY APPRAISER 1 • Current year taxable value in the tax increment area $ 17,222,936 (1) 2, Base year taxable value in the tax increment area $ 6,602,110 (2) 3• Current year tax increment value (Line 1 minus Line 2) $ 10,620,826 (3) 4. Prior year Final taxable value in the tax increment area $ 19,571,545 (4) S• Prior year tax increment value (Line 4 minus Line 2) $ 12,969,435 (5) Property Appraiser Certification 1 certify the taxable values above are correct to the best of my knowledge. SIGN HERE Signature of Property Appraiser : Date : Electronically Certified by Property Appraiser 6/23/2021 8:33 AM SECTION III: COMPLETED BY TAXING AUTHORITY Complete EITHER line 6 or line 7 as applicable. Do NOT complete both. 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. Enter the proportion on which the payment is based. 95.00 % (6a) I 6b Dedicated increment value {Line 3 noulriplied by the percentage on Line 6a) $ 10,089,785 (6b) If value is zero or less than zero, then enterzero on Line 66 6c. Amount of payment to redevelopment trust fund in prior year $ 38,828 (6c) 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a• Amount of payment to redevelopment trust fund in prior year $ 0 (7a) I 7b. Prior year operating millage levy from Form DR-420, Line 10 0.0000 per $1,000 (7b) I 7c Taxes levied on prior year tax increment value $ 0 (7c ) (Line 5 multiplied by Line 7b, divided by 1,000) 7d Prior year payment as proportion of taxes levied on increment value 0.00 % (7d) (Line 7a divided by Line 7c, multiplied by 100) 7e Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) $ 0 (7e) If value is zero or less than zero, then enter zero on Line 7e Taxing Authority Certification I I certify the calculations, millages and rates are correct to the best of my knowledge. I S Signature of Chief Administrative Officer : IDate : 1 I G Title: N Paul Carlisle, CITY MGR H Mailing Address E 1225 MAIN ST R E City, State, Zip: SEBASTIAN, FL 32958 Contact Name and Contact Title: KEN KILLGORE, FINANCE DIRECTOR Physical Address: 1225 MAIN ST Phone Number: Fax Number: 7723888205 7723888249 113 of 148 DR-420TIF R. 6/10 TAX INCREMENT ADJUSTMENT WORKSHEET Paget INSTRUCTIONS Property appraisers must complete and sign Section I of Section I: Property Appraiser this worksheet and provide it with form DR-420, Certification of Taxable Value, to all taxing authorities who A. Complete Section I of this form for each county, make payments to a redevelopment trust fund under: municipality, independent special district, dependent • s. 163.387(2)(a), Florida Statutes, or special district, and MSTU that: • An ordinance, resolution, or agreement to fund a project or to finance essential infrastructure. "Tax increment value" is the cumulative increase in taxable value from the base year to the current year within the defined geographic area. It is used to determine the payment to a redevelopment trust fund under: • s. 163.387(1), F.S. or + An ordinance, resolution, or agreement to fund a project or finance essential infrastructure. In this case, the taxing authority must certify the boundaries and beginning date to the property appraiser. "Dedicated increment value" is the portion of the tax increment value used to determine the payment to the redevelopment trust fund. (See s. 200.001(8)(h), F.S.) Calculate the dedicated increment value on this form and enter on either Line 6b or Line 7e. "Specific proportion," used to determine whether to complete Line 6 or Line 7, refers to the calculation of the tax increment payment. Examples: Example 1. Section. 163.387(1), F.S., states the payment made by the taxing authority should equal 95% of the millage levied times the tax increment value. The specific proportion in this case is 95%. The ordinance providing for the payment may set a percentage lower than 95%. In these cases, the lower percentage would be the specific proportion • Example 2. Some required tax increment payments are not directly related to the tax increment value. A constant dollar payment is a payment not based on a specific proportion of the tax increment value Line 7 converts these payments into a proportion based on the prior year's payment and tax increment value to reach the current year's dedicated increment value. • Has a tax increment value and • Is not exempted from making payments to a community redevelopment trust fund based on tax increments (s. 163.387(2)(c), F.S.). If a taxing authority has more than one tax increment value, they must complete a separate form for laach tax increment value. Send a copy to each taxing authority with the DR-420 and keep a copy. When the taxing authority returns the completed forms, immediately send the original to: Florida Department of Revenue Property Tax Oversight Program - TRIM Section P.O. Box 3000 Tallahassee, Florida 32315-3000 B. Enter only tax increment values that apply to the value located within the taxing authority indicated. Section II: Taxing Authority Complete Section II of the form, keep one copy, and return the original and one copy to your property appraiser with DR-420 within 35 days of certification. Send one copy to your tax collector. Additional Instructions for Lines 6 and 7 Complete Line 6 if the payment into the redevelopment trust fund is a specific proportion of the tax increment value. Complete Line 7 if the payment is based on a calculation other than a specific proportion. Do not complete both Lines 6 and 7. All TRIM forms for taxing authorities are available on our website at http://dor.mvflorida.com/dor/property/trim 114 of 148 GM SE;9&=_v �W HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: July 28, 2021 Agenda Item Title: Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant offer for Project # 3-12-0145-018-2021 at Sebastian Municipal Airport, involving the construction of a Taxi Lane and reconstruction of a distressed portion of Taxiway Alpha in the amount of $614,422.00. Recommendation: Staff recommends that the Council APPROVE FAA AIP Grant # 3-12-0145- 018-2021 in the amount of $614,422.00 for the construction of a Taxi Lane and reconstruction of a distressed portion of Taxiway Alpha at Sebastian Municipal Airport; and authorize the City Manager and City Attorney to execute the appropriate documents. Backqround: On July 1, 2021 the FAA announced that Sebastian is the recipient of an Airport Improvement Grant for the construction of a Taxi Lane. Sebastian was one of only (11) eleven AIP grants awarded to airports in throughout Florida. This grant provides shared funding towards the construction of a new taxi lane allowing access from the new Square hangar development area so as to merge with existing Taxiway Alpha. The grant also covers the reconstruction of a prematurely distressed section of Taxiway Alpha. The work associated with this project has been bid and awarded by Council to Loren Jock Trucking. Construction will commence immediately following approval by Council of the AIP Grant and is expected to be completed this calendar year. If Agenda Item Reauires Expenditure of Funds: Project Total Cost: $682,691.11 • FAA AIP Grant $614,422.00 90% • State PTGA Grant $ 34,134.55 5% Reference Grant #FM445871-1 • Local Match DST Funds $ 34,134.55 5% Attachments: FAA AIP Grant # 3-12-0145-018-2021 Resolution No. R-21-13 Administrative Services Department Revv'W:: City Attorney Review: Procurement Division Review, if ,,l , 6le: 0 City Manager Authorization: Date: 7 115 of 148 U.S. Department of Transportation v Federal Aviation Administration July 14, 2021 Scott Baker Airport Director Sebastian Municipal Airport 202 Airport Drive East Sebastian, Florida 32958 Dear Mr. Baker: 3-12-0145-018-2021 FAA Orlando ADO 8427 Southpark Circle, Suite 524 Orlando, FL 32819 We are transmitting to you for execution the Grant Offer for Airport Improvement Program (AIP) Project No. 3-12-0145-018-2021 at Sebastian Municipal Airport. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant by providing their electronic signature. c. Once the sponsor's authorized representative has electronically signed the grant, the sponsor's attorney will automatically be sent via email the grant to provide their electronic signature. d. You may not make any modification to the text, terms or conditions of the grant offer. e. Following the attorney's action, the executed grant will be automatically sent to all parties as an attachment to an email. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you to complete the project without undue delay. We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit Davment reouests for reimbursement of allowable incurred oroiect expenses consistent with Droiect oroeress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status, which will affect your ability to receive future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF-270 (non -construction projects) or SF-271 or equivalent (construction projects) and SF-425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Performance Reports, which are due within 30 days of the end of a reporting period as follows: 1. Non -construction project: Due annually at end of the Federal fiscal year. 116 of 148 3-12-0145-018-2021 2. Construction project: Submit FAA form S370-1, Construction Progress and Inspection Report at the end of each fiscal quarter. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. William Farris, (407) 487-7232, is the assigned program manager forthis grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Bart Vernace, P.E. Manager 117 of 148 U.S. Department of Transportation Federal Aviation Administration Federal Award Offer Date Airport/Planning Area FY2021 AIP Grant Number Unique Entity Identifier TO: City of Sebastian (herein called the "Sponsor") 3-12-0145-018-2021 GRANT AGREEMENT Part I - Offer July 14, 2021 Sebastian Municipal Airport 3-12-0145-018-2021 087757977 FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 5, 2021, for a grant of Federal funds for a project at or associated with the Sebastian Municipal Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Sebastian Municipal Airport (herein called the "Project") consisting of the following: Construct Taxilane which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the FAA Reauthorization Act of 2018 (Public Law Number 115-254); Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; the Department of Transportation Appropriations Act, 2021 (Public Law 116- 260, Division L), as further amended by the American Rescue Plan Act of 2021 (Public Law 117-2); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances attached hereto (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 118 of 148 3-12-0145-018-2021 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $614,422. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $ 0 for planning $ 614,422 airport development or noise program implementation; and, $ 0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the period of performance provided in Paragraph a.l. Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. c. Close Out and Termination 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344). The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. Indirect Costs - Snonsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 4 119 of 148 3-12-0145-018-2021 Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary, and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. Completing the Proiect Without Delav and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, and the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"). Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project, and request prior approval from FAA. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 13, 2021, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Iniurv. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management (SAM1 Registration and Unique Entitv Identifier f UEIJ. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at 1 : /www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at httos://sam.p,ov/SAM/gapes/i)ublic/i ndex. isf. 120 of 148 3-12-0145-018-2021 12. Electronic Grant Pavment(sl. Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Proiects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Qualitv. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Pavment Reauirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buv American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a, land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 121 of 148 3-12-0145-018-2021 18. Audits for Saonsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at htt : /harvester.census.eov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non -Federal entity is eligible to participate in this Federal program by: Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non -Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g. Sub -contracts). c. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Textine While Drivine. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 21. Traffickine in Persons. You as the recipient, your employees, subrecipients under this Grant, and subrecipients' employees may not — 122 of 148 3-12-0145-018-2021 1. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or 3. Use forced labor in the performance of the Grant or any subgrants under this Grant. b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity — 1. Is determined to have violated a prohibition in paragraph a. of this condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph a. of this condition through conduct that is either — a. Associated with performance under this Grant; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this condition. d. Our right to terminate unilaterally that is described in paragraph a. of this condition: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this Grant Agreement. 22. AIP Funded Work Included in a PFC ADDlication. Within 90 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 23. Exhibit "A" Propertv Man. The Exhibit "A" Property Map dated October 17, 2018 is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 24. Emolovee Protection from Reorisal. a. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph a.2. below, information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; 123 of 148 3-12-0145-018-2021 iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency; v. A court or grand jury; vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph a of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint —A complaint may not be brought under this condition more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). SPECIAL CONDITIONS 25. Buv American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 124 of 148 3-12-0145-018-2021 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Bart Vernace Manager (Typed Na+ne) {Title of FAA Off<ciaf) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 10 125 of 148 3-12-0145-018-2021 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. 1 declare under penalty of perjury that the foregoing is true and correct.2 Dated By: Title: City of Sebastian (Name of Sponsor) (Signature of Sponso/s Authorized Official) (Typed Name of Sponsor's Authorized Official) (Title of 5ponsor's Authorized Official) Z Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001(False Statements) and could subject you to fines, imprisonment, or both. 11 126 of 148 3-12-0145-018-2021 CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Florida . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State, the FAA Reauthorization Act of 2018 (Public Law Number 115-254); Title 49 U.S.C., Chapters 471 and 475; 49 U.S.C. §§ 40101, et seq., and 48103; and the Department of Transportation Appropriations Act, 2021(Public Law 116-260, Division L), as further amended by the American Rescue Plan Act of 2021(Public Law 117-2). In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 Dated at By: (Signature of Sponsor's Attorney) 12 127 of 148 ASSURANCES AIRPORT SPONSORS A. General. 3-12-0145-018-2021 a. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements Airport Sponsor Assurances 22020 Page I of 18 128 of 148 3-12-0145-018-2021 It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: FEDERAL LEGISLATION a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act — 40 U.S.C. 276(a), et seal c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg. d. Hatch Act — 5 U.S.C. 1501, et seg? e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seal 2 f. National Historic Preservation Act of 1966 — Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seg.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seg.' s. Power plant and Industrial Fuel Use Act of 1978 — Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seg.' u. Copeland Anti -kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.Z y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS Aijpori Sponsor Assurances 2/2020 Page 2 of 18 129 of 148 3-12-0145-018-2021 a. Executive Order 11246 — Equal Employment Opportunity' b. Executive Order 11990 — Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 — Intergovernmental Review of Federal Programs e. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898 — Environmental Justice FEDERAL REGULATIONS 2 CFR Part 180 — OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Non -procurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations].",' c. 2 CFR Part 1200 — Non -procurement Suspension and Debarment. d. 14 CFR Part 13 — Investigative and Enforcement Procedures e. 14 CFR Part 16 — Rules of Practice For Federally Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 — Airport noise compatibility planning. g. 28 CFR Part 35 — Discrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1— Procedures for predetermination of wage rates.' 29 CFR Part 3 — Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' k. 29 CFR Part 5 — Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' I. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' m. 49 CFR Part 18 — Uniform administrative requirements for grants and cooperative agreements to state and local governments.' n. 49 CFR Part 20 — New restrictions on lobbying. o. 49 CFR Part 21— Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. p. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. q. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.'' Airport Sponsor Assurances 2/2020 Page 3 of 18 130 of 148 3-12-0145-018-2021 r. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. s. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' t. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. u. 49 CFR Part 30 — Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. v. 49 CFR Part 32 — Government -wide Requirements for Drug -Free Workplace (Financial Assistance). w. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA). x. 49 CFR Part 41— Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. ° On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. ' Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. e Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of Airport Sponsor Assurances 2/2020 Page 4 of 18 131 of 148 3-12-0145-018-2021 the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and Airport Sponsor Assurances 2/2020 Page 5 of 18 132 of 148 3-12-0145-018-2021 assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the Airport Sponsor Assurances 22020 Page 6 of 18 133 of 148 3-12-0145-018-2021 communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 Airpon Spomor Assivai 2/2020 Page 7 of 18 134 of 148 3-12-0145-018-2021 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. Airport Sponsor Assurances 212020 Page 8 of 18 135 of 148 3-12-0145-018-2021 g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. Airport Sponsor Assurances 2/2020 Pegc 9 of 18 136 of 148 3-12-0145-018-2021 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. Airport Sponsor Assurances 211020 Page 10 of 18 137 of 148 3-12-0145-018-2021 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from Airport Sponsor Assurances 22020 Page I I of 18 138 of 148 3-12-0145-018-2021 the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government Airport Sponsor Assun3nces 2/2020 Page 12 of 18 139 of 148 3-12-0145-018-2021 aircraft is substantial, charge maybe made for a reasonable share, proportional to such use, forth e cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with Airport Sponsor Amuranoee 2/2020 Page 13 of 19 140 of 148 3-12-0145-018-2021 the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grantor other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grantor other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance forthe period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (C� of Sebastian), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this Airport Sponsor Assurances 211020 Page 14 of IS 141 of 148 3-12-0145-018-2021 advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1)reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Airport Sponsor Assurances 2/2020 Page 13 of 18 142 of 148 3-12-0145-018-2021 Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U. S. C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Airport Sponsor Assurances 2/2020 Pap 16 of IS 143 of 148 3-12-0145-018-2021 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects as of May 5, 2021. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owners expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide A6port Spoor Assurances 22020 Page 17 of 18 144 of 148 3-12-0145-018-2021 service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Spomor Assurances 2/1020 Page 18 of 19 145 of 148 3-12-0145-018-2021 Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects View the most current versions of FAA's Advisory Circulars (A/Cs) here: https://www,faa.Rov/regulations policies/advisory circulars/ Airports A/Cs are found in the 150 series. In addition Airspace A/Cs, found in the 70 series, also may apply for certain projects. A icporl Sponsor Assurances 2Q020 Page l9 ar I 146 of 148 RESOLUTION NO. R-21-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EXECUTE AN AIRPORT IMPROVEMENT PROJECT (AIP) GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION RELATING TO THE FUNDING THE CONSTRUCTION COST OF FM445871-1-94-01 "CONSTRUCTION OF TAXI LANE" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the Federal Aviation Administration has extended an Airport Improvement Project (AIP) Grant #3-12-0145-018-2021 in the amount of $614,422.00 for the Construction of a Taxi Lane and renovation of Section 425 on Taxiway Alpha at Sebastian Municipal Airport (SMA) providing for 90% of the actual project cost, said project cost is estimated to be $682,691.11 and Whereas, the City of Sebastian agrees to the conditions of such funding, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager and City Attorney is hereby authorized to execute said Airport Improvement Project Grant Agreement #3-12-0145- 018-2021 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member and, upon put to a vote, the vote was as follows: 147 of 148 Mayor Ed Dodd RESOLUTION 21-13 Page 2 Vice Mayor Jim Hill Council Member Bob McPartlan Council Member Chris Nunn Council Member Fred Jones The Mayor thereupon declared this resolution duly passed and adopted this 28th day of July, 2021. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., ESQ City Attorney 148 of 148