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HomeMy WebLinkAbout02-23-2022 CC Agenda01) C4 SEBAS-vT," HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT AGENDA WEDNESDAY, FEBRUARY 23, 2022 — 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. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Jones 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations ofproclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Senior Activity Center Presentation by Andrea Coy, President B. Certificate of Appreciation to Joel Roth, Planning and Zoning Commission Service C. Presentation - 211 HelpLine by Karen Bailey, Help Me Grow Coordinator, Palm Beach/Treasure Coast HelpLine BriefAnnouncements: Saturday, February 26 — Substance Abuse Free Indian River Coalition Family Fun Day — IG Center, Vero Beach - 10: 00 am — 3: 00 pm — Sebastian Police Department's Community Outreach Team will be serving snow cones & popcorn Sunday, February 27 — Literacy Services Family Fun Day — 21 South Cypress Street, Fellsmere - 12: 00 pm - 3: 00 pm — Sebastian Police Department's Community Outreach Team will be serving snow cones & popcorn Friday, March 4 - Chamber of Commerce Concert in the Park at Riverview Park S: 30 -- 8 pm - St. John's Wood 1 of 129 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 resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one weekprior 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. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT MEETING pgs 7-I1 A. Approval of Minutes — May 12, 2021 Board of Adjustment Meeting B. OUASI-JUDICIAL PUBLIC HEARING Adopted Quasi -Judicial Public Heariniz Procedures: Chairman opens hearing Attorney reads title of request Board discloses ex parte communication or site visit City Clerk swears in all who intend to provide testimony Applicant makes presentation Staff presents findings and analysis Board asks questions of the applicant and staff Chairman opens the floor for anyone in favor of the request Chairman opens the floor for anyone in opposition of the request Applicant provided opportunity to respond to issues raised by staff or public Staffprovided opportunity to summarize request if needed Board deliberations and questions Chairman calls for a motion pgs 12-22i. AMH INVESTMENTS, INC. REQUESTING A VARIANCE FROM SECTION 54-3-15.4(5)A.(v) TO ALLOW AN EXISTING MIXED - USE SITE, CONSISTING OF MULTI -FAMILY UNITS AND RETAIL LOCATED AT 1201 INDIAN RIVER DRIVE, TO BE ABLE TO PURCHASE REQUIRED PARKING SPACES THROUGH THE PARKING-iN-LIEU PURCHASE PROGRAM, WHERE THE CODE EXCLUDES RESIDENTIAL USES FROM USING THE PROGRAM (Transmittal, Report, Exhibits, Application) 9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item.for discussion prior to start of the meeting or by raising his/her hand to be recognized. 2 of 129 pgs 23-39 A. Approval of Minutes — February 9, 2022 Regular City Council Meeting pgs 40-48 B. Approve a Professional Legal Services Agreement with Roberts, Reynolds, Bedard & Tuzzio, PLLC in Regards to Matthew T. Hall v. City of Sebastian, Case No. 31-2022-AP-000001 (Circuit Court -Appellate Division, Indian River County) pgs 49-57 C. Upon Approval of the Board of Adjustment Request - Resolution No. R-21-30 -- Parking-In-Lieu Purchase Program for 1201 Indian River Drive (Transmittal, R- 21-30, Request, Code) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION FOR PROPERTY OWNER AMH INVESTMENTS, INC. IN THE PARKING -IN -LIEU PURCHASE PROGRAM AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 1201 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA, PROVIDING FOR CONFLICTS, SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 58-83 D. Resolution No. R-22-08 — Accepting the 1' Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2021-2022 Annual Budget (Transmittal, R-22-08, 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, 2021 AND ENDING SEPTEMBER 30, 2022 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 84-88 E. Resolution No. R-22-09 - Authorizing a Non -Exclusive Utility Easement to FPL as it Relates to the Installation of Electrical Power to a Future Aerating Fountain at Cownie Pond Near the Intersection of Cheltenham Street and Brookedge Terrace and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Form, R-22-09) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON- EXCLUSIVE EASEMENT WITH FLORIDA POWER AND LIGHT (FPL) PROVIDING ELECTRICAL SERVICE ALONG CHELTENHAM STREET FOR A FUTURE AERATING FOUNTAIN ON SEBASTIAN MUNICIPAL PROPERTY AT COWNIE POND; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 89-94 F. Approve CSA #5 Under the Continuing Professional Planning and Landscape Architect Consulting Services Agreement with Kimley-Horn and Associates, Inc. in the Amount of $50,000 for Phase II of Land Development Code Revisions &ad Authorize the City Manager to Execute the Appropriate Documents (Transmittal, CSA #5, Scope) 3 of 129 pgs 95-98 G. Approve CSA#4 with Guardian CRM, Inc. for FY 2021/2022 Grant Administration Services of the Home Repair/Rehabilitation Program in the Amount of $20,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, CSA#4, Letters) pgs 99-106 H. Approve Work Services Agreement with Hanson Professional Services, Inc. in the Amount of $21,497.00 to Perform Construction Engineering Inspection Services for the Construction of Two Square Hangar Buildings at the Sebastian Municipal Airport (Transmittal, Agreement, Scope) pgs 107-109 I. Approve Alcoholic Beverages for the Baker Family Event at Community Center on March 11, 2022 from 5:00 p.m. to 10:00 p.m. (Transmittal, Application, Receipt) 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS pgs 110-112 A. First Reading Ordinance No. 0-22-05 — Amending Code Section 38-2 Forms of Petition; Filing Fee, Amending the Qualifying Period — Set Public Hearing March 23, 2022 (Transmittal, 0-22-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING SEC. 38-2 FORMS OF PETITION; FILING FEE, AMENDING THE QUALIFYING PERIOD; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE'. pgs 113-120 B. Approve the Second Amendment to the CELLCO PARTNERSHIP, a Delaware General Partnership d/b/a Verizon Wireless Tower Lease and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Amendment) pgs 121-124 C. Approve the Location and Allow City Staff to Work with the Sons of the American Legion Squad 189 to Install a POW -MIA Memorial Monument at the Veteran's Memorial at Riverview Park (Transmittal, Proposal, I3nages) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 4 of 129 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Council Member McPartlan pgs 125-129 i. Nuisance Ordinance C. Council Member Dodd D. Mayor Hill E. Vice Mayor Jones 19. 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 CTIY 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. ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom.us/j/84589093938 Or One tap mobile: US: +13017158592„84589093938# or +13126266799„84589093938# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1 253 215 8782 or +1. 346 248 7799 or +1669 900 683-3 - Webmar ID: 845 8909 3938 International numbers available: https://us02web.zoom.us/u/kAnuECaQL 5 of 129 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: %o Consent Agenda o Public Hearings Unfinished Business New Business ✓ Public Input Public Input is NOTALLOWED under the headings: vo Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); v Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters v Charter Officer Matters • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetinss 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 detenninations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 6 of 129 C11Y OF SEBASTIAN HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached May 12, 2021 Board of Adjustment minutes were approved at the February 23, 2022 Board of Adjustment meeting. Chairman Jim Hill ATTEST: Jeanette Williams, City Clerk 7 of 129 Regular City Council & BOA Meeting May 12, 2021 Page 6 6:38 pm Roll call: Mayor Dodd - aye Vice Mayor Hill -absent Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 4-0 11. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:34 p.m. A. Approval of Minutes — April 28, 2021 Board of Adjustment Meetina e MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the April 28, 2021 Board of Adjustment meeting minutes passed with a unanimous vote. (4-0) B. QUASI-JUDICIAL PUBLIC HEARINGS i. VARIANCE EXTENSION REQUEST - SEMBLER MARINA PARTNERS, LTD., IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), HAS REQUESTED AN EXTENSION FOR A VARIANCE THAT WAS GRANTED ON MAY 8T", 2019 TO ALLOW MEASUREMENT OF THE PROPOSED RESTAURANT BUILDING HEIGHT TO BEGIN FROM THE FINISH FLOOR ELEVATION INSTEAD OF THE FEMA BASE FLOOD ELEVATION, AND WHICH VARIANCE WAS GRANTED CONDITIONALLY THAT CONSTRUCTION OF THE RESTAURANT BUILDING MUST BEGIN WITHIN 24 MONTHS FROM DATE OF APPROVAL. CONSTRUCTION HAS NOT BEGUN AND THE APPLICANT IS REQUESTING A TIME EXTENSION. (Transmittal, 2019 Order, Email Request, Timeline, 2019 Minutes) (PJ Ad 4/27/2021) Chairman Dodd opened the hearing at 6:34 pm and the City Attorney read the title of the extension request. Chairman Dodd and Mr. Nunn said they drove by the site but didn't get out of the car. The City Clerk swore in all who would be providing testimony. Ryan McLean, MBV Engineering, Inc., project manager said construction has not begun because of the lengthy permitting process; he has been working diligently and asked the board to grant the extension on the project which has been previously approved. The Community Development Manager briefly went over the 2019 order where the first three conditions have been met; the use has not changed; it is just condition number four that hasn't been met because as they have been going through the development order, issues have come up that require another revision and review. The applicant did ask for another extension and staff feels 180 days would allow staff to continue the review to get the site plan before the Planning and Zoning Commission. 8 of 129 Regular City Council & BOA Meeting May 12, 2021 Page 7 Chairman Dodd asked if the variance would carry into the construction phase. The Community Development Manager replied the intent was to hopefully get the site plan approved by the Planning and Zoning Commission, then the applicant would get the building permit in and begin construction within 180 days. Mr. Jones asked the applicant what assurance the City had that the project will go forward. Mr. McLean said he and the owner have invested a considerable amount of time and money in the project and plan to continue full speed ahead. There was no one to speak for or against the extension request. Chairman Dodd closed the public hearing at 6:45 p.m. MOTION by Mr. Nunn and SECOND by Mr. Jones to grant the extension request for another 180 days from the date of granting the extension today, May 12, 2021. Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Dodd - aye Vice Chairman Hill - absent Motion carried. 4-0 ii. VARIANCE APPLICATION - SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), AND WHICH STRUCTURE IS LOCATED WITHIN A FLOOD HAZARD AREA AND REQUIRES A BUILDING PERMIT, IS REQUESTING RELIEF FROM FLORIDA BUILDING CODE SECTION 1612.4; WHEREBY THE MINIMUM ELEVATION REQUIREMENT FOR A BUILDING LOCATED IN A COASTAL HIGH HAZARD FLOOD ZONE IS BASE FLOOD ELEVATION PLUS 1 FOOT TO THE LOWEST HORIZONTAL MEMBER OF AN EXISTING STRUCTURE THAT IS BEING SUBSTANTIALLY IMPROVED. THE BOTTOM OF THE LOWEST HORIZONTAL MEMBER OF THE EXISTING STRUCTURE 1S +7.6 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff Report, Exhibits A-E, Application) (PJ Ad 4/27/2021) The City Attorney read the request and Chairman Dodd opened the hearing at 6:48 p.m. There was no ex-parte communication or site visits to disclose by the board members. The City Clerk swore in all who would provide testimony. Ryan McLean, MBV Engineering, Inc., civil engineer for the project, said at the time of construction, FEMA, flood zone, and building code requirements were at a different state; now when developing in a velocity zone, the structure carries the traditional elevation plus an additional one foot over the free board over the lowest structural member. In this case the lowest structure is at elevation 7.6 and he has provided documentation stating there is no structural concern and he supports staff's recommendation. 9 of 129 Regular City Council & BOA Meeting May 12, 2021 Page 8 6:54 pm The City Manager stated that staff recommended approval but wanted the board to be aware that they were not sure what effect this will have on the City's community rating system which provides insurance reductions to numerous residents in the City. The Building Official explained the City participates in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS) so that residents may be eligible for discounts of up to 20% on their flood insurance premiums. Although the code provides for variances, it is highly discouraged because this might affect the City's standing with the Community Rating System. He said the proposed restaurant is a substantial improvement meaning its value is more than 50% of the existing structure without the land so the structure must meet the base flood elevation plus one foot of free board which is .4 ft. too low to comply with current code. It would be infeasible to elevate or relocate the structure which is what NFIP would recommend and is deemed uninsurable by the CRS. The Building Official explained the City would not have to include anything uninsurable upon CFZS recertification and the owner will have a hard time obtaining flood insurance and if lie did, it will be extraordinarily high. The City Manager said staff didn't have a good feel of how this might affect the CRS rate but they might be able to recover a lost point or two with additional work. The Building Official said Rebecca Quinn, consultant for the state, did advise that there is an avenue the City could pursue. There was no one to speak in favor or against the variance request. The Building Official said since the structure cannot be relocated or elevated and it is only encroaching 4 and 3/ inches into the extra foot of free board that wasn't required in the 90's when it was built, he felt it was structurally sound; and as long as it didn't hurt the City's NFIP and CRS ratings he felt the City was in good shape. The City Attorney asked that staff's three conditions noted on page 203 be part of the motion and the staff report and application would be made part of the record. The City Manager asked the time period start 180 days from today. MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the variance and request in conjunction with the previously approved extension with staff's three recommendations: a. Should the building become substantially damaged or substantially improved, as defined by the Florida Building Code, this variance will no longer be in effect. b. Proof that the variance is recorded by applicant in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land. c. Variance shall remain in effect provided construction has commenced within 180 calendar days from the date the variance is granted. 10 of 129 Regular City Council & BOA Meeting May 12, 2021 Page 9 7:21 pm 7:27 pm Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Dodd - aye Vice Chairman Hill - absent Motion carried. 4-0 12. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 7:02 p.m. 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS A. Recommendations of the 2021 Charter Review Committee Committee Presentation of Proposed Ballot Questions #1-8 Charter Review Committee Chair Beth Mitchell stated the committee met for approximately five months; the 15 members were a great representation of the citizenry who took the review very seriously with interesting input amongst the committee members. (See attached highlighted changes) She introduced Sherrie Matthews who stated there was some great debate and briefly described the changes proposed to Sec. 1.02 and Sec. 2.02. Patti Sullivan explained the proposed changes to Sec. 2.06 and Sec. 2.08. John Christino explained the proposed changes to Sec. 2.12 and Sec. 4.01, Chair Mitchell finished up the presentation by explaining the proposed changes to Sec. 4.12 and Sec. 4.14 and asked Council to forward the proposed questions to the electorate. She thanked the Charter Officers and staff of the Clerk's office for their work on the review. The City Attorney cited Code Sec. 5.03, "... The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose." Mayor Dodd asked if the word criminal could be added to the ballot question on page 243 to trigger a suspension hearing based on a criminal misdemeanor charge. The City Attorney advised that at this point, Council could accept any or all of the committee's recommendations but not make any changes. Council Member Nunn noted for clarity, the key word may in the phrase may be suspended might give Council the right to suspend them if it is not a criminal misdemeanor. Mayor Dodd asked to move the proposed amendments forward individually so they might discuss them at that time. 11 of 129 CnL SE T, HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meetina Date: February 23, 2022 Agenda Item Title: Bruno Mixed -Use Parking -in -Lieu Variance Request Recommendation: Conduct a quasi-judicial public hearing to consider a variance request ]For the property located at 1201 Indian River Drive Backaround: A variance application has been submitted from AMH Investments, Inc., the property owner, for relief from Section 54-3-15.4(5)a.(v) of the Sebastian Land Development Code to allow an existing mixed -use site, consisting of multi -family units and retail, to be able to purchase required parking spaces through the Parking -in -Lieu Purchase Program. The code excludes "residential and multifamily uses" from using the program. The code does not address how it applies to mixed -uses that contain a residential component. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with the Board's consideration. If Agenda Item Requires Exuenditure of Funds: Budgeted Amount: Total Cost: NIA Funds to Be Utilized for Appropriation: Attachments: I. Staff Report with Board Criteria for Detennining Variances 2. Exhibits A and B 3. Application Administrative Services Depar*Revie��City Attorney Review: Procurement Division Review, City Managers Authorization Date: AV Y 12 of 129 LnL* SEA T,IAN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Bruno Mixed -Use Parking -in -Lieu Purchase 2. Requested Action: A variance from Section 54-3-15.4(5)a.(v) to allow an existing mixed -use site, consisting of multi -family units and retail, to be able to purchase required parking spaces through the Parking -in -Lieu (PIL) Purchase Program, where the code excludes residential uses from using the program. (Exhibit A, Code section) 3. Project Location a. Address: 1201 Indian River Drive b. Legal: IRC Tax Parcel ID No. 31-39-06-00000-0050-00007.0 4. Project Owner: 5. Project Agent: COMMMENCE AT NW COR OF GOV LOT 5, RUN SLY ALONG W BDRY 382.06 FT TO S R/W LINE OF MAIN ST; WHICH HAS 80 FT R/W; RUN N 83 DEG 25 MIN 31 SEC E 179 FT TO IRON PIPE AT SE COR OF NEW US #1 HWY & MAIN ST; RUN ALONG NE E R/W OF NEW US #1 HWY S 17 DEG 29 MIN 29 SEC E 39590 FT TO AN IRON PIPE; N 73 DEG 08 MIN 31 SEC E 205.00 FT TO A CONCRETE MONUMENT FOR POB: RUN S 17 DEG 29 MIN 29 SEC E 120.00 FT TO CONCRETE MONUMENT ON N RIW LINE OF WASH PL; ALONG N RIW LINE OF WASH PL N 73 DEG 08 MIN 31 SEC E 66.70 FT TO CONCRETE MONUMENT AT COR OF WASH PL & OLD US #1 HWY; ALONG W RIW LINE OF OLD US #1 HWY N 25 DEG 29 MIN 29 SEC W 121.48 FT TO CONCRETE MONUMENT; RUN S 73 DEG 08 MIN 31 SEC W 49.70 FT TO POB AS R BK 55 PP 113 AMH Investments, Inc. Robert & Juliet Bruno 1831 Sandalwood Road East Vero Beach, Florida 32963 (772)633-2406 NIA 6. Project Engineer: Todd N. Smith, P.E., Inc. 1717 Indian River Boulevard, Suite 302 Vero Beach, Florida 32963 (772) 559-3699 7. Project Description: a. Narrative and history of proposed action: AMH Investments, Inc., owner of the property located at 1201 Indian River Drive, is requesting a variance seeking an exception to 13 of 129 b. c. d. LDC Section 54-3-15.4 Parking requirements to allow their mixed -use development to participate in the PIL Purchase Program. In 1999, a site plan was approved for a renovation to the building located on the subject property to include 4 multi -family apartments and 581 SF of retail space. Additional parking was necessary, but at that time, the Parking -in -Lieu Purchase Program had not yet been established. The property owner also owned commercial property located at 1208 U.S. Highway #1 (Brick building and satellite repair business), which had extra parking, so the two sites were combined (Exhibit B, 1999 site plan). Presently, the property at 1208 U.S. #1 now has a different owner, and the two properties have become separate sites again. This disconnection requires the subject property to address its parking deficiency. The owner of the subject property, has provided a revised parking plan which will incorporate an additional parking space onto its site (now 5 spaces), and is requesting to purchase the remaining four required spaces through the Parking -in -Lieu Program. If an exception is granted, the property will be able to purchase the required spaces and bring the mixed -use development into compliance. Current Zoning: RMU (Riverfront Mixed Use) Current Land Use: CWR (Commercial Waterfront Residential) Adjacent Properties: Zoning Current Land Future Land Use Use North: CWR vacant motel - RMU Harbor Lights East: CWR residence RMU South: CWR commercial - R,1U Washington Plaza West: CWR office RMU Site Characteristics (1) Total Acreage: .16 acres, or 6,970 SF (2) Current Land Use(s): Multi -family + Retail (3) Water Service: County Water (4) Sanitary Sewer Service: County Sewer 8. Staff Comments: 1) The subject property, when developed in 1999, established parking on a non-contiguous parcel, which has ultimately restricted the ability of multiple properties to expand or redevelop. This is not consistent with the goals of the Community Redevelopment Area. 2) The parcel that contained the additional parking has been sold and the parking was removed to allow for redevelopment of that property. The subject property is now out of compliance with Section 54-3-15.2 Parking spaces required by use. There is insufficient property on site to add the required parking, and the option to allow for a variance for this property to use PIL may be the only solution at this time. 2 14 of 129 9. Board Criteria for Determining Variances: See attached analysis. This criterion was considered in determining staffs recommendation. 10. Staff Recommendation: Based on existing Comprehensive Plan policies, goals of the Community Redevelopment Area, and the criteria for determining variances being met, staff recommends avmoval of the requested variance. If the variance is granted, an ensuing Parking -in -Lieu Purchase Agreement would also need to be approved by City Council. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variances. Doni Bosworth, Manger/Planner 3 Date 15 of 129 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5(c)(2) In order to authorize any variance from the terms of the land development regulations., the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes V No ❑ The building was constructed in 1974 as a funeral home, and is grandfathered with regards to setbacks and other zoning district requirements. Because of its age and size of property, special circumstances exist for this parcel. As such, when the property was redeveloped in 1999, it used a shared parking plan to meet its parking requirements to convert to a mixed use. However, this particular plan ultimately restricted further redevelopment of the involved properties. In 2010, the City created the Parking -in -Lieu Purchase Program with the intent to help facilitate the redevelopment of properties with similar circumstances as the subject property. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes No ❑ Special circumstances created by the original construction, or size of the lot do not result from the actions of the applicant. C. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes r/ No ❑ Purchasing parking through the PIL program is available for all properties zoned CR and CWR. This is a mixed -use property zoned CWR. Not approving the variance may prevent involved properties from redeveloping, which was not the intent of the Purchase Program. 4 16 of 129 d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes Pf No ❑ Consideration should be given that this is a mixed -use property. The code specifically created an exclusion for residential and multifamily uses, and its application certainly should be applied for a property with just that single use. However, the code does not address how it applies to mixed -uses that contain a residential component. If the variance is not granted, the property will be in non-compliance with its parking requirements, and redevelopment opportunities will be restricted. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes,4' No ❑ Granting a variance and allowing the property to participate in the PIL Purchase Programs is the minimum variance necessary. f. Not injurious to public welfare or intent of ordinance. That the granting or the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes �/ No ❑ The granting of the variance would not be considered injurious to the public welfare, to the area involved, or surrounding properties. Allowing the involved properties to be able to redevelop was the intent of the PIL Purchase Program. g. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes No ❑ There are no recommended conditions of approval. 5 17 of 129 h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard F Yes Ef No ❑ No time limit is being proposed by staff. The applicant wishes to purchase the spaces immediately if the variance is granted. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes A No ❑ The variance as requested is not a use -related variance. 6 18 of 129 Exhibit A 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. 19 of 129 cWOF ----BAST" HOME OF PEEICAN 1SIAND COMPAUNETY DEVE1 OPMEN'T DEPARTMENT 1225 MAIN STREff k: SESASTIAH, FLORIDA 32958 TELEPHONE (7Y2) 669-5518 www.elt+otsebusfIon -org DF,VT`LOP.-Ill REVIEW :1PP1 ICAr ❑ Accessory Structure Reviewed by P1Z ❑ Conditional Use Permit (Commercial) ❑ Administrative Variance (Fence or septic system) ❑ Conditional Use Permit (Model Homes) ❑ Easement (Abandonment) ❑ Board. of Adjustment (Appeal) ❑ Special Use PermitlSpecial Exception IF Board of Adjustment (variance) Project Name: Bruno Mixed -Use Total Site Area: 6,970 Sr AcresISF Parcel ID, a,-39-06-00000-0050-00007.0 - - Address of Site: 1201 Indian River give Existing Use: Mixed-l1se: 4 Apts { RFtai1 Land Use: JLW Applicant Name: A111H inc. Robe;i Brunk, Address: 1 ti 3 1 Smdahvool Road Fnsl, Vc-ro Beach, Florida 32Q61 Telephone: 7 72-b31-2406 Email: _ U1ietl)fullo(4, •e)Isouth.net Zoning: Applicant (If not owner, written authorization (notarized) from owner is required) Owner. l ain:. iL .;_pplicani) Address: Telephone: Email: Date Received: 4 f dDQ--,D-- Fee Paid: Received b FORM D 21 of 129 Surveyor. Address: fTelephone: Email: - - Engineer: Todd N. Stnilh, l'.F:., Inc. Address: ) 717 Indian River Boulevard. Suite 302, hero Reach. Flr:-ida 3296() Telephone: 772-559-3699 Email: trvspc(a'belisciuth.Qet DESC RLPTION OF VARIANCE REQUEST: ��equest from LDC Section54-3-15.4(a)il5)a.(v) — To allow a mixed -use site, consisting of multi -family units and retali, to be able to purchase required parking spaces through the Parking -in -Lieu Purchase Program, where the code excludes residential uses from using the program. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type work will be complied with, whether specified herein or not. The granting of approval does not presume to g' e a ority to violate or cancel the provisions of any other state or local law regulating construction or the perfo cc o co ction. Print name inns ,� D to Notary.: _ STATE OF: _1gWW(__ COUNTY: idiwii Attie t - I hereby certify that on 1 r T� 20 personally appeared _ � �,&/�� who is _ pmon y known to me or has Zproduced identification. Type of identification produced: �/m C [SEAL] — _ Notary Pub c My Com ssio Expires. Villlet Pierre -Noel _;. Notary Public State of Florida '',i GoMmisalon Exp€r@� 06/00/202Z :,,Dr misslon No. QQ ;A4944a FORM D 22 of 129 On Cf SEBAST kN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 9, 2022 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the Regular City Council meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Citv Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Community Development Director/CRA Manager Lisa Frazier Community Development Manager Dorri Bosworth Public Works Director/Engineer Karen Miller Leisure Services Director Brian Benton Public Facilities Director/Airport Director Scott Baker Police Captain Tim Wood 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Brief Announcements: Thursday, February 10 - Operation New Day at Riverview Park — 5:30 pm — 9:00 pm Saturday, February 12- Craft Club of Sebastian Show at Riverview Park — 10 am — 3 pm Saturday, February 19 - Sebastian River Art Club at Riverview Park — 8 am — 4 pm Monday, February 21 - Presidents Day Observance — City Hall Closed Mayor Hill announced the upcoming events. PUBLIC INPUT Pete Puzzo, Commander of the Sons of the American Legion Squadron 189, displayed a photo of a POW/MIA monument the squadron would like to propose for Riverview Park 23 of 129 Regular City Council Meeting February 9, 2022 Page 2 at the south of the Veterans Memorial circle. (see attached) He said there are 82,000 Americans still unaccounted for since WWI and this would be dedicated to their honor. It was the consensus of Council to have his proposal on a future agenda for approval. 8. CONSENT AGENDA A. Approval of Minutes — January 26, 2022, 1:00 p.m. Workshop B. Approval of Minutes — January 26, 2022, 5:00 p.m. Workshop C. Approval of Minutes — January 26, 2022 Regular City Council Meeting 22.028 D. Approval of Budget Calendar for Preparation of the Annual Budget and Capital Improvement Program for Fiscal Year 2022-2023 (Transmittal, Calendar) 22.029 E. Prior Authorization for Council Travel to Florida League of Cities Advanced Institute for Elected Municipal Officials II — April 29-30, 2022 at the Hilton Cocoa Beach (Transmittal, Curriculum) 22.030 F. Approve the Joint Special Event Agreement with the Lion's Club of Sebastian for the Annual Fourth of July Festivity Celebration and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement) 22.031 G. Award ITB#22-02 to Conlon Landscaping for Right of Way Swale and Ditch Mowing Services to Begin February 2022 for a Two Year Term with the Option -:o Extend for Two (2), One (1) Year Terms (Transmittal, Bid Sheets) 22.032 H. Award ITB#22-05 to Florasod LLC and Anthony's Lawn and Landscaping for Sod as Needed to Begin February 2022 for a Two Year Term with the Option to Extend for Two (2), One (1) Year Terms (Transmittal, Bid Sheets) 22.033 I. Award ITB#22-01 to A. Thomas Construction, Inc. and Timothy Rose Contracting, LLC for Concrete Services as Needed for Begin February 2022 for a Two Year Term with the Option to Extend for Two (2), One (1) Year Temns (Transmittal, Bid Sheets) Council Member Dodd asked to pull Item G. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve consent agenda items A, B, C, D, E, F, H and 1. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 24 of 129 Regular City Council Meeting February 9, 2022 Page 3 Item G — Riqht of Wav Swale and Ditch Mowing Services Council Member Dodd said Council receives a lot of communication from residents regarding swale cutting and he wanted to highlight the signing of the $48,000 contract to continue with the Swale cutting to propagate that issue. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS 22.022 A. Citizen Budaet Review Advisory Board (Transmittal, Applications, Advertisement, List) Interview, Unless Waived, Submit Nominations for One Additional Member Position —Term to Expire November 2022 Council Member McPartlan nominated Mr. Newhart. Council Member Nunn nominated Mr. Sullivan. Roll call on the nominations: Council Member McPartlan - Newhart Council Member Nunn - Sullivan Mayor Hill - Newhart Vice Mayor Jones - Newhart Council Member Dodd - Newhart Dave Newhart was appointed to the vacant additional member position. MOTION by Council Member Dodd and SECOND by Council Member Nunn to waive the advertising requirement and nominate Ms. Reed for the vacant alternate member position passed with a unanimous voice vote. 5-0 22,034 B. Planninq and Zoning Commission (Transmittal, Applications, Advertisement, List) Interview, Unless Waived, Submit Nominations for One Unexpired, Regular Member Position — Term to Expire November 1, 2023 Council Member Dodd nominated Ms. Kinchen. Council Member McPartlan nominated Mr. Christino. Roll call on the nominations: Council Member Nunn - Kinchen Mayor Hill - Kinchen Vice Mayor Jones - Kinchen Council Member Dodd - Kinchen Council Member McPartlan - Kinchen Linda Kinchen was appointed to the unexpired, regular member position. 25 of 129 Regular City Council Meeting February 9, 2022 Page 4 Mayor Hill announced that Council Member Dodd was appointed the chairman of the Indian River County MPO Committee earlier in the day which is a prestigious distinction as they plan the roads and infrastructure in the County for 45 years and out. 10. PUBLIC HEARINGS 21,016 A. Public Hearina and Second Reading - Ordinance No. 0-21-18 — Providing for Adoption of the City of Sebastian Comprehensive Plan 2040 Private Property Riahts Element (Transmittal. 0-21-18, Ex. A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY OF SEBASTIAN COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3184(3), FLORIDA STATUTE; PROVIDING FOR ADOPTION OF THE CITY OF SEBASTIAN COMPREHENSIVE PLAN 2040 PRIVATE PROPERTY RIGHTS ELEMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:13 p.m. and the City Attorney read the title of Ordinance No. 0-21-18. The City Manager said this ordinance is a statutory requirement to include a property rights element in the City's comprehensive plan. There was no public input. Mayor Hill closed the public hearing at 6:15 p.m. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-18. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 21.138 B. Public Hearing and Second Reading Ordinance No. 0-21-14 — Petition for Voluntary Annexation — Fischer's 99`h Street Propertv, 1.47 Acre Parcel, 10105 Industrial Park Blvd. (Transmittal, 0-21-14. Ex. 1) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 1.47 ACRES, MORE OR LESS, LOCATED SOUTH OF VICKERS GROVE MINE AND SURROUNDED EY INDUSTRIAL LAND, WEST OF THE FEC RAILROAD AND NORTH OF 99TH STREET IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FCR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:15 p.m. and the City Attorney read the title of Ordinance No. 0-21-14. The City Manager said this is an enclave that will help clean up the City's boundaries and asked Council for approval. 26 of 129 Regular City Council Meeting February 9, 2022 Page 5 Attorney Warren Dill introduced Dr. Henry Fischer, Joe Schulke, P.E., and Laura Peterson, real estate representative, to answer any questions they might have for their nine items on the agenda tonight. There was no public input. Mayor Hill closed the public hearing at 6:19 p.m. MOTION by Council Member Nunn and SECOND by Council Member Dodd to approve Ordinance No. 0-21-14. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 21.138 C. Public Hearing and Second Reading - Ordinance No. 0-21-19 - Request for Comprehensive Plan Future Land Use Map Amendment -- Fischer's 991h Street Property (Transmittal. 0-21-19, Ex. A & B) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF IN -- INDUSTRIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF CII — COMMERCIAL/INDUSTRIAL, FOR LAND CONSISTING OF 1.47 ACRES, MORE OR LESS, KNOWN AS FISCHER 99TH STREET PROPERTY, LOCATED SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDED BY COMMERCIAL AND INDUSTRIAL LAND USES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 6:20 p.m. and the City Attorney read the title of Ordinance No. 0-21-19. The Community Development Director said this request was approved at first reading and transmitted to the Florida Department of Economic Opportunities (DEO) and relevant stakeholders who did not have any comments or issues. If approved by Council, it would become part of the City's future land use map after a 31 day waiting period. There was no public input. Mayor Hill closed the public hearing at 6:22 p.m. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Ordinance No. 0-21-19. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 27 of 129 Regular City Council Meeting February 9, 2022 Page 6 21.138 D. Quasi -Judicial Hearina and Second Reading - 0-21-20 Request for Rezoninq - Fischer's 99th Street Propertv (Transmittal. 0-21-20, Staff Report, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF IN — INDUSTRIAL WITH CURRENT ZONING DESIGNATIONS OF IL — LIGHT INDUSTRIAL FOR LAND CONSISTING OF 1.47 ACRES, MORE OR LESS, KNOWN AS FISCHER 99TH STREET PROPERTY; LOCATED SOUTH OF VICKERS GROVE MINE, WEST OF THE FEC RAILROAD, SURROUNDED BY COMMERCIAL AND INDUSTRIAL LAND USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:23 p.m. and the City Attorney read the title to Ordinance No. 0-21-20. There were no ex parte communications to disclose and the Clerk swore in those who intended to provide testimony. Mr. Dill said the requested rezoning would be the same as the property next door; it is a very small area that Dr. Fischer would like to use in conjunction with the larger tract to the north. It meets all of the requirements of the comprehensive plan and will even out the City's boundaries. The Community Development Director said the applicant is asking to change the zoning from County light industrial to the City's industrial so the use will not change from what it is today. There was no public input. Mayor Hill closed the public hearing at 6:29 p.m. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-20, Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 21.140 E. Public Hearina and Second Readinq - Ordinance No. 0-21-16 — Petition for Voluntary Annexation — 6.17 Acre Parcel, 10595 U.S. Hiahwav 1 (Transmittal. 0- 21-16, Ex. 1, Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 6.17 ACRES, MORE OR LESS, LOCATED SOUTH OF DEVELOPED PROPERTY WITHIN THE SEBASTIAN HIGHLANDS UNIT 7, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND NORTH OF VACANT LAND IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 28 of 129 Regular City Council Meeting February 9, 2022 Page 7 Mayor Hill opened the public hearing at 6:29 p.m. and the City Attorney read the title to Ordinance No. 0-21-16. The Community Development Director described the property's location and said this was a nice addition to square off the City's boundaries; it is consistent with the City's land development codes. Donna White, Schumann Drive, said the property was behind her house, and she asked what the use will be changed to. Mayor Hill said the land use would be discussed under item 10G and right now at this point in the agenda, it was being decided if the property should come into the City. Mayor Hill closed the public hearing at 6:34 p.m. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve Ordinance No. 0-21-16. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 21.140 F. Public Hearinq and Second Readinq 0-21-21- Request for Comprehensive Plan Future Land Use Map Amendment — Fischer's US Hiqhwav 1 Property (Transmittal. 0-21-21) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF GC — GENERAL COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF C/I — COMMERCIALIINDUSTRIAL, FOR LAND CONSISTING OF 6.17 ACRES, MORE OR LESS, KNOWN AS FISCHER US HWY 1 PROPERTY, LOCATED SOUTH OF COMMERCIAL USES, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND RESIDENTIAL MULTI -FAMILY, AND NORTH OF VACANT LAND; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS, - PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 6:35 p.m. and the City Attorney read the title of Ordinance No. 0-21-21. The Community Development Director said currently the property is designated Cl/Commercial Industrial which is one of the County's highest intensity designations and the applicant is requesting that it change to general commercial designation; if approved, it would be sent to DEO for review and become effective after a 31 day waiting period. Mayor Hill confirmed that the property was being changed to a lower intense use than what the County would allow. 29 of 129 Regular City Council Meeting February 9, 2022 Page 8 Ms. White asked if it could be added to property to the north to make a package and if the lower intensity would include crematories, cemeteries, or low income property. Mayor Hill offered to have the Community Development Director describe the possible uses. Mr. Dill said that Dr. Fischer does not have any plans to purchase the property to the north or south; he plans to put mini storage units on it and will berm the backside to the railroad. Mayor Hill closed the public hearing at 6:41 p.m. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Ordinance No. 0-21-21. Roll tali: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 21.140 G. Quasi -Judicial Hearina and Second Readina - 0-21-22 Reauest for Rezonina — Fischer's US Hiahwav 1 Property (Transmittal. 0-21-22, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG — COMMERCIAL GENERAL WITH CURRENT ZONING DESIGNATIONS OF CL — COMMERCIAL LIMITED FOR LAND CONSISTING OF 6.17 ACRES, MORE OR LESS, KNOWN AS FISCHER US HIGHWAY 1 PROPERTY; LOCATED SOUTH OF COMMERCIAL USES, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1 AND RESIDENTIAL MULTI -FAMILY, AND NORTH OF VACANT LAND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:42 p.m. and the City Attorney read the title of Ordinance No. 0-21-22. There were no ex parte communications to disclose and the Clerk swore in those who intended to provide testimony. Mr. Dill representing applicant, said this is a request to rezone to a less intense use. The application is consistent with the City's comp plan and development regulations and Dr. Fischer plans to build mini storage units on this property with landscaping buffering the railroad tracks. The Community Development Director said this request is compatible with the change in zoning, the comp plan and surrounding uses. She recommended approval. There was no public input. Mayor Hill closed the public hearing at 6:47 p.m. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Ordinance No. 0-21-22. 30 of 129 Regular City Council Meeting February 9, 2022 Page 9 Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 21.139 H. Public Hearinq and Second Readinq - Ordinance No. 0-21-15 - Petition for Voluntary Annexation - 19.58 Acre Parcel, 1820 Shakespeare Street (Transmittal. 0-21-05, Ex. A. Attach. A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AIN UNINCORPORATED REAL PROPERTY CONSISTING OF 19.58 ACRES, MORE OR LESS, LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND'/MILE NORTH OF CR510, SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY, IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6.48 p.m. and the City Attorney read the title to Ordinance No. 0-21-15. The Community Development Director said this was an enclave surrounded by three sides of the City, it will square off the City's boundaries and improve the level of service to the corporate limit. This is compatible with the adjacent property known as Cross Creek Lake Estates and staff recommended approval. There was no public input. Mayor Hill closed the public hearing at 6:51 p.m. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-15. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 5-0 21.139 I. Public Hearinq and Second Readinq - Ordinance No. 0-21-23- Request for Comprehensive Plan Future Land Use Map Amendment - Cross Creek Addition (Transmittal. 0-21-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF VLD - VERY LOW DENSITY FOR LAND WITH A CURRENT LAND USE DESIGNATION OF R - RURAL, FOR LAND CONSISTING OF 19.58 ACRES, MORE OR LESS, KNOWN AS CROSS CREEK ADDITION, LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND 114 MILE NORTH OF CR510, SURROUNDED BY 31 of 129 Regular City Council Meeting February 9, 2022 Page 10 RESIDENTIAL AND VACANT PROPERTY; AUTHORING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 6:51 p.m. and the City Attorney read the title to Ordinance No. 0-21-23. The Community Development Director said the requested change is to go to very low density; it has been transmitted to DEO and the stakeholders. It did not receive any comments and staff recommended approval. Pat Sandos, 722 Yearling Trail, said she would like Council to work with the developer and citizens with regard to their concerns of safety. Mayor Hill closed the public hearing at 6:56 p.m. MOTION by Vice Mayor Jones and SECOND by Council Member Nunn to approve Ordinance No. 0-21-23. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 21.139 J. Quasi -Judicial Hearina and Second Readina - 0-21-24 Reauest for Rezonina - Cross Creek Addition (Transmittal, 0-21-24, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF RS-10 - RESIDENTIAL SINGLE FAMILY WITH CURRENT ZONING DESIGNATIONS OF A-1 - AGRICULTURE 1 FOR LAND CONSISTING OF 19.58 ACRES, MORE OR LESS, KNOWN AS CROSS CREEK ADDITION; LOCATED AT THE S.E. INTERSECTION OF SHAKESPEARE STREET AND YEARLING TRAIL AND '/ MILE NORTH OF CR 510, SURROUNDED BY RESIDENTIAL AND VACANT PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 6:56 p.m. and the City Attorney read the title to Ordinance No. 0-21-24. There were no ex parte communications to disclose and the Clerk swore in those who intended to provide testimony. Mr. Dill said this application is to rezone the property from agricultural to a very low density residential classification; it's consistent with the City's comp plan and LDC and has not received any objections from DEO. It will be the last phase of Cross Creek Lake Estates. 32 of 129 Regular City Council Meeting February 9, 2022 Page 11 The Community Development Director described the property's location and reaffirmed that the request is consistent with and compatible with the existing uses in the area, with the Cross Creek Lake Estates development, and the comp plan. She said staff recommended approval. Michael Roth, 474 Memorial Avenue, said the title mentions an intersection at Yearling Trail and Shakespeare but there isn't access to an intersection at that location. Mayor Hill noted there will be a site plan review to take a look at issues such as the intersection. Donna Greco, Yearling Trail, said when she bought her house she was told the land would be a blueberry farm and it wasn't going to change. She also wanted to note there is a lot of wildlife in that area. She said Yearling Trail and Shakespeare Street run parallel and she is in opposition to moving the fence that's currently there because it's not what they expected to happen. She said she agreed with Ms. Sandos that the current property isn't being taken care cf. She asked if the new property would be taken care of or would it also have cracked sidewalks and trees that need trimmed. Steve Hitt, 498 Lanfair Avenue said he opposed the density classification of RS10; he would prefer RE-40 at unit per acre. Mayor Hill closed the public hearing at 7:09 p.m. Mr. Dill said there is a property management company that is responsible for the routine maintenance but Dr. Fischer does plan to get involved with the management company to repair some of the sidewalks and sprucing up some of the trees since these concerns were also brought up at the first reading. In regard to the concern regarding the intersection, the Community Development Director said one definition of an intersection is where two streets intersect but it is also defined as where two points meet up which is where this reference in the ordinance title comes from. She also explained that in RS10 zoning, the 10 indicates the minimum lot size is 10,000 feet. Under the VLD land use there could be up to three units per acre if there were no other regulations needed for open space, roads, and drainage. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-24. Council Member McPartlan asked if there was time frame for the maintenance improvements. Mr. Dill responded that normally maintenance doesn't take long to do and they expect to have these concerns taken care before they come back in with a subdivision proposal in 60 days. Council Member Dodd explained the subdivision is not maintained by City and if the property owners have an issue with the property management company that is a civil issue between the association and the property owner. He said there will be a lot of 33 of 129 Regular City Council Meeting February 9, 2022 Page 12 things that will come up in the site plan such as the second exit, the emergency exit which will impact how the site plan is viewed and that would be the time for the residents to come in. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 21,141 K. Public Hearina and Second Readina - Ordinance 0-21-17 — Petition for Voluntary Annexation — 22.00 Acre Parcel, 9757 and 9825 U.S. Hiahwav 1 (Transmittal, Ex. 1. Attachment A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR A CONTIGUOUS AND COMPACT AREA OF AN UNINCORPORATED REAL PROPERTY CONSISTING OF 22.00 ACRES, MORE OR LESS, LOCATED SOUTH OF 99TH STREET AND COMMERCIAL DEVELOPMENT, WEST OF US HWY 1, EAST OF THE FEC RAILROAD, AND NORTH OF VACANT PROPERTY IN THE CITY OF SEBASTIAN IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR PROPOSED LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 7:23 p.m. and the City Attorney read the title to Ordinance No. 0-21-17. The Community Development Director said this property was bound by US Hwy 1 on the east and the FEC Railroad on the west; it is a good straightening of the City's border and favorably impacts the level of service. Staff recommended approval. Donna White asked if this property was adjacent to Dr. Fischer's other property. Mayor HIII said it was not, it was almost by Barber Street. Mayor Hill closed the public hearing at 7:27 p.m. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve Ordinance No, 0-21-17. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 21.141 L. Public Hearina and Second Readina - Ordinance No. 0-21-25- Reauest for Comprehensive Plan Future Land Use Map Amendment — Soundview at Sebastian (Transmittal, 0-21-25) 34 of 129 Regular City Council Meeting February 9, 2022 Page 13 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF MU — MIXED USE FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF CII — COMMERCIAL/INDUSTRIAL (22.00 ACRES) AND CITY LAND USE DESIGNATION OF CG-COMMERCIAL GENERAL (7.57 ACRES) FOR LAND CONSISTING OF 29.57 ACRES, MORE OR LESS, KNOWN AS SOUNDVIEW AT SEBASTIAN; LOCATED SOUTH OF COMMERCIAL/INDUSTRIAL LAND, EAST OF THE FEC RAILROAD, WEST OF US HIGHWAY 1, AND NORTH OF COMMERCIAL LAND USE, AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Mayor Hill opened the public hearing at 7:29 p.m. and the City Attorney read the title to Ordinance No. 0-21-25. The Community Development Director stated this property is 29 acres more or less. What was annexed in was 22 acres which was formerly in the County but 10 of those 22 acres already existed in the City. They are now requesting that the land use for the entire 29 acres be converted from commercial industrial to mixed use land use. In the future they will submit a request for PUD-R zoning. The plan for this property is for a mixed use development of multifamily commercial out parcels. There was no public input. Mayor Hill closed the public hearing. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-25. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 21.173 M. Public Hearina and Second Readinq - Ordinance No. 0-21-26- Request for Comprehensive Plan Future Land Use MaD Amendment — Marine Resources Council Pronertv (Transmittal, 0-21-26) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CON -CONSERVATION FOR LAND WITH A CURRENT LAND USE DESIGNATION OF LDR (LOW DENSITY RESIDENTIAL, 5 UNITS PER ACRE), FOR LAND CONSISTING OF 7.88 ACRES, MORE OR LESS, KNOWN AS MARINE RESOURCES COUNCIL CONSERVATION PROPERTY, LOCATED EAST OF RESIDENTIAL PROPERTY, SOUTH AND WEST OF THE ST. SEBASTIAN RIVER AND CONSERVATION PROPERTY, AND NORTH OF VACANT AGRICULTURAL LAND; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. 35 of 129 Regular City Council Meeting February 9, 2022 Page 14 Mayor Hill opened the public hearing at 7:31 p.m. and the City Attorney read the title to Ordinance No. 0-21-26. The Community Development Director said this property was currently being used as an environmental education center; the Marine Resources Council purchased it with a Florida Communities Trust (FCT) grant and it was set aside for conservation purposes so in accordance with the grant they are required to make the land use and zoning compatible with conservation. There was no public input. Mayor Hill closed the public hearing. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Ordinance No. 0-21-26. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 5-0 21.173 N. Quasi -Judicial Hearinq and Second Readinq - 0-21-27 Request for Rezoninq - Marine Resources Council Property (Transmittal. 0-21-27, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF C - CONSERVATION WITH CURRENT ZONING DESIGNATIONS OF RS-10 - RESIDENTIAL SINGLE FAMILY FOR LAND CONSISTING OF 7.88 ACRES, MORE OR LESS, KNOWN AS MARINE RESOURCES CONSERVATION PROPERTY, LOCATED EAST OF RESIDENTIAL PROPERTY, SOUTH AND WEST OF THE ST. SEBASTIAN RIVER AND CONSERVATION PROPERTY, AND NORTH OF VACANT AGRICULTURAL LAND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hill opened the public hearing at 7:35 p.m. and the City Attorney read the title to Ordinance No. 0-21-27. There were no ex parte communications to disclose and the Clerk swore in those who intended to provide testimony. The Community Development Director stated the request is to rezone the property from RS-10 residential single family to conservation use to be in conformance with the FCT grant requirements. Staff recommended approval. There was no public input. Mayor Hill closed the public hearing at 7:38 p.m. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Ordinance No. 0-21-27. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye 36 of 129 Regular City Council Meeting February 9, 2022 Page 15 Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 21.027 A. Award the Ahrens Companies, Inc. as the Design -Build Firm to Design -Build Office Improvements inside Hangar 'C' at the Sebastian Municipal Airport and Authorize the Citv Manaaer to Neaotiate a Work Services Aareement with a Guaranteed Maximum Price for Council Approval (Transmittal, Bid Tab, R-10-28) The City Manager said the City accepted a grant from FDOT to construct additional office space in Hangar C. The Purchasing Manager put out an RFQ to which the City received one proposal from the Ahrens Company who is also doing Hangar D, and the original constructor of Hangar C. Staff requested approval and to authorize the City Manager to negotiate a maximum price to bring back to Council. MOTION by Vice Mayor Jones and SECOND by Council Member McPartlan to authorize negotiations for a work services agreement with the Ahrens Companies to design -build office space inside Hangar C. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager reported that the FPL undergrounding was going well. He also reported that from now until the end of March, Council will see the railroad intersections closed for new gate and signal installation beginning with the Roseland Road intersection. He asked the public to be patient as Brightline installs the safety improvements. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mavor Jones Vice Mayor Jones said he has spent the last several days in Tallahassee with the Treasure Coast Delegation advocating for cities' rights with the senators and representatives. He said that he believed they had a lot of effective conversations but they won't know until the end of day when they vote. 37 of 129 Regular City Council Meeting February 9, 2022 Page 16 B. Council Member McPartlan Council Member McPartlan said he received emails about the pickleball courts. He said he was sure the Leisure Services Director had things under control but if the players can't get along he suggested shutting the courts down for a week. He asked the players to get along. He also said a week ago Monday he assisted with the Treasure Coast Homeless Services Council "Point in Time" count where he counted 17 homeless people in the Sebastian area. He noted that not all homeless people are on drugs or drunks, some people can become homeless just by missing one day of work. He said the fears regarding Dignity Village are just fears. He said he has been in touch with the County Administrator and Community Development Director who will be watching the Dignity Village project very closely. C. Council Member Nunn Council Member Nunn read a communication sent to him from Jodi Shirley complementing Sebastian Crossing Guard Tina loffredo who recently had children waiting to cross the road running in place to stay warm during the recent cold spell. He applauded Ms. loffredo for giving all of her heart in everything she does. He said he's heard many rumors recently about Dignity Village, a planned small affordable housing complex, so he decided to meet with Anthony, the Director of the Source, to get some answers. The property is not in the City limits but sits just outside of it. During the tour of the facility, Anthony said Dignity Village is not going to be a homeless camp or transitional housing camp. The property is being cleaned up and new appliances are being put in. The rent will be about $500-600 a month and there won't be a requirement to leave in six months. Council Member Nunn asked everyone to have a little more care in their hearts. He invited anyone who is interested in finding out what this is really about to contact Anthony, he would be happy to give them a tour. D. Council Member Dodd Council Member Dodd kidded with the City Manager asking him to provide Council with more exciting topics on the agenda. E. Mayor Hill Mayor Hill said the Hangar C construction was exciting and while the agenda items weren't too exciting, they were legally required to get through. In regard to pickleball, he asked the City Manager if there are rules that people aren't following and the City Manager said no, that was not the case. 38 of 129 Regular City Council Meeting February 9, 2022 Page 17 19. Being no further business, Mayor Hill adjourned the regular City Council meeting at 7:513 p.m. Approved at the February 23, 2022 Regular City Council Meeting Mayor Jim Hill ATTEST: Jeanette Williams, City Clerk 39 of 129 'IR c*� SETIAN, HOME OF PELICAN 151_AND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 23 February 2022 Agenda Item Title: Re: Matthew T. Hall v. City of Sebastian, Case No. 31-2022-AP- 000001 (Circuit Court -Appellate Division, Indian River County). Recommendation: Approve Request to Hire Outside Counsel 1AW City Code Section 2-10 (d) (4) Exemptions. Backuround: The City of Sebastian received an Acknowledgment of New Case o/a January 12, 2022 from the Nineteenth Judicial Circuit Court — Appellate Division. As of this date, the City of Sebastian has not been served. However, IAW 2-10 (d) (4), all "professional and personal service contracts including but not limited to attorney services... shall be approved by the city council if in excess of $15,000.00." Thus, in lieu of being served, the anticipated cost to defend which may exceed $15,000.00 and in order to begin preparing to defend, The City Attorney's Office is requesting that the City Council approve the hiring of Roberts, Reynolds, Bedard & Tuzzio, PLLC and specifically, Andrea G. Amigo, Esq. and authorizing the City Manager to execute the appropriate documents for Professional Legal Services. If A-enda Item Reauires Expenditure of Funds: $0 Attachments: 1. Acknowledgment of New Case 2. City Code Section 2-10 (d) (4) Administrative Services Department evi City Attorney Review: _ Procurement Division Revi�4v, W applica e: City Manager11,71d,2 Authorization Date: J 40 of 129 rI2E17 TD Co 111?pa� U),,TYcLFoficc T JE"E'V R Sa1R QRK Or 7.14E ltvoH l,w / R CpV R�URT 2ppa q 16 DMS/ON �', FLORIDA th (772) P � � 1 os 312p 32ft JWq rrH,,W r ACKN�w�DG�yEMrOF NEW GA VS. • HALL SF LOW p AST/AN Cl �` �" CavRT TApp,E`�� ENO` �encips I CASE NO. IN ed O's pp /�+IC� a OAy C% f 31,20 '22A P'0 0 o nta�ns Fnf4Ce, to A the /Vinetee °°rt 'ce if YOU h"aytion benneys P nth ✓�,d"Cia Cir T any �vesQIQ 10 yo/ease vie C 04 P� /R /T APp Sp0 not,, e,Si tead the np C pe/fat P�. EAC/NOS AN ELATE C to to conta� as it EAp//VG CO CA Alt Qvr C'j40Nt T Ap pERTA/k SpONOE� tact 41UST CASE pFLLATE G Tp THE E F/l�D /N ,BE D PL ER OR OTHSE Nlt�yjBE�pPiL MSS H/S CAOSEONALL F SE NpTE T ENT/Ty CA ANO �T T BE FiL�a ANr b WA rNE E,PA�. pL�OI sE NV��E�yE LawER cN TkE ORTAL. NGS IN THE A DUI�T PpE�LA TE C ASE CAN DE 11] 41 Of 129 I hereby certify that a true and correct copy of the foregoing has been e-mailed to the appellant's counsel, D. Johnathan Rhodeback, Esquire, 1565 US Highway 1, Sebastian, Florida 32958, Attornevs(cbdillevans.com, Jodee(a7dillevans.com via e-mail, to appellee, City of Sebastian, 1225 Main Street, Sebastian, Florida 32958 via U.S. Mail and to the Staff Attorney for the Nineteenth Judicial Circuit -Appellate Division via e-mail this 11th day of January, 2022. /s/ Samantha Lounds Deputy Clerk -Appellate Division Post Office Box 1028 Vero Beach, Florida 32961-1028 (772) 226-3120 SLoundsOcierk.indian-river.ora (2) 42 of 129 APPENDIX A NINETEENTH JUDICIAL CIRCUIT -- APPELLATE DIVISION NOTICE TO ATTORNEYS & PARTIES RE: Nineteenth Judicial Circuit Appellate Division Procedures The following rules of the Nineteenth Judicial Circuit Court should be followed by all attorneys and parties filing notices of appeal and petitions for writ of certiorari in this division, which includes appeals from noncriminal infractions, appeals from local administrative action, and petitions for writ of certiorari. PLEASE READ THESE RULES TO ENSURE YOUR CASE WILL PROCEED IN A TIMELY FASHION AND TO AVOID DISMISSAL OF YOUR CASE FOR FAILURE TO FOLLOW THESE RULES. A. Auoeals Listpd under Section I(A) of this Administrative Order 1. A notice of appeal shall be filed with payment of the appropriate filing fees. For appeals of local government decisions, the notice of appeal must also be filed with the local government's clerk. 2. Persons seeking indigent status must fife a sign.pd application for determination of indigent status with the appeals clerk. 3. The notice of appeal and all other documents must be served on all parties or their attorneys. 4. The full name of the lower tribunal who entered the order or judgment being appealed and the date of rendition of the order must be indicated on the notice of appeal. See Fla. R. App. P. 9.900(a) for the form. 5. The Appellant must file with the notice of appeal a copy of (1) the final orderfJudgment/order of final administrative action being appealed AND (2) any subsequent order on a motion for retrial or rehearing, or in the case of final administrative action, an administrative order reviewing the action being appealed, if applicable. 6. It is the Appellant's respon.5ibility to ensure that the record is transmitted in the form of an appendix. The electronic format of the appendix must comply with Fla. R. App. P. 9.220(c), and the electronic filing of the appendix must comply with the appeals cierk's policy listed on the E Portal home page, which involves serving the appeals derk with the appendix to preserve the electronic formatting. 43 of 129 7. Please advise the Court in writing as soon as possible of any other cases pending before this Court involving related issues of which you have personal knowledge. B. Petitions for Writ of Certiorari (appeals of non -final orders, zoning and land use appeals, and other quasi-judicial local govemment action addressed in Section I(B) of this Administrative Order) 1. A petition and appendix shall be filed together with payment of the appropriate filing fee within thirty days of the date of the order for which review is sought. 2. Persons seeking indigent status must file a signed application for determination of indigent status with the Appeal Cleric. 3. The petition, appendix, and all other filings shall be served on all parties or their attorneys and shall contain a certificate of service. 4. The Petitioner must include in the appendix a copy of (1) the final order/order of final administrative action being appealed AND (2) any subsequent order on a motion for retrial or rehearing, or in the case of final administrative action, an administrative order reviewing the action being appealed, if applicable. It is the Petitioner's responsibility to ensure that the local government clerk transmits the documents that form the record to the Petifioner to be filed as an appendix to the petition for writ of certiorari. The electronic format of the appendix must comply with Fla. R. App. P. 9.220(c), and the electronic filing of the appendix must comply with the appeals clerk's policy listed on the Electronic Portal home page, which involves serving the appeals clerk with the appendix to preserve the electronic formatting. 5. Please advise the Court in writing as soon as possible of any other cases pending before this Court involving related issues of which you have personal knowledge. C. Petitions for Writ of Certiorari Directed to the Department of Highwav Safetv and Motor Vehicles I"DHSMV" 1 1. It is the policy of this Court to expedite petitions for writ of certiorari to review administrative action by the Department of Highway Safety and Motor Vehicles. 2. Petitioners should follow the requirements set forth above ir. Section B. 3. The Petitioner must include in the appendix a copy of the transcript of the DHSMV proceeding. 4. If the Appellate Administrative Judge determines that the petition complies with the rules of appellate procedure, the Appellate Administrative Judge will issue an 44 of 129 order to show cause granting the espondent 30 days in which to file a response to the petition and granting the etitioner 30 days after the response in which to file a reply to the response. Extensions of time in which to file a response or a reply may be granted only by stipulation of the parties or upon good cause shown. D. Motions 1. Copies of any record material necessary for resolution of the motion should be attached to the motion as an appendix. See Fla. R. App. P. 9.300(a) for required content of and procedure for motions. 2. Motions shall contain a certificate of service showing service on all parties or their attorneys. Motions must also contain express representations (except on motions where it would be clearly inappropriate) that opposing counsel has been contacted and will or will not stipulate to the relief requested. 3. Responses to motions shall be promptly filed within 15 days of service of the motion. Failure to file a response within 15 days will result in the motion being decided without consideration of any response. No reply to the response will be considered unless specifically authorized by this Court. 4. !n motions for extensions of tinme, attomeys and parties must establish a realistic target date for filing of a particular brief (for example, 30 days). A first request for an extension of time to file a brief will ordinarily be given favorable consideration if reasonable and not objected to by the opposing side. 5. Excessive and unnecessary motion practice is discouraged and may result in the imposition of sanctions under Fla. R. App. P. 9.410, See Dubowitz v. Century Village East., Inc., 381 So. 2d 252 (Fla. 411' DCA 1979). E. Briefs 1. All briefs shall be filed with the appeals clerk via the Electronic Portal. See Fla. R. App. P. 9.210 for required contents of and procedure for briefs. 2. An initial brief must be filed within 70 days of filing the Notice of Appeal. Your appeal may be dismissed if you fail to file an initial brief. 3. An answer brief must be served within 30 days of service of the initial brief, and any reply brief must be served within 30 days of the answer brief. 4. All briefs shad! include a certificate of service showing service of the brief on the opposing parties or their attorneys. 5. A parry's brief should contain all relevant authority published prior to submission of the brief. A notice of supplemental authority should cite only to newly discovered 45 of 129 cases (copy of the opinion should be attached to the notice) with a clear designation of the point on appeal to which the authority is pertinent. Argument is not permitted in the notice of supplemental authority. F. Oral Araument 1. A request for oral argument must be filed as a separate document no later than 15 days after the last brief is due to be served. If granted, oral argument will generally be limited to ten minutes per side. If there are multiple parties on a side, then the parties must determine amongst themselves how to split the ten minutes. 2. A notice containing information about where the oral argument will be held will be served two weeks prior to the oral argument date. Oral argument may be held at the Indian River, St. Lucie, or Martin County courthouses. Your oral argument will not necessarily be held in the county where you filed your case. 3. Notices of unavailability are unauthorized and will not be considered. Requests for continuances of oral argument must be based on either a substantial commitment preexisting the receipt of the order granting request for oral argument or an emergency situation. Motions for continuance must be filed no later than 72 hours before the oral argument and will not be granted except on a showing of extreme extenuating circumstances. 4. Cases without oral argument are subject to the same review, analysis, and consideration by the presiding.judge as cases that are orally argued. The parties Will receive a copy of an opinio-i as soon as one is rendered by the Court. G. Other information 1. Pro se parties are strongly encouraged to file a notice of primary email address with the Appeal Clerk. When possible, the Court will transmit copies of orders and opinions electronically via the E-portal 2. If you do not have an email address, you must keep your mailing address current with the Appeal Clerk. To ensure you receive copies of all motions, orders, and opinions, you must file a notice of change of address when you move. It is not the Court's responsibility to track down your new address. 3. Requests for the status of the matter pending before the Court should be directed to the Appeals Clerk at the clerk's office in the county where your case is pending. Please be advised that the Appeals Clerk can only tell you what has or has not been filed into the appeal case file. Do not ask the appeals clerk legal questions, as he/she is not trained or licensed to give legal advice. ReNsed October 2020 46 of 129 Sec. 2-10. Procurement of goods and services. (a) Applicability. Except as specifically set forth herein, all procurements for goods and services forthe city shall fall under the ultimate responsibility of the charter officer utilizing the goods or services (hereinafter called the "purchasing officer"), and shall be effected in accordance with this section. (b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and supplies unless otherwise exempt under this section is subject to competitive bid procedures as follows: (1) Up to $2500.00—Purchasing officer or their designee may authorize purchase. (2) $2500.01 to $5,000.00—Two or more verbal quotes where practical; purchasing officer or designee may authorize purchase. (3) $5,000.01 to $15,000.00—Three or more written quotes; purchasing officer or designee may authorize purchase. (4) $15,000.01 to $25,000.00—Three or more written quotes; city council authorization required. (5) Over $25,000.00—Formal sealed bids and city council authorization required. (c) Exceptions to thresholds. (1) Joint bid: The purchasing officer shall have the authority to cooperate with other local governments or other public entities in the development and use of mutually cooperative procurement contracts or master agreements. Such contracts shall require council approval. (2) Piggyback: The purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section. The purchasing officer shall have the authority to procure goods and services if the purchase is with a person, firm, organization, or corporation whose offer to sell to the city is at sale price for that commodity equal to or lower than the existing piggyback price for the same or equal commodity being sought. All such purchases over $15,000.00 shall continue to require council approval. (3) Sole source. A contract may be awarded for goods or services without competitive bids when the purchasing officer determines in writing that there is only one practical source for the required item. Approval shall be in accordance with the dollar threshold established by this section. (4) Emergency purchase. Where the purchasing officer finds it to be in the best interest of the city, they may declare the existence of an emergency procurement condition and suspend any or all provisions of this section. Spending authority under this provision shall not exceed $25,000.00, however, if a state of emergency covering the city has been declared the limit shall be raised to $50,000.00. All emergency purchases over $15,000.00 shall be reported to council as soon as practicai. As used in this section, the term "emergency" means a sudden unexpected turn of events that causes: a. An immediate danger to the public health or safety; b. An immediate danger of loss of public or private property; C. An interruption in the delivery of an essential governmental service; or d. An interruption in the normal function and operation of any city department that wouid result in a work stoppage or other substantial monetary loss. (Supp. No. 67) Created: 2022-01-26 M 54:40 [EST] Page 1 of 2 47 of 129 (5) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $15,000.00 must have the prior approval of the city council. (6) Contract renewals. Any contract containing a provision for renewal may be renewed in accordance with its terms. Authorization for approval shall be in accordance with the dollar threshold established by this section. (d) Exemptions to applicability. This section shall not apply to: (1) Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovernmental services. (2) Purchases of advertising, works of art for public display, medically related professional services, employee benefit related purchases, water, utility services, postage, shows/displays/cultural events sponsored by the city. (3) Purchase of real property. (4) Professional and personal service contracts including but not limited to attorney services, appraisers and expert witnesses services, which shall be approved by the city council if in excess of $15,000.00. (5) Procurement of goods and services when the same is governed by a mandatory procedure established by statute. (6) Franchise, sponsorship or joint enterprise agreements. (7) Any situation where compliance with this code will place the city in conflict with mandatory provisions of state law, federal law or the terms of any grant. (e) Prohibitions. No contract or purchase shall: (1) Be purposely subdivided to circumvent any requirements of this section. (2) Be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year, nor shall any expense of a special fund exceed the amount of money available to that fund. (f) Waiver. City council may waive or modify the bidding requirements for good cause. (Ord. No. 0-06-01, § 1, 2-22-06) (supp. No.67) Created: 2022-01-29 08:54;40 [EST] Page 2 of 2 48 of 129 Cm OF SEAT-" ;;M&;;; HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 23, 2022 Agenda Item Title: Resolution R-21-30, Parking -In -Lieu Purchase Program for 1201 Indian River Drive (Apartments/commercial site at corner of Washington Street and Indian River Drive, by Vie's Pizza) Recommendation: Upon approval of the variance, approve Resolution R-21-30, and authorize, the City Manager to execute the Agreement attached and identified as "Attachment A" Backqround: In 1999, a site plan was approved for a renovation to the building located on the subject property at 1201 Indian River Drive. Additional parking was necessary, but at that time, the Parking -in -Lieu Purchase Program had not yet been established. The property owner also owned commercial property located at 1208 U.S. Highway #1 (Brick building and satellite repair business), which had extra parking, so the two sites were combined. Presently, the property at 1208 U.S. ##1 now has a different owner, and the two properties have become separate sites again. This disconnection requires the subject property to address its parking deficiency. AMH Investments, Inc., owner of the subject property, has provided a revised parking plan which will incoriporate an additional parking space onto its site (now 5 spaces), and is requesting to purchase the remaining four required 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 4 spaces will be $12,800, and the Owner has offered to pay cash for all four spaces. If approved, the agreement will be executed and brought to the Clerk of Court for recordation. If Aqenda Item Requires Exoenditure of Funds: Budgeted Amount: Total Cost: NIA Funds to Be Utilized for Appropriation: Attachments: 1. Resolution R-21-30 including Attachment A 3. LDC Section 54-3-15.4(a)(5) 2. Request email from Owner Administrative Services=Depat Revi L� City Attorney Review: Procurement Division Review, lapplicaw� City Manager Authorization: Date: - - f 49 of 129 RESOLUTION NO. R-21-30 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION FOR PROPERTY OWNER AMH INVESTMENTS, INC. IN THE PARKING -IN -LIEU PURCHASE PROGRAM AND COVENANT RUNNING WITH THE LAND, FOR PROPERTY LOCATED AT 1201 INDIAN RIVER DRIVE, 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, AMH Investments, Inc. wishes to participate in the Parking -In -Lieu Purchase Program and purchase four (4) parking spaces for property located at 1201 Indian River Drive; 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 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 designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 50 of 129 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 Jim Hill Vice -Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartian Council Member Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of February, 2022 CITY OF SEBASTIAN, FLORIDA Mayor Jim Hill 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 51 of 129 ATTACHMENT A PARKING -IN -LIEU PURCHASE PROGRAM 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 AMH Investments, Inc., as "Owner", of the property located at 1201 Indian River Drive, Sebastian, Florida, and described in Exhibit A. 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 recently approved site plan for the subject property, which separates the property from a joint site plan with 1208 U.S. Highway #1 approved in 1999 and now establishes an unconnected plan, requires 9 parking spaces (after two parking exemptions granted for an historical structure, per Land Development Code Section 54-3-15.4(c)), and. provides 5 on site; and WHEREAS, the Owner has decided to participate in the Parking -In -Lieu Purchase: Program and purchase four (4) 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 four (4) additional public parking spaces for the benefit of the development of their property located at 1201 Indian River Drive. 2. FEE. The fee for 4 parking spaces at $3,200 per space, as established by Resolution R-10- 35, totals twelve thousand eight hundred dollars ($12,800.00). 3. PAYMENT. The City is in receipt of $12,800.00 cash received from the Owner as payment of the fee. 4. 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. 52 of 129 5. NON-EXCLUSIVE USE AND OWNERSHIP. The parking spaces are for the non- exclusive use by the Owner, and the City shall retain fee ownership of the public parking; spaces. 6. LIMITS OF USE. This Agreement confers no rights upon the Owner to place any, advertisement, notices or signage. The City expressly retains all such rights. The Owner shall. make no use of the parking spaces except as specifically authorized in this Agreement. 7. 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. 8. 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 "Owner": AMH Investirnents, Inc. City of Sebastian 1831 Sandalwood Road East 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. 9. REMEDIES. This Agreement provides the Owner with the necessary parking spaces required by the Code of the City of Sebastian only during such time as the Owner is 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. 10. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 11. RECORDING. The City shall be responsible for recording this Agreement in the Official Records of Indian River County and the Owner shall pay all recording fees. A copy of the recorded Agreement shall be provided to the Owner by the City within fifteen (15) business days after recording. 12. EFFECTIVE DATE. This Agreement shall be effective upon the execution of the last: party to sign. 2 53 of 129 CITY OF SEBASTUN, FLOREDA: By: Paul Carlisle, City Manager STATE OF FLORIDA COUNTY OF IMIAN RIVER t r The foregoing instrument was acknowledged before me this Carlisle, who is personally known to me. SEAL Date: day of NOTARY PUBLIC s Print Name: Commission No. f Expiration: r r bert J. STATE OF FLORIDA �AGN161eItt cents, Inc. L�LaN I 10021111MI Date: L , 2022, by Paul The foregoing instrwnent was acknowledged before me this day of �/ , 2022, by Roberti. Bruno, who is personally known to me or produced (identi c ), wpm Wilet PIer-Noel Notary Public State of Florida y„ MY Corn MIssion Expires 06/06/2023 Commission No. (30 342495 4 54 of 129 EXHIBIT A Indian River County Tax Parcel: 31-39-06-00000-0050-00007.0 Legal Description: COMMMENCE AT NW COR OF GOV LOT 5, RUN SLY ALONG W BDRY 382.06 FT TO S R/W LINE OF MAIN ST; WHICH HAS 80 FT R/W; RUN N 83 DEG 25 MIN 31 SEC E 179 FT TO IRON PIPE AT SE COR OF NEW US #1 HWY & MAIN ST; RUN ALONG NE E R/W OF NEW US #1 HWY S 17 DEG 29 MIN 29 SEC E 395.90 FT TO AN IRON PIPE; N 73 DEG 08 MIN 31 SEC E 205.00 FT TO A CONCRETE MONUMENT FOR POB: RUN S 17 DEG 29 MIN 29 SEC E 120.00 FT TO CONCRETE MONUMENT ON N R/W LINE OF WASH PL; ALONG N R/W LINE OF WASH PL N 73 DEG 08 MIN 31 SEC E 66.70 FT TO CONCRETE MONUMENT AT COR OF WASH PL & OLD US #1 HWY; ALONG W R/W LINE OF OLD US #1 HWY N 25 DEG 29 MIN 29 SEC W 121.48 FT TO CONCRETE MONUMENT; RUN S 73 DEG 08 MIN 31 SEC W 49.70 FT TO POB AS R BK 55 PP 113 55 of 129 Dorri Bosworth Subject: FW: Greason-Bruno Parking -in -Lieu City Council Update From: iulietbruno(c-obellsouth.net fmailto:iuIietbruno(a)bellsouth.net) Sent: Thursday, February 3, 2022 11:49 AM To: Dorri Bosworth Subject: RE: Greason-Bruno Parking -in -Lieu City Council Update Morning Dorri, We have decided to pay in full as opposed to a finance agreement. Please advise if I should submit payment now or later. Thanks, Juliet This email has been scarmed for spat. and viruses by Proofpoint Essentials. Click here to report this email as spam. 56 of 129 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. 57 of 129 Mcf SEBASTKN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February 23, 2022 AGENDA ITEM TITLE: Resolution Accepting the 151 Quarter Financial Report and Recognizing Necessary Amendments and Adjustments to the FY 2021-2022 Annual Budget. RECOMMENDATION: Move to approve Resolution R-22-08. 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 City Council was already given for adjustments using Reserves for the Employee Compensation Study; Replacing a Wheeled End Loader; 4% Instead of 3% Pay Adjustments; Installing Airport Security Cameras; and Matching Funds to Provide Sewer to the West Side of the Airport. The original Budget Resolution also allowed the City Manager to carry forward budget amounts to cover orders that were not delivered before year end and to re -appropriate funding for projects approved in prior years. Formal approval by City Council is needed for the Unexpected Repairs to the Main Street Boat Ramp Lift Station that was funded by the General Fund Renewal and Replacement Reserve. In accordance with the authority given by the Annual Budget Resolution, the City Manager approved other budget transfers between accounts within Departments and authorized adjustments that were necessary to implement programs, projects and expenditures that were previously 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, as well as adjustments to closeout certain capital projects. 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-22-08 and Attachment "A" 2. 1" Quarter Financial Report, including Capital Project Status, Investments/Loans and Accomplishments Administrative Services Departm n eview- City Attorney Review: _ v Procurement Division Review, if plica,TiPI City Manager Authorization, � l Date:;'! 58 of 129 RESOLUTION NO. R-22-08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RECOGNIZING CERTAIN ADJUSTMENTS TO THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an analysis of the revenues and expenditures for the three (3) months that ended on December 31, 2021 indicated one budget adjustment requiring formal approval by the City Council; and WHEREAS, the City Council and City Manager previously approved any other necessary amendments and adjustments and these should be reported 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, 2021 and ending September 30, 2022 has been amended and adjusted as necessary within the quarter ending December 32, 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 vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn and, upon being put to a vote, the The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of February 2022. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Jim Hill Approved as to form and legality for the reliance by the City of Sebastian only: Manny Anon City Attorney 59 of 129 EXHIBIT "A" OF RESOLUTION R-22-08 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED December 31, 2021 ADJUSTMENTS PREVIOUSLY APPROVED BY CITY COUNCIL: Budget Before Budget Budget After Project/Account Change Adjustment Change Professional Services $10,000 $22,500 _ $32,500 Appropriated from Genaral Fund Reserves $0 ($2 ----P) ....... ($22 500) Vehicles & Equipment _ $0 $203,306 $203,306 Appropriated_f--- DST Reserves _____________ ($2,$fi0,825) _______($203,306) __ ($3:064,131) Salaries & Benefits Accounts $12,706,254 $99,824 $12,806,078 ADDroDrlated from General Fund Reserves ($22.500) (78.083) ($100.582) Appropriated from Stormwater Resery ... .. .($154,703)_.._---..._..... (5,972} ($16D 675} es Appropriated from Goff Course Reserves$18 709)-._-.-_.... (8,842} ($27,551) Appropriated from Airport Reserves--- - — ...... $0 Appropriated from Building Reserves ($164 176) ($6 064) ($170240) Reason for Adjustment 09/08/21 Approved Employee Compensation Study. 10/13/21 Approved using DST Reserves to replace_a_Wheeled_End Loader_ ---- - - ------------- 10/13/21 Approved PEA and PBA Collective Bargaining Unit pay adjustments from 3% to 4% and also funding the same for other City employees. ------------------------------------------ '------------- -------- ' ---------------------------------------------- Vehicles & Equipment $0 $24,000 $24,000 09/22/21 Approved using Airport Reserves FDOT Grant $0-- „ ($19,200) ($1 %200) to match grant for buying and install Appropriated from Airport Reserves ($864) ______-__ ($4,800)_________($5,664) Security Cameras for unmonitored areas_ Accounts with Items Not Received $0 $182,009 $182 009 09/29/21 Budget Resolution authorized - .-. _.. -- -.... Appropriated from General Fund Reserves ($100 5821 ($38 822) ($139 404_) City Manager to adjust accounts to Appropriated from DST Reserves 151} ($3 071 282) implement work previously approved by Appropriated from Stormwater Reserves ($160,675) ($136,036) ($296,711) City Council. Items were obligated but not received. -- ---i66fdn----------------------------------------------------------- --- ------------ ---- --- -------------- --------------------- Infrastructure $0 $1,013,984 $1,013,984 10/27/21 Approved award of SJRWMD and FDOT Grant $0 ($527,823) ($527,8231 FDOT Grant to provide for gravity sewer SJRWMD Grant $0 ($256,144) ($256,144) services instead of lift stations on the west Appropriation_ from_ DST Reserves -------------- ($_ ,071,2821 ....... ($230,017) ($3,301,299) side of the -Airport - Transfers to Profect Funds $ $5,236 487 $9 907,274 09/29/21 Budget Resolution authorized ......... .... ...... Ap ro rioted from General Fund Reserves —($139 404) ($318,671) ($458,075) City Manager to adjust accounts to Appropriated from Gas Tax Fund Reserves $0 ($12,724) $12,724) implement work previously approved by Appropriated from DST Reserves ($3,301.299) ($3 964 796) _ ($7,266,095) City Council. These transfers had been Appropriated from CRA Reserves ...W ($123,40fi} ($135 310} ($229 716) approved in various prior budget years but Appropriated firom Rec.Impact Reserves 802} ($186,802} have to be reappropriated from each Appropriated from Stormwater Reserves ($296 711) ($679 479) ($976,190) Fund's Reserves to properly account for Appropriated from Airport Reserves ($5,664) ($32,705) ($38,369) them in FY2022. ADJUSTMENTS BEING SUBMITTED FOR CITY COUNCIL APPROVAL: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment R&M — Buildings— $50,088 $4,820 $54,908 Uses R&R Reserve for Unexpected repairs Appropriated from R&R Account ($458,075) ($4,820 ($462,895) to Main Street Boat Ramp Lift Station, ADJUSTMENTS PREVIOUSLY AUTHORIZED BY THE CITY MANAGER: Budget Before Budget Budget After Project/Account Change Adjustment Change Reason for Adjustment VariousSalariesAccounts $8,397,039 $32,050 $8,429,089 Adjustment to salary accounts to properly — Additional Compensation --_ _______t361050 _ ($32,050)________ $4,050 allocate the Holiday Bonus for employees. Appropriated from DST Reserves _ _ �($7,266,09, — $3,775 -- $7,262,32-- -- Adjustment to close the project to replace Vehicles & Equipment __________ - ___ ______$65,000 ___S$3,775} $61,225 ----------------- the Construction- Specialist Truck. ------------------- -- ------------------- Infrastructure $12,500,000 $10,500,000 $23,000,000 Adjustment to correct amount set up for a FEMA Grant Appropriated from DST Reserves 11,000,000 $11,000,D00 $22,D00,000) FEMA Grant for Canal improvements to the $7,262,320)- .-...(.-.-.-.....-$500,000...-.(.....-...�................................... $6,762,320 estimated amount for the Project. 60 of 129 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT FIRST QUARTER ENDING DECEMBER 31, 2021 SUMMARY THE FIRST QUARTER FOR GENERAL FUND ENDED WITH 41.9% OF TOTAL BUDGETED REVENUES RECEIVED AS A RESULT OF HIGHER COLLECTIONS OF AD VALOREM TAXES. PAYMENTS OF THE ANNUAL POLICE PENSION AND CRA CONTRIBUTIONS RESULTED IN DEPARTMENT EXPENDITURES BEING 29.0% AFTER ONLY 25% OF THE YEAR HAS PAST. Iµ ., I.4 ,111 Ili I, �1 YgAl 1 do I&I. I I L. GENERAL FUND SUMMARY j T Budget YTD % Beginning Balance $ S 6,689,795 ' Ad Valorem Taxes 4,701,435 4,027,413 85.7% Franchise Fees 1,418,581 254,707 18.C% 1 Utility Taxes 3,262,083 471,639 14.5% Hurricane Recoveries - 99,972 0.0% Intergovernmental 3,113,075 548,869 17.6% Charges for Service 771,650 183,906 23.8% ?I Licenses and Other 457,350 171,980 37.6`7° Transfers From Other Funds 35,000 - O.C% Total Revenues $ 13,759,174 $ 5,758,486 41.9% 7 From Fund Balance 462,895 - 0.0% Total Sources $ 14,222,069 $ 5,758.486 4U.5% City Council 60,500 11,843 19.6% City Manager 333,616 70,644 21.2% City Cleric 282,724 106,987 37.8% City Attorney 211,922 43,833 20.7% 1 Admin Services 757,755 150,438 19.9% MIS Division 597,680 155,773 26.1% Police Department 6,750,672 2,258,814 33.5% Roads and Drainage 1,104,726 208,342 18.9% Public Facilities 932,367 244,016 26.2% i Leisure Services 1,267,721 271,826 21.4% Community Dev. 573,916 108,644 18.9% Non -Departmental 1,348,470 494,286 36.7% Total Expenditures $ 14,222,069 $ 4.125,446 29.0% Unappropriated - n1a Total Uses $ 14,222,069 $ 4,125,446 29.0% Ending Unappropriated Fund Balance $ 8,322,835 AT 913012021 $143,666 ON HURRICANE MATTHEW WAS STILL UNPAID. WE RECEIVED $99,972 A FEW DAYS AFTER YEAR END. THE FINAL $43,694 IS IN THE FINAL REVIEW STEP BUT WE ARE HOLDING $81,661 THEY PAID IN ERROR. S2,2so ' Hurricane Reimbursements $2,000 $43,694 More Due @ 12/31/2021 $1,750 $99,972 Was Received 10/04/2021 i 51,500 ■ Eligible ■ Remved t 1 $1,250 { 51,000 h 3 $750 li o $500 i $250 i S i a Eligible $1,581 745 $547 325 $34,104 $2,163,174 Matthew Irma Dorian Totals ■ Received $1,538,051 $547,325 $34,104 $2,119A80 j General Fund Revenue 5,000 ®Adjusted 6udgel lYearto hate 4,000 3.000 2,000 1,000 L - '0 'i 1 General Fund Expenditures - ssoo y asap _ asoo Z,SI]0 �sao rsml�'ra - fit- dw* �mv �,P. � .s`e� as �'e*b �sP` .�,. �ci M voI sa so aod°Sa'^ I �`�. W } G GFi G pomp M� 400 a Paa�c sg.4° c�A` p¢� THE ADDITIONAL EXPENDITURES SHOWN BELOVII ASSUME ALL THE REMAINING DEPARTMENT BUDGETS WILL BE SPENT. TOTAL ANNUAL EXPENDITURES ARE NORMALLY AT LEAST 4% BELOW BUDGET, SO WE SHOULD BE ABLE TO REACH THE LEVEL OF RESERVES PROJECTED FOR THE END OF THE YEAR. GENERAL FUND BALANCE FORECAST Fund Balance FI&R Account Beginning Reserves 10101121 $ 6,414,795 $ 275,000 Year to Date Revenue 5,758,486 ' Fund BalancelR&R Changes to Date: ' Unfinished 2020 Projects (379,993) Replaced Main Street Lift Station (4,820) Adjusted 4% vs.3% Raises (78,083) Year to Date Uses $ (458,076) $ (4,820) -1, Other Expenditures (3,662,550) ' Current Reserves $ 8,052,655 $ 270,180 Expected Changes to Year End: Additional Revenues 8,000,688 Additional Expenditures (10,096,623) Ending Reserves $ 5,956,720 $ 270,180 Adjust I to $275,000 (4,820) 4,820 Adjusted Reserves $ 5,951,900 $ 275,000 Assigned Funds * (965,002) - Net Unassigned Reserves $ 4,986,898 $ 275,000 Total Projected Reserves $ 5,261,898 Projected in 2022 Budget $ 5,847,204 * Assigned Funds include inventories, Prepaids and Golf Course Lean. 61 of 129 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT FIRST QUARTER ENDING DECEMBER 31, 2021 SUMMARY YEAR END AVAILABLE FUNDS FOR THE STORMWATER FUND SHOULD EXCEED AMOUNTS PROJECTED WITH THE FY2022 BUDGET. WE HOPE GRANT FUNDING WILL COVER MOST OF THE PROJECTS ALREADY IN THE CAPITAL IMPROVEMENT PLAN AND ANY OTHERS WITH THE MASTER PLAN. STORMWATER FUND SUMMARY Budget YTD °lo 1 Beginning Fund Balance $ $ 1,718,263 ; Stormwater Fees 1,952.000 1,745,057 89.4% ' Interest 4,244 1,485 35.0% Total Revenues $ 1,956,244 $ 1,746,542 89.3% i From Fund Balance 976,190 0.0% ] Total Sources $ 2,932,434 $ 3,464,805 118,2% Operating Expenditures 1,811,581 326,846 18.0% Capital Outlay 226,374 21,257 9.4% Transfer to Capital Projects 894,479 7.363 0.8% ; Total Uses $ 2,932,434 $ 355,466 12,1% Ending Fund Balance $ $ 3,109,339 Expected Change to Year End: Additional Revenues 209,702 Additional Expenditures (1,494.735) j Additional Capital Outlay {205,117) Transfers to Capital Projects (887,116) j 9130122 Projected Available Funds $ 742,073 7 Projected in 2022 Budget $ 564,277 PROJECTED RESOURCES FOR THE AIRPORT EXCEED THE AMOUNTS ASSUMED WHEN ADOPTING THE FY2022 BUDGET. THE AMOUNTS OF BEGINNING AND PROJECTED ENDING RESOURCES HAVE BEEN ADJUSTED TO EXCLUDE THE LIABILITY FOR THE DST LOAN, WHICH WAS $518,506 AT OCTOBER 1 IT OF THIS YEAR. AIRPORT FUND SUMMARY Budget YTD Beginning Resources $ • $ 489,170 Rents 546,759 156,785 28.5% Investment Income 720 42 5.8% Miscellaneous 82,753 27,110 32.8% Total Revenues 629,232 182,937 29.1% From Fund Balance i 38,369 0.0% Total Sources $ 667,601 $ 672,107 Operating Expenses 432,537 140,573 32.5% DST Fund Loans 36,500 0.0%° capital 0ullay 6,765 0.0%, Transfers for Projects 37,505 0.0% i Total Uses $ 513,307 $ 140,573 27.4% = Total Ending Resources 154,294 $ 531,534 Expected Change to Year End: Additional Revenues 446,295 Addditionai Uses (372,734) 9130122 Projected Resources $ 605,095 Projected In 2022 Budget $ 362,049 GOLF COURSE ENDING RESOURCES ARE PROJECTED TO BE EQUAL TO AMOUNTS PROJECTED WITH THE FY2022 BUDGET. WE HAVE HAD A VERY GOOD FIRST QUARTER, RECORDING $121,630 MORE THAN WE RECORDED IN THE 13T QUARTER OF LAST YEAR. (RAIN 1.26 INCHES LESS) GOLF FUND SUMMARY '7 Budget YTD % 3 Beginning Resources $ $ (565,341) Charges for Service 1,397,655 500,704 35.8% ' Rent 30,001 12,500 41,7% ' MisceklaneouS 8,660 3,932 45.4% 1 Total Revenues 1,436,316 517,136 36.0% From Fund Balance 27,551 n1a Pro Shop Sales 110,000 37,393 34.0% j Pro Shop Purchases (65,000) (21,070� 32.4% i Sales vs. Cost o1 Sates 45,000 16,323 36.3% Total Sources $ 1.573,867 $ 533,459 33.9% Operating Expenses $ 1,426,091 $ 358,726 25.2% i Ditch Drainage Work $ 25,000 $ - n1a i Carl Loan Payments 51,691 18,797 36.4% I Total Operating Expense 1,602,782 377,523 25.1% j General Fund Payment 35,000 - n1a Building Fund Payment 36,085 9.021 25.0% Total Uses $ 1,573,867 $ 336,544 24.6% Total Ending Resources $ $ (418,426) Expected Change to Year End: Addillot Sources 1,040,408 Addiaonal Uses (1,187,323) 9130122 Projected Resources $ (565,341) Projected in 2022 Budget $ (567,034) BUILDING FUND PROJECTED ENDING RESOURCES EXCEED THE AMOUNTS ASSUMED WHEN ADOPTING 'rHE FY2022 BUDGET. THIS EXCLUDES THE CALCULATED AMOUNT OF THE STATE MANDATED REBATE WHICH WE RECORD AS BEING PAYABLE AND THE $1,144,593 LONG-TERM ADVANCE DUE FROM THE GOLF COURSE. BUILDING FUND SUMMARY Budget YTD % j Beginning Resources $ Licenses and Permits 969,700 Charges for Service 20,800 Fines and Forfeits 6,000 Miscellaneous 40,091 Golf Fund Loan Payments 36,085 Total Revenues 1,072,676 From Fund Balance 170.240 Total Sources 1,242,916 $ 1,426,020 29.7,024 11,292 75C 1,400 9,021 319,487 Operating Expenses 1,126,916 Capital Outlay 116,000 Total Uses $ 1,242,916 $ Total Ending Resources $ Expected Change to Year End: Additional Revenues Additional Uses y9130122 Projected Resources $ Projected in 2022 Budget $ 319,487 214,794 2141,794 1,530,713 753,189 (1,028,122) 1,255,780 95i;104 J 30.6% 54.3% 12.5% i 3.5% 25.0% 29.8% i 0.0% 25.7% i 19.1% 0.0% 17.3% 62 of 129 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/21 GENERALFUND TAXES LICENSES & PERMITS INTERGVT'L REVENUE CHARGES FOR SERVICE FINES AND FORFEITS MISC. REVENUE TRANSFERS IN FROM FUND BALANCES GENERAL FUND REVENUE CITY COUNCIL CITY MANAGER CITY CLERK LEGAL ADMINISTRATIVE SERVICES M.I.S. DIVISION POLICE DEPARTMENT ROADS AND DRAINAGE CENTRAL GARAGE FACILITIES MAINTENANCE PARKS/RECREATION CEMETERY COMMUNITY DEVELOPMENT NON -DEPARTMENTAL GENERAL FUND EXPENDITURES 2018/2019 2019/2020 1 st QTR 1st QTR ACTUALS ACTUALS -4,020,700.39-3,973,081.51 -90,431.31-88,074.92 -808.087.08-453,145.34 -103,876.29-144,341.68 -10,288.48-8,789.23 -105,778.54-71,662.10 -64,999.99-6,249.99 0.00 0.00 -5,204,162.08-4,745,344.77 10,808.30 11,976.94 65,365.42 65,935.04 51,516.65 83.313.49 29,083.29 27,702.34 144, 0 32.43 146,316.78 120, 476.15 137,873.20 1,877,682.65 2,096,590.89 193,464.49 261,564.03 63,809.73 48,900.26 83,415.98 127,775,66 242,107.86 276,133.82 44,562.59 46,972.96 82,412.79 104,771.31 477,513.59 461,742.29 3,489,251.92 3,897,569.01 2020/2021 202112022 1st QTR 1st QTR ACTUALS ACTUALS -4,702,197.15-4,753,759.15 -82,892.72-76,771.44 -473,357.77-648,840.80 -166,514.47-183,905.65 -7,750.76-13,583.83 -43,715.75-81,624,79 -37,500.00 0.00 0.00 0.00 -5,513,928.62-5,758,485.66 12,427.42 11,842.55 66,691.81 70,643.54 56,481.50 106,987.18 40,173.35 43,833.16 136,226.86 150 ,437.51 133,813.11 155,772.50 2,000,721.99 2,258,814A0 224,255.14 208,342.46 53,335.22 53,260.40 146, 043, 68 155, 913.36 225,337.83 271,825,57 42,038.31 34,842.59 111, 035.95 108, 643.88 511,826.74 494,286.82 3,760,408.91 4,125, 445.92 2021/2022 ANNUAL BUDGET -9,382,099.00 -170.350,00 -3,113,075.00 -771, 650.00 -50,900.00 -236,100A0 -35,000.00 -462,895.00 -14,222,069.00 60,500.00 333,616.00 282,724.00 211,922.00 757,755.00 597,680.00 6,750,672.00 1,104,726.00 231,094.00 566,962.00 1,267,721.00 134,311,00 573,916.00 1,348,470.00 14,222,069.00 2021/2022 PERCENT OF BUDGET 50.67% 45.07% 20,84% 23.83% 26.69% 34.57% 0,00% 0.00% 40.49% 19.57% 21,18% 37.84% 20,68% 19.85% 26.06% 33.46% 18.86% 23.05% 27.50% 21.44% 25.94 % 18.93% 36.66 % 29.01 % 63 of 129 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/21 2018/2019 201912020 2020/2021 2021/2022 2021/2022 202112022 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET 01:BUDGET LOCAL OPTION GAS TAX TAXES -115,619.10 -123,926.77 -123,685.18 -132,947.01 -735,600.00 18.07% INTERGVT'L REVENUE 0.00 0.00 0.00 0.00 -14,528.00 0.00% MISC. REVENUE -2,335,30 -1,954.79 -209.04 -107.59 -945.00 11.39% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -12,724.00 0.00% LOGT FUND REVENUE -117,954.40 -125,881.56 -123,894.22 -133,054.60 -763,797.00 17.42% OPERATING EXPENSES 4,051.51 0.00 0.00 0.00 44,300.00 0.00% CAPITAL OUTLAY 0.00 0.00 0.00 4,870,00 4,870.00 100.00% DEBT SERVICE 120.126.80 117,992.80 121,781.20 121,472.60 242.801.00 50.03% TRANSFERS OUT 409,683.00 236,673.22 46,581.00 12,723.51 112,724.00 11,29% TO FUND BALANCE 0.00 0.00 0.00 0.00 359,102.00 0.00% LOGT FUND EXPENDITURES 533,861.31 354,666.02 168,362.20 139,066.11 763,797.00 18.21% DISCRETIONARY SALES TAX TAXES -480,026.51 -487,010.43 -514,958.87 -675,268,60 -4,311,580.00 13.34% MISC. REVENUE -18,110.00 -21,226.69 -3,464.96 -1,741.92 -48,500.00 3.59% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -6,762,320.00 0.00% DST FUND REVENUE -498,136.51 -508,237.12 -518,423.83 -577,010.52 -11,122,400.00 5.19% OPERATING EXPENSES 1,500.00 3,580.00 0.00 0.00 0.00 0.00% CAPITAL OUTLAY 0.00 0.00 0.00 7.151.27 210,457.00 3.40% TRANSFERS OUT 372,187.35 556,609.34 175,370.04 1,947,243,56 10,911,943.00 17.85% TO FUND BALANCES 0.00 0.00 0.00 0.00 0.00 0.00% DST FUND EXPENDITURES 373,687.35 560,189.34 175,370.04 1,954,394,83 11,122,400.00 17.57% RIVERFRONT REDEVELOPMENT FUND MISC. REVENUE -12,217.67 -11,037.74 -9,310.01 -9,186.91 -40,780.00 22.53% TRANSFERS IN -404,673.34 -403,239.68 -457,671.66 -385,664.86 -431,641.00 89.35% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -287,216.00 0.00% RRD REVENUE -416,891.01 -414,277.42 -466,981.67 -394,851.77 -759,637.00 51.98% OPERATING EXPENSES 86,757.74 89,169,26 66,876.34 83,175.66 280,827.00 29.62% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% GRANTS AND AIDS 0.00 15,000.00 0.00 0.00 40,000.00 0.00% TRANSFERS OUT 0.00 0.00 54,130.99 0.00 438,810.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 0.00 0.00% RRD EXPENDITURES 86,757.74 104,169.26 121,007.33 83,175.66 759,637.00 10.95% PARKING IN LIEU OF FUND MISC. REVENUE -338.84 -521.88 -2,546.68 -1,043.83 -3,069.00 34.01% FROM FUND BALANCES 0,00 0.00 0.00 0.00 0.00 0.00% PARKING IN LIEU REVENUE -338.84 -521.88 -2,546.68 -1,043.83 -3,069.00 34.01% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0,00% TO FUND BALANCES 0,00 0.00 0.00 0.00 3,069.00 0.00% PARKING IN LIEU EXPENDITURES 0.00 0.00 0.00 0.00 3,069.00 0.00% 64 of 129 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/21 2018/2019 2019/2020 2020/2021 2021/2022 2021/2022 2021/2022 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET RECREATION IMPACT FEE FUND MISC. REVENUE -32,192.39 -36,607.19 -30,647.13 -42,344.73 -160,000.00 26.47% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -186,802.00 0.00% REC. IMPACT FEE REVENUE -32,192.39 -36,607.19 -30,647.13 -42,344.73 -346,802.00 12.21% TRANSFERS OUT 37,636.00 255,180.44 28,222.01 1,897.60 346,802.00 0.55% TO FUND BALANCES 0.00 0.00 0.00 0.00 0.00 0.00% REC. IMPACT FEE EXPENDITURES 37,636,00 255,180.44 28,222.01 1,897.60 346,802.00 0.55% STORMWATER UTILITY FUND MISC. REVENUE -1,634,010.74 -1,613.215.52 -1,646,229.95 -1,683,062.17 -1,956,244.00 86.04% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -976,190.00 0.00% STORMWATER FUND REVENUE -1,634,010.74 -1,613.215.52 -1,646,229.95 -1,683,062.17 -2,932,434.00 57.39% PERSONAL SERVICES 203,097.95 159,732.38 166,397.29 179,850.96 872,376.00 20.62% OPERATING EXPENSES 78,596.70 97,003.70 143,735.69 146,994.64 939,205.00 15.65% CAPITAL OUTLAY 15,778.00 0.00 30,091.48 21,257.49 226,374.00 9.39% TRANSFERS OUT 5,544.00 0.00 0.00 7,362.50 894,479.00 0.82% TO FUND BALANCES 0.00 0.00 0.00 0.00 0.00 0.00% STORMWATER EXPENDITURES 303,016.65 256,736.08 340,224.46 355,465.59 2,932,434.00 12,12% LAW ENFORCE FORFEITURE FUND FINES AND FORFEITS -100.00 0.00 0.00 0.00 -1,000.00 0.00% MISC. REVENUE -271.68 -149.22 -18.27 -6.25 -250.00 2.50% FORFEITURES FUND REVENUE -371.68 -149.22 -18.27 -6.25 -1,250.00 0.50% OPERATING EXPENSES 0.00 0.00 1,500.00 0.00 0.00 0.00% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% GRANTS AND AIDS 0.00 O.OD 0.00 0.00 0.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0,00 1,250.00 0.00% FORFEITURES EXPENDITURES 0.00 0.00 1,500,00 0.00 1,250.00 0.00% STORMWATER DEBT SERVICE FUND MISC. REVENUE -1,380.44 -994.17 -131.98 -81.77 -600.00 13.63% TRANSFERS IN -100,728.51 -100,338.75 -100,240.26 -58,350,75 -233,403.00 25.00% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -167,831.00 0.00% STORMWATER DEBT REVENUE -102,108,95 -101,332.92 -100,372.24 -58,432.52 -401,834.00 14.54% DEBT SERVICE 13,329.65 10,068.60 6,764.30 3,416.75 401,834.00 0.85% TO FUND BALANCE 0.00 0.00 0.00 0.00 0.00 0.00% STORMWATER DEBT EXPENDITURES 13,329.65 10,068.60 6,764.30 3,416.75 401,834.00 0.85% 65 of 129 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/21 2018/2019 2019/2020 2020/2021 2021/2022 2021/2022 202112022 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET 01:BUDGET GOLF COURSE FUND CHARGES FOR SERVICE -412,217.19 -376,210.28 -396,778.55 -522,852.04 -1,507,655.00 34.68% MISC. REVENUE -9,328.04 -12,436.82 -10,973.03 -10,606.94 -38,661.00 27.44% TRANSFERS IN 0.00 0.00 0.00 0.00 -27,551.00 0.00% GOLF COURSE FUND REVENUE -421,545.23 -388,647.10 -407,751.58 -533,458.98 -1,573,867.00 33.89% PERSONAL SERVICES 66,702.50 66,767.03 68,234.57 73,520.97 320,202.00 22.96% OPERATING EXPENSES 100,036.87 93,871.22 98,685.32 103,721.33 375,200.00 27.64% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 25,000.00 0.00% TRANSFERS OUT 9,591.99 9,591.99 9,591.51 9,021.24 71,085.00 12.69% TOTAL ADMINISTRATION 176,331.36 170,230.24 176,511.40 186,263.54 791,487,00 23.53% OPERATING EXPENSES 143,458.38 145,872.86 96,238.39 146,596.63 588,980.00 24.89% CAPITAL OUTLAY 0.00 0.00 13,429.00 0.00 0.00 0.00% TOTAL MAINTENANCE 143,458.38 145,872.86 109,667.39 146,596.63 588,980.00 24.89% PERSONAL SERVICES 22,237.28 21,573.38 22,653.59 33,638.71 138,765.00 24.24% OPERATING EXPENSES 348.93 167.77 378.10 1,248.56 2,944.00 42.41% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00% DEBT SERVICE 23,496.00 23,496.00 23,496.00 18,796.80 51,691.00 36.36% TOTAL GOLF COURSE CARTS 46,082.21 45,237.15 46,527.69 53,684.07 193,400.00 27.76% GOLF COURSE FUND EXPENDITURES 365,871.95 361,340.25 332,706.48 386,544.24 1,573,867.00 24.56% AIRPORT FUND CHARGES FOR SERVICE -3,332.79 0.00 0.00 0.00 0.00 0.00% MISC. REVENUE -158,403.44 -152,842.29 -166,449.15 -182,937.07 -629,232.00 29.07% TRANSFERS IN 0.00 0.00 0.00 0.00 -38,369.00 0.00% AIRPORT REVENUE -161,736.23 -152,842.29 -166,449.15 -182,937.07 -667,601.00 27.40% PERSONAL SERVICES 33,735.29 17,218.24 17,311.06 23,734.14 77,167,00 30.76% OPERATING EXPENSES 92,495.10 86,516,22 98,185.51 116,839.18 355,370.00 32.88% CAPITAL OUTLAY 3,495.00 20,713.99 4,255.00 0.00 6,765.00 0.00% DEBT SERVICE 0.00 0.00 0.00 0.00 36,500.00 0.00% TRANSFERS OUT 9,999,99 6,249.99 37,500.00 0.00 37,505.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 154,294,00 0.00% AIRPORT ADMINISTRATION 139,725.38 130,698.44 157,251.57 140,573.32 667,601.00 21.06% BUILDING FUND LICENSES & PERMITS -222,011.63 -205,215.83 -226,676.31 -297,023.73 -969,700.00 30.63% CHARGES FOR SERVICE -3,333.50 -4,284.25 -7,131.00 -11,292.30 -20,800.00 54.29% FINES AND FORFEITS -1,450.00 -2,648.00 -1,350.00 -750.00 -6,000.00 12.50% MISC. REVENUE -3,799.87 -3,897.07 -1,217.54 -1,399.42 -40,091.00 3.49% TRANSFERS IN -9,591.99 -9,591,99 -9,591.51 -9,021.24 -36,085.00 25.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -170,240.00 0.00% BUILDING REVENUES -240,186.99 -225,637.14 -245,966.36 -319,486,69 -1,242,916.00 25.70% PERSONAL SERVICES 133,829.76 146,863.14 142,194.95 168,492.70 788,733.00 21.36% OPERATING EXPENSES 33,930.74 21,822.79 51,222.48 46,300,52 338,183.00 13.69% CAPITAL OUTLAY 0.00 0.00 22,828.00 0,00 116,000.00 0.00% TO FUND BALANCE 0.00 0.00 0.00 0.00 0.00 0.00% BUILDING EXPENDITURES 167,760.50 168,685.93 216,245.43 214,793.22 1,242,916.00 17.28% 66 of 129 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 12131/21 201812019 2019/2020 202012021 2021/2022 202112022 2021/2022 1st QTR ist QTR 1st QTR list QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET CITY COUNCIL PERSONAL SERVICES 5.696.63 5,690.46 5,693.90 5,691.16 22,730.00 25.04% OPERATING EXPFNSES 5.111.67 6,286.48 6.733.52 6,151.39 37,770.00 16.290/c TOTAL 10,808.30 11,976.94 12,427.42 11,842.55 60,500.00 19.57% CITY MANAGER PERSONAL SERVICES 65,421.71 60.249.79 63,153.17 66.452.01 286,400.00 23.20% OPERATING EXPENSES 2,943.71 5,685.25 3.538.64 4.191.53 15,216.00 27.55% CAPITAL OUTLAY 0.00 0.00 0.00 0.00 32,000.00 0.00% TOTAL 68,365.42 65,935.04 66.691.81 70,643.54 333,616.00 21.18% CITY CLERK PERSONAL SERVICES 39,101.39 40,539.13 42,473.57 44,900.64 192,485.00 23.33% OPERATING EXPENSES 12,415.26 42,774.36 14,007.93 62,086.54 90,239.00 68.800/a CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0,00% TOTAL 51,516.65 83,313.49 56,481.50 106,987.18 202,724.00 37,94% LEGAL PERSONAL SERVICES 0.00 0.00 37,593.31 41,140.11 171,218.00 24.03% OPERATING EXPENSES 29,083.29 27,702.34 2,580.C4 2,693.05 40,704.00 5.62% TOTAL 29,083.29 27,702.34 40,173.35 43,833.16 211,922.00 20,68% ADMINISTRATIVE SERVICES PERSONAL SERVICES 134,311.06 130,172.05 120,400,78 137,632.94 593,704.00 23.18% OPERATING EXPENSES 9,721.36 16,144.73 15,826,08 12,804.57 164,051.00 7.81% TOTAL 144,032.42 146,316.78 136,226.86 150,437.51 757,755.00 19.85% M.I.S. DIVISION PERSONAL SERVICES 63,551.48 81,523.39 78,146.26 87,180.70 424,662.00 0.00% OPERATING EXPENSES 56,924.67 55,437.70 55,666.85 68,591.80 173,018.00 39.64% CAPITAL OUTLAY 0.00 912.11 0.00 0.00 0.00 0.00% TOTAL 120,476.15 137,873.20 133,813.11 155,772.50 597,680.00 26.06% POLICE ADMINISTRATION PERSONAL SERVICES 232,644.13 336,269.04 222.192.40 238,031.61 809,340.00 29.41% OPERATING EXPENSES 26,978.23 30,610.38 52.442.11 31,552.51 147,878.00 21.34% CAPITAL OUTLAY 0.00 0.00 0,00 0.00 7,500.00 0.00% TOTAL 259,622,36 366,879.42 274,634,51 269,584.12 964,718.00 27.94% POLICE PATROL PERSONAL SERVICES 1,094,096.31 1,121,598.06 1.146,184.46 1,281,798.11 3,363,746.00 38.11% OPERATING EXPENSES 78,845.21 56,418.02 39.793.30 61.355.70 325,352.00 18.86% CAPITAL OUTLAY 5,999.00 9,772.00 0.00 13.065.09 29,675.00 44.03% TOTAL 1,178,940.52 1,187,788.08 1,185,977.76 1,356,218.90 3,718,773.00 36.47% CODE ENFORCEMENT DIVISION PERSONAL SERVICES 40,543.85 41,748.69 42,092.95 45,487,87 179,616.00 25.33% OPERATING EXPENSES 4,121.34 3,397,90 3,639.86 4,230,66 21,607.00 19.58% TOTAL 44,665.19 45,146.59 45,732.81 49,718.53 201,223.00 24.71% POLICE INVESTIGATIONS PERSONAL SERVICES 221,897.65 314,629.24 326,657.88 374,823.72 1,027,745.00 36.47% OPERATING EXPENSES 29.935.33 35,105.27 36,476.95 40,533.98 151,160-00 26.82% CAPITAL OUTLAY 0.00 4,125.17 0.00 0.00 11.000.00 0.00% TOTAL 251,832.98 353,859.68 363,134.83 415,357.70 1,189,905.00 34.91% POLICE COMMUNICATIONS PERSONAL SERVICES 139,955.61 140,288.60 129.814.71 164,141.74 659,748.00 24.88% OPERATING EXPENSES 2,665.99 2,628.52 1,427.37 3,793.41 16,305.00 23.27% TOTAL 142,621.60 142,917.12 131,242.08 167,935.15 676,053.00 24.84% 67 of 129 CITY OF SEBASTIAN GENERAL FUND DEPARTMENTS QUARTER ENDING 12131/21 2018/2019 2019/2020 2020/2021 2021/2022 2021/2022 2021/2022 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET ROADS AND DRAINAGE PERSONAL SERVICES 115.59125 136,148.84 150,889.91 119,266.65 660.550.00 18.06% OPERATING EXPENSES 76,286.24 86,224.94 70,463.24 88,095.81 381,727,00 23.08% CAPITAL OUTLAY 1.585.00 39,190.25 2,901.99 980.00 62.449,00 1.57% TOTAL 193,464,49 261,564.03 224,255.14 208,342.46 1,104,726.00 18.86% CENTRAL GARAGE PERSONAL SERVICES 52,188.66 43,669.98 46,405.85 48,930.14 201,661.00 24.26% OPERATING EXPENSES 5,776.06 5,230.28 6,929.37 4,330.26 21,933.00 19.74% CAPITAL OUTLAY 5,845.01 0,00 0.00 0.00 7,500.00 0.00% TOTAL 63,809.73 48,900.26 53,335.22 53,260.40 231,094.00 23.05% FACILITIES MAINTENANCE PERSONAL SERVICES 41,459.65 68,083.43 70,073.14 72,760.18 302,518.00 24.05% OPERATING EXPENSES 41,956.33 44,320.23 65,570.54 77,919.74 256,210.00 30.41% CAPITAL OUTLAY 0.00 15,372.00 10,400.00 5,233,44 8,234.00 63.56% TOTAL, 83,415.98 127,775.66 146,043.68 155,913.36 566,962.00 27.50% PARKSIRECREATION PERSONAL SERVICES 166,199.94 181,520.35 172,160.28 200,533.59 917,396.00 21.86% OPERATING EXPENSES 51,211.92 51,823.33 53,177.55 71,291.98 280,325.00 25,43% CAPITAL OUTLAY 24,696.00 42,790.14 0.00 0.00 70,000.00 0.00% TOTAL 242,107.86 276,133.82 225,337.83 271,825.57 1,267,721.00 21.44% CEMETERY PERSONAL SERVICES 39,665.32 40,224.80 37,203.93 29,572.26 104,646.00 28,26% OPERATING EXPENSES 4,697.27 6,748.16 4,834.38 5,270.33 29,665.00 17.77% CAPITAL OUTLAY 0.00 0,00 C.00 0.00 0.00 0.00% CEMETERY 44,562.59 46,972.96 42,038.31 34,842.59 134,311.00 25.94% COMMUNITY DEVELOPMENT PERSONAL SERVICES 78,331.57 80,147A8 101,141.97 96,974.51 427,690.00 22,67% OPERATING EXPENSES 4,081.22 9,974.63 9,893.98 11,669.37 113,226.00 10,31% CAPITAL OUTLAY 0.00 14,649.50 0.00 0.00 33,000.00 0.00% TOTAL 82,412.79 104,771,31 111,035.95 108,643.88 573,916.00 18.93% NON -DEPARTMENTAL PERSONAL SERVICES 51,375.35 54,681.02 58,227.31 78,844,51 262,980.00 29.98% OPERATING EXPENSES 405,681.24 407,061.27 453,360.12 415,442.31 766,148.00 54.22% TRANSFERS OUT 20,457.00 0.00 0.00 0.00 319,342.00 0.00% TO FUND BALANCE 0.00 0.00 0.00 0.00 0.00 0.00% NON -DEPARTMENTAL 477,513.59 461,742.29 511,587.43 494,286.82 1,348,470.00 36.66% ALL DEPARTMENTS PERSONAL SERVICES 2,582.233.56 2,877,184.05 2,850,505.78 3,134,162.45 10,608,835.00 29.54% OPERATING EXPENSES 848,436.34 893,573.79 896,361.83 972,004.94 3,032,534.00 32.05% CAPITAL OUTLAY 38,125.01 126,811.17 13,301.99 19,278.53 261,358.00 7.38% TRANSFERS OUT 20,457.00 0.00 0.00 0.00 319,342.00 0.00% TO FUND BALANCE 0.00 0.00 0.00 0.00 0.00 0.00% TOTAL GENERAL FUND 3,489,251.91 3,897,569.01 3,760,169.60 4,125,445.92 14,222.069.00 29.01% 68 of 129 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF DECEMBER 31, 2©21 Current Prior Project Budget Share Project Year Year Expenditures Percent Funds Number Description Budiret Sources (in Thousands of S) Budeet Exuenditures Expenditures To Date Expended Encumbrances Remaining FY2019 A1925 Park Signage DST/RIF 73/185 258,341 - 213,933 213,933 82.81% 14,408 30,000 A1952 Construct Hangar FDOTIDSTIAP 1,800/450/33 2,282,705 415.451 816.685 1,232,136 53.99% 1,074,596 (24,027) TOTAL $ 2,553,046 S 415,451 S 1,042,618 5 1,458,069 57% S 1,089,004 S 5,973 FY2020 A2006 Evidence Compound PavingfCarport DST 40 40,000 - 34,161 34,161 85.40% - 5,839 A2007 CDBG Grant Program CDBG 250.7 250,769 31,111 120,100 151,211 60.30% 12,022 87,536 A2008 COVID-19 Expenses (Complete) Grant 1061.8 1,061,810 L454 1,057,356 1,061,810 100.00% A2009 CDBG CARES Act Grant Program CDBG 74.8 74,778 - 1,561 1,561 2.09% - 73,217 A2021 BSSC Baseball Dugouts RIF 80 80,000 1,898 38,482 40,380 50.47% 1,595 38,025 A2029 CRA Signage & Landscape CRA 113 113.000 75,056 75,056 66.42% 24,944 13,ODO A2030 Public Facilities Compound DST/SIRWMD 99071256.1 9,651,130 1,357,745 3,248,743 4,606,488 47.73% 5,037,39I 7,251 A2050 Construct Taxi Lane FAA/FDOT/GFIDST 684.3/36.5/36.5 757,409 162,471 109,049 271,520 35.85% 416,435 69,454 A2061 Canal Improvements FEMA/DST 11.000/1,000 23,000.000 - - - 0.00% - 23,000,OD0 A2062 Stonecrop Drainage FEMAIDST 645/215 860.000 100 21,416 21,516 2.50% 7.750 830.734 A2063 SC136C to Sewer Grant Program IRLCICRA 100/100 200,000 12,380 63,225 75.605 37.80% - 124.395 S 36,119,201 S 1,570,158 $ 4,799,455 S 6,369,614 17.63% S 5,500,136 S 24,249,451 FY2021 A2104 Phone System DST 100 100,000 35,110 - 35,110 35.11% 970 63,920 A2106 Police Vehicles & Equipment DST 350 349,982 255,482 255,482 73.00% 81,288 13,212 A2109 Infrared Laser Pointers (Complete) JAG GrantlGF 10.8 IM77 10,877 10.877 100.00% - h A2121 Harrison Street Park Plaza DST/CRA 270I225 495,000 - - 0.00% - 495,000 A2123 Tree Protection Plan DST 135 135,000 40,715 40,715 30.16% 12,840 91,445 A2124 Playground Improvements RIF 72 71,576 - - 0.00% 71,576 D A2126 Yacht Club Seawall OF 359 358,962 40,291 40,291 11.22% 319,671 0 A2131 Sidewalk Replacement LOGT 44.5 44,480 12,724 31,756 44,480 100.00% - 0 A2133 TruckwlCrane DST 65 61,225 61,225 - 6I,225 100.00% (0) A2150 Establish Sewer Service FDOTIDST 1,3271256/430 2,013,984 - - - 0,00% 2,013,981 3 A2151 Square Hangar Engineering FDOTIDST 222/55.5 277,516 66,905 32,097 99,002 35.67% 17D,473 8,041 A2161 Stormwater Master Plan DST/SW 3501350 700,000 14,725 19,725 34,450 4.92% 665,550 - A2163 CRA Sewer Conversion CRA 57.5 57.500 - 29,679 29,679 51,62% 27,821 - 4,707,155 457,048 22"16 682,364 14.50% 3,363,169 661,622 FY2022 A2200 Server/Host Update DST 43 43,I95 - - - 0.00% - 43,195 A2201 Citywide Computers DST 44 43,957 - - 0.00% 43,957 A2202 Email Archive Systein DST 60 60,000 36,474 36,474 60.79°% 23,526 A2203 COSty Equipment DST 10 10,000 6,958 6,958 69.58% 3,042 A2204 Network Infrastructure DST 30 30,000 - - 0.00°% 30,000 A2205 Over The Air Connections DST 15 14,990 0.00% - 14,990 A2206 CADIRMS System Update DST 139 139,200 0.00% 22,500 116,700 A2207 Police Vehicles & Equipment DST 305 305,000 0,00°% 14,683 290,317 A2208 PD Body Worn/Vebicle Cameras DST 79 78,50 39.297 39,292 50.00% - 39,292 A22D9 PD COPE Trailer DST 21 20,500 - - 0.00% 20,500 A2210 PD Utility Vehicles DST 18 18,000 0.00% 18,000 A2220 Working Waterfront CPA 50 50.000 0.00% 50,000 A2221 BSSC Baseball Backstops RIF 75 75,000 0,00% 75,00 A2222 Playground Improvements RIF 100 100,000 0.00% 100,000 A2223 Park Improvements RIF 20 20,000 0.00% 20,000 A2224 Riverview Park Enhancements DON 2 1,850 0.00% 1,850 A2230 Sidewalk Replacement LOOT 100 100,000 0.00% 100,00D A2250 Construct (2) Square Hangars FDOTIDST 576I144 720,000 0.00% 720,00D A2251 AP Infield Security Cameras FDOTIDST 19.2/4.8 24,000 0.00% 24,000 A2252 Hangar C Office Improvements FDOTIDON 35/35 70.000 0.00% 70,000 A2253 Airport Rescue Grant FAA 32 32,000 0.00% 32,000 A2260 SwaleslDriveways/Culverts SW 245 244,695 0.00% 244,695 A2261 Concha Dam Replacement FEMAISW 300/100 400,000 0.00% 400,000 A2262 Sliplining DST 250 250,000 0.0 % 71,090 178,911 2,850,970 82,724 - 82,724 2.90% 108,273 2,659,973 GRAND TOTAL $ 46,241,601 3 2,525,381 $ 6,078,618 S 8,604,000 18.61% $ 10,060,582 5 27,577,019 69 of 129 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2021 At December 31, 2021, the total of the City's cash and investments were $2I,909,417.27. Of this, $17,469,727.80 was held in an interest bearing checking account at Seacoast National Bank, $3,894,867.88 was invested with the State Board of Administration and $544,821.59 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. Bank returns and State Board change primarily due to reactions of the bond market and Federal Reserve. 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 negative 2.38%. However over the past 3 years, it was good at positive 2.19%. Florida Trust is pool fund that deals in government securities averaging less than 2 year maturities. SEACOAST NATIONAL BANK STATE BOARD OF ADMINISTRATION (SBA) CURRENT CURRENT CASH BALANCE ALLOCATION BALANCE PERCENT INVESTMENT ALLOCATION BALANCE PERCENT General Fund $ 7,144,537.89 40.90% General Fund $ 434,008.49 11.14% American Rescue Plan Act 1,334,093.79 7,64% American Rescue Plan Act 334,162,42 8.58 % Local Option Gas Tax Fund 232,631.28 1.33% Local Option Gas Tax Fund - 0.00% Discretionary Sales Tax Fund 3,367,410.03 19,28% Discretionary Sales Tax Fund 841,442,76 2 L.60 % RiverGont Redevelopment Fund 682,526.90 3.91% Riverfronl Redevelopment Fund 170,655.58 4.M% Parking In -Lieu -Of Fund - 0.00% Parking In -Lieu -Of Fund 72,621.42 1,86% Recreation hnpact Fee Fund 238,605.67 1,37% Recreation Impact Fee Fund 59,627.35 1.53% Siormwaler Utility Fund 2,430,556.73 13,91% Stormwater Utility Fund 609,213.03 15.64% Law Enforcement Forfeiture Fund 6,592.79 0.04% Law Enforcement Forfeiture Fund 26,295.38 0.681/0 Stormwater Series 2003 Debt Service Fund 235,847.30 1.35% Stormwater Series 2003 Debi Service Fund - 0.00% Capital Projects Fund (39,850.07) -0.23% Capital Projects Fund 0.00% Capital Emprovemenis Fund 1,230.72 0.011h Capital Improvements Fund - 0.001/6 Transportation Fund (0.10) 0.00% Transportation Fund - 0.00% Stormwater Projects Fund 232,063.35 1.33% Stormwater Projects Fund - 0.00% Golf Course Fund 206,647,76 1.18% Golf Course Fund 51,507.22 1.32% Airport Fund 361,157.77 2.07% Airport Fund 90,214.12 2.32% Airport Projects Fund (495,113,71) -2.93% Airport Projects Fund - 0.00% Building Department Fund 1,335,491,05 7.64% Building Department Fund 333,582AS 9,56% Cemetery Trust Fund 194,543,67 1.11% Cemetery Trust Fund 779,297.96 20.01% Performance Deposits Fund 750,00 0.00% Performance Deposits Fund 92,340.00 2.37% Total Bank Balance S 17,469,727.80 100.00 % Total SSA Balance S 3,894,867.88 100.00% Fund Making Loans GENERAL FUND: Due from Golf Course DISCRETIONARY SALES TAX: Due from Airport Fund Due from Airport Fund BUILDING FUND: Due from Golf Course Due from Golf Course Debt Description INTERFUND LOANS REPORT 10/01/21 Scheduled Balance at Purpose Balance Payments 09/30/2022 Remarks/Terms Cash Flow Loan $500,o00 $35,000 $465,000 Pay $35K/Year or More. $285,000 Hangar A $260,742 $7,570 $267,511 Hangar B $235,275 $8,189 $253,172 5 Years @ 3%, Then 4%for 25 Years. Final in 2038 $227,086 5 Years @ 3%, Then 4% for 25 Years. Final in 2041. $700,000Irrigation $615,456 $30,547 $594,909 Each 5 YearstoT-Bond Minus 1%. Final in 2038. $559,684 Other Repairs $559,684 None $559,684 Pay When Possible, Maybe After $700,000 is paid. DEBT DUE TO OUTSIDE PARTIES Initial Principal Principal Balance at Final Initial Bond Amount 9/30/2021 Interest Rate Maturity Rating/Insurer Security Pledge Stormwater Utility $5,630,000 $395,000 2%to 4.2% 2022 AAA/MBIA Stormwater Utility Fees Revenue Bank Notes2014 Paving Improvements $2,296,000 $358,000 1.94% 2023 N/A Local Option Gas Tax Promissory Notes 2012 Golf Cart $313,152 $50,801 3,49% 2022 N/A N/A 60 Month Lease Purchase 2017 Police Camera System $353,624 $117,950 2.75% 2025 N/A iI/A 60 Month Lease Purchase May 2021 70 of 129 till t� SEBLN HOME OF PELICAN ISLAND To: Mayor and City Council Thru: PauiCarlisle, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: February 23, 2022 Re: I" Quarter Accomplishments Fiscal Year 2022 The following are the I" Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended December 31, 2021. CITY CLERK Leeislative Support Matters • City Cleric prepared agenda, attended/recorded three Regular City Council meetings • Records Specialist prepared agenda, attended/recorded one Regular City Council meeting + Completed follow up of approved Council matters — contracts, letters, e-mails, scanned to LF and indexed + Fourteen ordinances were passed on first reading by Council • Ten resolutions adopted by Council • Two proclamations prepared for presentation by Council Members • Provided monthly City calendars and revisions to Council, city staff and press • Recorded one official document with Clerk of Court Records Management Prosram • Responded to 55 public records requests • 104 cubic feet of paper records met retention along with duplicate and OSA records destroyed by shredding vendor • Documents, Maps & Surveys of Airport, Cemetery, Facility Buildings, Golf Course, Land Use, Stormwater, Streets and Working Waterfront and Water & Sewer Franchise Documents were imported into Laserfiche for permanent and long term record • Maps & Survey index completed with its location in the vault as well as in Laserfiche • Transferred and documented two bid records for storage • Began inventory log for four new vehicles Election Matters Coordinated use of the Communitv Center, Elks Lodge and Christian Church on Dav Dr. for Municipal Election Voting. • Oualified six candidates for November 2.2021 Municipal Election • Six candidates submitted M8. M9. G1. G2. G3 treasurer's reports; provided to press as rec[uested • Prepared and submitted a draft ballot to Supervisor of Elections Leslie Swan • Prepared two election advertisements (English and Spanish) • City Clerk and Records Specialist served on City of Sebastian Canvassing Board • Administered oath to three Council Members • Updated and distributed regional committee member information to respective committee staff City Board Matters • Noticed vacancies, prepared one board appointment, notified and provided info to appointee, updated Board Handbook and distributed pages • City Clerk prepared agenda, attended/recorded one CRA meetings within Council Meetings • Records Specialist published all scanned City board packets to City website and Laserfiche and provided to press and Council • Prepared one certificate of appreciation for outgoing board member • Sent holiday appreciation gift to all board members • Coordinated board/committee meeting minutes between staff and technical writer Cemetery Matters • Certificates of Interment Rights issued for 11 locations for a total of $21,000. • Scanned all cemetery records as sold or amended for permanent retention • Records Specialist participated in meeting regarding rate increase and ordinance changes 71 of 129 Personnel/Educational Matters • Records Specialist attended three Project Management meetings • Records Specialist attended six Events Committee meetings • Records Specialist assisted with Annual Awards Banquet • City Clerk & Records Specialist participated in the Compensation and Benefits Study • Records Specialist completed annual security awareness training. • Records Specialist received McPro Plus training for marquee at City Hall & Riverview Park • Records Specialist entered and assisted with the Chili Contest • City Clerk and Records Specialist completed annual Computer Security Awareness Training • City Clerk swore in one new police officer Communitv Matters • Responded to or forwarded CITYSEB emails to appropriate departments • Records Specialist volunteered to be a Judge for the Halloween Costume Contest Event ADMINISTRATIVE SERVICES • Continued to work with the State and FEMA to pursue remaining reimbursements due on Hurricane Matthew. • Provided administrative support to the Police Pension Board. • Closed accounting records at year-end and responded to questions from the Auditors. • Worked with Auditors to complete the FY2021 Audit Report. • Assisted with negotiations of wage opener in accordance with the PEA and PBA Labor Agreements. • Prepared 4th Quarter Budget Amendment and made presentation to Budget Committee and City Council. • Studied the Interim Final Rules published by the U.S. Treasury Department on the American Rescue Plan Act • 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. • Worked with Consultant to prepare a wage and benefits study. • 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 graduation ceremony for the Citizen Academy (continued from April). • Conducted several interviews for 911 dispatcher positions. • Conducted several interviews for police officer. • Conducted several interviews for new Crime Scene Technician. • Attended several ZOOM meetings for Civic Organizations. • Continued our quarterly auditing and inspection of the police building and equipment. • Command Staff members attended 4 Council meetings. • Responded to 0 public records request. • Held semi-annual meeting with Police Volunteers & Crossing Guards. • Set up plans for COVID testing site. • Appeared in front of Commission for Florida Accreditation to receive award. • Oversaw a three part promotional process for sergeants. • Promoted a new Captain, Lieutenant and two sergeants. • Selected new patrol corporal & K9 officer to replace new sergeants. • Attended Crime Lab meeting. • Attended Veteran's Day & Pearl Harbour Day celebrations. • Attended new School Board Member reception. • Participated in several other meetings with staff and other department heads. • Completed 3 leadership meetings and several (weekly) staff meetings. • Met with Timothy Moore, new president of Indian River State College. • Met with more PD employees in reference to goals and objectives. • Participated in community events: light up night, Christmas parade, two movie nights, lip sync battle & ringing the Salvation Army Bell in a public safety competition. 72 of 129 2 Volunteers • The Community Service Volunteers worked a total of 1,085.50 hours during this quarter. • 10 bank deposit details were made. This service is done for City Hall so employees do not have to leave their assigned duties. • 0 traffic control details were assigned. These consist of directing traffic at city events, road closures, etc. • 358 house watches/close patrols were completed. • 26 vehicle transports were made consisting of taking the vehicles to different locations for repairs, etc. • 334 business checks were made. These business checks are conducted to help patrol officers keep an eye on the business community which helps reduce crime. • 17 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 9 Airport checks were made. The visibility helps to deter crime. • 65 special details were assigned. • 11 miscellaneous assists for law enforcement personnel. • 35 paper runs, i.e.: State Attorney's Office, Sheriff s Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney paperwork, and miscellaneous items as needed. • Assisted with traffic control on 8 traffic crash scene. • 0 warnings for handicapped parking tickets issued and 0 warnings for other parking infractions issued. • 10 citizen contacts. • 260 miscellaneous jobs. • 11 Escorts were completed. School Resource Officers Area/school checks Reports Crossing Guard contacts Mentor lunches Patrol hours Community event hours Patrol hours Mentor lunches r 114 99 72 285 0 1 1 2 19 12 10 41 10 8 12 30 0 24 87 111 8 0 9 17 ■ December Crossing Guard contacts "' ■ November ■ October Reports Area/school checks 0 20 40 60 80 100 120 73 of 129 3 Road Patrol and Special Operations • Officers were dispatched to 5857 calls for service, and self -initiated 3181 events. • 87 adult and 10 juvenile arrests were made. • 2 Juvenile Civil Citations were issued. • Officers issued 173 citations, 5 parking citations, and 374 written warnings. • Officers completed 565 offense reports and 85 crash reports. Special Operations Citations Warnings Incident Reports Arrests Traffic Officer* 20 51 16 0 Marine** NIA N/A NIA NIA K-9 Unit • K-9 Training Hours: 320 • Misdemeanor Arrests: 2 • Felony Arrests: 8 • Narcotic Searches: 13 • Activity Reports: 8 • K-9 Demonstrations: I • Schools Attended: 0* • Additional Training Hours: 264 hour K9 Patrol School • Agency Assisted: Indian River and Brevard County Detectives October 1st thru December 31, 2021 Subpoenas 4 2 1 7 Arrests 0 1 1 2 Warrants I 0 2 4 6 Training/Meeting Hours 12 1 30.75 43.75 Follow -Ups 11 22 31 64 Active Cases 16 14 22 52 Assigned Cases I 9 16 17 42 Cleared Cases 5 9 13 27 Inactive Cases 3 10 12 25 Supplements 17 13 29 59 Call Outs 1 3 7 11 Back izround/Rno 0 2 4 6 DICE October 1st - December 31, 2021 Court Order Documents 1 2 5 6 13 Arrests 3 1 0 4 Warrants o 0 0 0 Training/Meeting Hours 25 46 24 95 Follow -Ups 4 8 6 18 Active Cases 27 26 23 76 Officer Intel 4 4 3 11 Crime Stoppers Intel I 1 1 1 3 Other Intel Source 3 3 4 10 Cleared Cases 0 1 6 7 Inactive Cases 6 2 0 8 Supplements I 9 5 8 22 Surveillance (hours) I 105 120 115 340 74 of 129 4 Surveillance (hours) now.; -rnrnrr n,rrda.u�� Supplements Inactive Cases V Cleared Cases r Other Intel Source Crime Stoppers Intel Dec. Officer Intel Active Cases ■ Nov. Follow -Ups 0 Oct. Training/Meeting Hours Warrants Arrests y Court Order Documents pr 0 20 40 60 80 100 120 140 GIRIMMICH October Novernber D.ecember TOTALS SUBPOENAS 0 0 0 0 ARRESTS 0 0 0 0 WARRANTS 2 2 0 4 TRAININGIMEETINGS (hours) 8 8 8 24 FOLLOW-UPS 3 2 3 8 ACTIVE CASES 5 3 3 11 ASSIGNED CASES 5 3 3 11 CLEARED CASES 5 2 1 8 INACTIVE CASES 0 0 0 0 SUPPLEMENTS 6 5 3 14 SURVEILLANCE (HOURS) 20 10 20 50 sIU Court Order Documents Arrests Warrants Training/Meeting Hours Follow -Ups Active Cases _ Officer Intel _ Crime Stoppers In—te17. Other Intel Source Cleared Cases Inactive Cases; Supplements Surveillance (hours) 5 75 of 129 Surveillance (hours) Supplements Inactive Cases Cleared Cases Other Intel Source Crime Stoppers Intel Officer Intel 'Arm Active Cases wq Follow -Ups PV` Training/Meeting Hours Warrants Arrests Court Order Documents 0 20 40 60 80 100 COPE QUARTERLY REPORT ACTIVITY HOURS COMMUNITY EVENTS 64 Community Events: Jr. Bluewater Open - 3 AGENCY OUTREACH EVENTS 86 COVIDTest Site -5 COMMUNITY MEETINGS 38 Triathalon - 6 Light Up Night - 9 SCHOOL -RELATED EVENTS 2 Honor Special Needs Student - 3 Christmas Parade - 9 PUBLIC TRAINING CLASSES 0 Lip sync Battle -10 Bell Ringing - 3 REGIONAL OUTREACH 14 Agency Outreach: SRO Coverage 35 Citizen's Academy-4 Movie Night - 20 EXPLORER POST ACTIVITIES 0 shop w/ Cop -40 0 Turkey Drive - 6 TRAINING AND SCHOOLS Toy Drive-8 IN-SERVICE INSTRUCTION D I Community Meetings: SOCIAL MEDIA MANAGEMENT 26 111I1-6 Exchange - 12 ADMINISTRATION & RESEARCH 70 Underage Drinking-3 DOA Revolution - 1 ROAD PATROL COVERAGE 0 Mental Health - 2 Communications Division Dec. ■ Nov. ■ Oct. School Related Events: Training and Schools. SGH -0 In Service -0 Sebastian - 0 Schools -0 Preschool- 2 in -Service inst Public Training Classes: Vehicle Ops - 0 RAID Women - 0 Active Shooter - 0 SAFE Women - 0 Refuse to be a victim - 0 Social Media Management: Regional Outreach: {Facebook, Crime Stoppers -0 Torch Run - 14 Instagram) - 26 Admin & Research: Pension Board - 0 SRO: -31 Special Events - 0 Road Coverage -0 Awards - 0 Honor Guard - 0 COPE Meeting - 0 Crossing Guard-4 Banquet-0 Explorer Admin-8 Explorer Post Activities: 0 Golf Turn meeting-42 Vehicle maintenance-20 Disp. Calls For Service 1,582 1,454 1,609 4,645 Officer Initiated Calls 1,193 970 1,402 3,565 Code Enf. Initiated Calls 1,560 1501 1,650 4,711 Volunteer Initiated Calls 146 189 194 529 Calls Entered Into CAD 4,569 4,247 4,875 13,691 911 Calls Received 753 698 674 2,280 911 Calls Transferred Out 321 268 249 891 911 Hang-up Calls 81 79 108 258 Admin. Calls Received 776 708 728 2,212 Admin. Calls Transferred N/A N/A N/A N/A Outgoing Admin, Calls NA NA NA NA Training/Meeting Hours 1 18 15 15 48 76 of 129 1.1 Crime Scene/Evidence Items Received I 77 68 115 260 Evidence Processed In-house I 31 10 29 70 Evidence Outsourced I 8 6 8 22 Items Returned I 6 7 6 19 Items Purged I 5 9 7 21 Cars impounded I 2 1 0 3 Video Redaction Hours I 136 93 101 330 Video's Burned I 198 112 126 436 Supplements Written 4 3 5 12 Evidence Processing Hours i 42 17 37 96 Crime Scene Processing Hours 17 0 6 23 Training Hours 32 32 16 80 Call Outs 4 0 1 5 Code Enforcement Of the 4,727 code calls for the quarter the following is a breakdown of some specific calls made: • Issued 462 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 136 property inspections for title companies and 72 sign violations. • 603 Code Services. • 686 re -inspections, 65 violations were not complied with, 132 were posted for abatement, 12 abated by vendors. • 485 violations complied. • 7 Liens filed, 6 liens released. • 137 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. Alarm Assessment • $340.00 in alarm permits (new and renew) • $00.00 in false alarms fines • 116 alarm responses by officers, 44 of these were false. • 16 New permits issued. 77 of 129 ROADS Asphalt • Put down 4 tons of hot asphalt and repaired various pot holes and road edges with cold patch and , or millings. • Filled multiple large ruts in alleyway with millings. Concrete • Dug -out, formed and poured two pads for bike racks at Riverview Park for parks Grinding • Inspected entire IRD sidewalk system and ground down any present trip hazards • Ground down multiple trip hazards at Friendship tennis courts and City Hall grounds Mowing • Mowed all spillways, bridges, Harbor Lights Motel and city areas maintain • Hand cut various vacant lots of sight obstructions and drainage blockage until side arm mower is repaired • Hand cut overgrowth on Shakesphere and Lighthouse • Removed growth along curb and gutter along Main St. from City Hall to church (both sides) • Removed weeds from entire curbing along Powerline Rd. (both sides) Projects • Demolition and removal of last 2 dug -outs and concrete at Sports Complex, Prep grounds for new concrete pads Misc. • Removal of furniture in rear of Crabby Bills and assist in erecting partition wall • Removed all debris from Blossom Park playground demolition and took to landfill • Re -graded overflow parking lot with millings • Ground out large area of graffiti on Schumann Dr. for sign shop • Assisted sign shop in re -striping Hardee bridge, Concha and Barber St. bridge • Clearing trees and brush at Gate 6 entrance of airport for tree height compliance • Assisted SW in clearing drainage ditches at airport and tree clearing in the retention pond area at Barber and Schumann by Pre School, • Cleared walking trail of overgrown pepper trees and brush at Filbert Park for Parks. • Assisted SW in Skid steer mowing , tree & brush removal at Day Dr. Retention Pond • Assisted SW with quarter round cleaning on north end Barber St, Tulip & Melrose Area Sian Shon • Signage and Installation: • Created; 175 • Signs Installed: 87 • Signs Straightened: 13 • Trees Cut by signs: 0 • Traffic Studies: 4 • GIS Locations 43 • Decals:28 • Pavement Markings • Stop Bars: 289 • Yellow Line Striping: 16,414 Ln ft. • White Line Striping: 21,488 Ln R. • Parking Lots: 1 • Cross Walks: 18 • Handicap stalls: 0 • ADA Mats painted: 0 • Blue Paint: LN FT.:.0 • Special Projects: • Paint stop bars and crosswalks zone 4: Completed • Stop bars and crosswalks road paint zone 5: 80% Completed • Road paint Main St., Easy St. to Wimbrow: 80% Completed • Road marking on Hardee Park and Concha bridges: Completed • New Projects: • Paint stop bars and crosswalks zone 4: Completed • Stop bars and crosswalks road paint zone 5: 80% Completed • Road paint Main St., Easy St. to Wimbrow: 80% Completed • Road marking on Hardee Park and Concha bridges: Completed 78 of 129 8 • M.O.T • Special Events 7 • School Lights: 4 • Citizens Request: 9 (8 completed) • Work Orders: 61 (55 have been completed) • Created Signs Breakdown • Street Signs: 8 • Regulatory:42 • Warning:56 • Park: 17 • Aviation:30 • Cemetery:24 Facilities Maintenance • Maintain City Flags • Maintain City Flags • Maintain and monitor all lift stations • Monthly A/C maintenance all City Buildings + Assist with Splash pad operations • Monitor C1eanSpace Janitorial • Monthly monitoring and supplies AED Stations • Daily Maintenance and repairs City Buildings • Abandonment Harbor Lights Septic Tanks • Police Dep.: Install LED Parking lot lights • Splash Pad: Repair feature water leak • City Hall: Install LED parking lot lights • ADS Quarterly Fire/Sprinkler testing • Crab-E-Bill: Roof repair Leeward Roofing (Leeward Roofing) + Main Street Lift Station: Replace pump motor (Meeks) • Pressure Washing City Hall Police Dept. complex • Admin. Building: Install 2 Iee/Water Dispensers • Backflow: Test and recertify backflow devices Cemetery • Routine Mowing/Weed Eating and Edging • Ordered block signs for unit 5 • Planted 5 Florida trees in unit 3 • Removed gateway arches from entrance (per fire dept.) • Lifted 20 monuments in Unit 2 to ground level • Fixed sprinkler heads • Monthly rain gauge 4 • Power washed North block well • Fixed beds around trees • Full Burials 17Cremains Burials 10 Construction Specialist Crab E Bills • Build safety wall inside restaurant, install window in wall • Repair Water leak at meter City Hall • Install 2 new ice machines + Install new parking lot lights Golf Course • Repair water leak at cart barn Police Dept. • Repair and replace parking lot lights 79 of 129 I Parks • Splash pad final repair (Fencing, surface seal, pressure testing, sensor adjustments) • Twin Pier, replace photo cell, repair damaged dock decking, repair broken lights • Riverside park, repair bad outlets and breakers • 5I2 signs install solar lighting • Creative Park, remove and install new water fountain • Easy St. Park, remove old fountain and install temporary • Barber St. Ball Parks, remove old dugouts Fleet Management: • The Fleet Management Staff completed 527 repair work orders, 55 preventive maintenance services 18 service calls and 0 road trips to pick up parts. • In addition to in-house vehicle/equipment work orders, 20 vehicle and equipment repairs were scheduled and completed by outside vendors. • Took delivery of the following units: • (2) Detectives Ford Explores • (3) Marked Police Vehicles (Dodge Durango) • Iron Bull Utility Trailer • Completed the prep(Lights, Rack, Graphics, etc.) on the following unit • Same as above • Completed Sales on Gov. Deals:$45,942.50 • Surplus Equipment • Fuel Cost as of the Oct. Nov. Dec. 2021 • $2.66 per gallon of gasoline 1.5% increase over the past 90 days • $2.72per gallon of diesel fuel 2.2% increase over the past 90 days LEISURE SERVICES Parks Division • Maintain area by servicing carts at the compound • Repair irrigation lines and heads at Friendship Park, Splash Pad Riverview Park, Schumann medians • Maintain area by removing & replacing the pavilion at the Main St docks • Remove & replace the tire on the golf cart for tennis court at Friendship Park • Maintain trimming the hedges at Friendship, Hardy Park, City Hall • Pressure wash skate park, • Fill in a hole at the tennis court Schumann Park • Paint tables at the pavilion at Main St. docks, paint steps at community center • Deliver and pick-up carts for event at Riverview Park • Maintain area by adding mulch to playground at Barber St. Sports Complex, Riverview Park • Prepare for events at Riverview Park, Move Stage • Repair nets at Pickleball Courts • Install windscreen for Pickleball Courts • Install bricks at Memorial Park • Add dirt to kayak launch Riverview Park • Install basketball nets at Schumann Park, Barber St. Sports Complex • Repair fence on overflow parking Riverview Park, Friendship Park, Bryant Ct. Park, Memorial Park • Removed bleachers for event at Riverview Park • Maintain area by painting the sign at Community Center • Remove broken parts from playground at Easy St. • Plant flowers around splash pad • Remove a boat at Yacht Club, Remove a chair at Bryant Ct. Park • Prepare for event at City Hall • Work at the airport • Spray WOW on the volleyball courts at Riverview Park and playground at Schumann Park • Continue mowing, edging, weed eating, dragging the fields, Insecticide & fertilize grass, Install bike rack at Hardee Park, Crab-E-Bills Recreation Division • Continued city run programs. 80 of 129 STORMWATER DEPARTMENT • Debris Removed 1113 cubic yards + Cleaned all baffle boxes on Indian River Dr. • Installed new baffle boxes • Cleaned all retention ponds in unit 17 Schumann Dr. area • Mowed around both dams • Working Sat. Vac -Truck clearing all driveway and road crossing pipes on new paved streets Inspection Type Inspection # Passed Failed Conditional Re -Inspection Fee Final Engineering 22 l 167 54 0 $0.00 Drainage Pipe Elevation 114 93 21 0 $0.00 Driveway 113 85 28 0 $0.00 Pre -Sod 66 56 10 0 $0.00 Erosion Control Barrier 123 88 35 0 $35.00 Total 637 $35.00 Citizen Reauest Line • Oct. = 184 Approximately 27 were for Stormwater (47%) 13 Roads,( 23%) Parks 1(.01%) • Signs 3 (.05%) Other 13 (Code County, FPL, Eric, Jim) 70% • Nov. = 57 Approximately 27 were for Stormwater (47%), 13 Roads (23%) , Parks 1 (.01%), Signs 3 (.05%) Other 13 (Code, County, FPL, Eric, Jim) (70%) • Dec. = 65 Approximately 30 were for Stormwater (49%) 8 roads (12%) 7 general questions • (1 I %) Signs,4 (.06%) Parks 1 (01 %) Other (Code, FPL, Eric, Jim) 17 (26%) • Oct. 2021— 57 Requests • 25 Stormwater, I Outstanding due to spray company, 1 machine down 1 mower skipped, 1 HO responsibility 1 working on another ditch/shorthanded • 13 Roads, 2 Outstanding due to no asphalt • 1 Parks Done, 3 Signs I Outstanding speed study • 6 Code NA, 4 County NA, I Eric Done, 1 Kim H. Done, 1 Animal Control Done • Nov. 2021 -- 69 Request • 28 Stormwater, 3 Outstanding (Mowers) 2 Ongoing, 3 HO responsiblity • 8 Roads, 3 Outstanding (no Asphalt) I No need • 1 Parks done, 2 code NA, 6 county NA, 4 Eric done, 1 FPL NA, 1 Jim done, 4 signs done • 7 general questions done • Dec. 2021--- 62Requests • 25 Stormwater, 3 ongoing, 1 not city, 1 HO responsibility • 11 Roads, 1 ongoing, 2 no asphalt, 1 HO responsibility • 2 Parks done, 2 signs done, 8 general questions done, 4 Eric done, 2 FPL 1 NA, 1 doneeeee • 1 Kim H. done, 1 county NA, 5 code NA, I builder done 81 of 129 GOLF COURSE • Revenue 21-22 20-21 Difference+l- IstQuarter Rev. $483,696 $356,601 +$127,095 YTD Tot. Rev. same as above I st Quarter Rounds 13,974 10,783 +3,191 YTD Tot. Rds. same as above 1st Q. Green Fee $139,712 $98,875 +$40,837 1st Q. Cart Fee $174,868 $131,233 +$43,635 1st Q. Annual Member $80,184 $59,235 +$20,949 YTD Ann. Mem, same as above Ist Q. US GA Hdcp. $2,552 $2,882 -$330 YTD USGA Hdcp. same as above 1st Q. Disct. Card $31,304 $21,823 +$9,481 YTD Disct. Cd. same as above 1st Q. Driving Range $15,392 $8,936 +$6,456 YTD Dr. Rge. same as above 1st Q. Club Rental $822 $471 +$351 1st Q. Club Storage $2,692 $2,127 +$565 YTD CR & CS $3,517 $2,598 +$919 1st Q. Golf Shop Retail $26,508 $20,409 +$6,099 1st Q. Retail COST ($18,143) ($I3,345) +4,798 1st Q. Golf Shop Profit $8, 365 $7,064 +$1,301 1 st Q. Golf Shop Margin 31.56% 29.71 % +1.85% YTD Shop Retail same as above. 1 st Q. PGA Pro Lesson $205 $760 -$555 YTD Lesson same as above I st Q. Restaurant Rent $7,500 $7,500 $0 YTD Rest. Rent same as above • 1st O. Rain amount 8.33" 9.59" -1.26" *Data obtained from weather underground.com • Charity, Corporate and special Golf Tournaments for the 1st quarter included The Central Baptist Church, The Sebastian Italian - American CIub, Sebastian Police Department Community Police Event, Sebastian Elks Lodge, Sebastian Rotary, The Sebastian 2-Person Team Championship, St. Sebastian Church, K. Redish Memorial Golf Tournament, The Palm Bay Golf Association and The Brevard Golf Association. • Charity, Corporate and special Golf Tournaments planned for 2nd quarter include 2022 New Year's Day Scramble, Palm Bay Golf Association and The Vista Del Mar Ladies 9 Hole Scramble. • 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. • 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 Maintenance and cleaning of the AWOS • Helped clear and remove trees outside of gate 6A • Attended pre -construction • Cleaned up and removed brush piles around airport grounds • Gate Repairs #6A, 7, 8, 24 • Assisted in the removing pepper trees around perimeter of airport fence • Attended meetings with Sean from Aherns Companies • Chaperoned worker around airport to repair security cameras • Chaperoned sub -contractors around airport • Trimmed all shrubs around hangars A, B, C and Main Building • Cleaned and greased all 3 flags • Painted numbers on runway 10-28Trained new part-time hire, Ron 82 of 129 12 BUILDING • In the first quarter of this fiscal year, a total of 70 new single-family homes were issued building permits. New single farm residence permits remained at the same level as the fourth quarter of last fiscal year. Other permits of significance include 1 ne manufactured home, 1 new commercial building, 0 commercial additions, 0 commercial alterations, 0 commercial build oul lresidential addition and 85 residential alterations. In all, 1006 building permits were issued in the first quarter. Overall permitter in the first quarter has decreased by 8%. • Total number of inspections for the first quarter was 4,281 for an average of 70 building inspections per working day. The numb of inspections for the first quarter has increased slightly from the fourth quarter. • The number of Certificates of Occupancy issued for the fourth quarter included 55 new single family residences, 0 manufactur( homes, 0 commercial certificates of occupancy, 0 commercial temporary certificates of occupancy and 1 commercial certificate completion. • The following lists the Business Tax Receipt activity for the first quarter: new businesses-29, renewals-214, transfers-1, duplicate 0, home based businesses-24, commercial businesses-5, insurance companies-4, vacation rentals-5 and solicitor registrations-3 There were 82 new Contractor registrations. In addition, there have been 187 requests for permit records on properties within d city from lien/title companies. • During the first quarter of this fiscal year the large volume of residential construction activity has continued at the same pace as tl last 3 quarters. The commercial construction inspection activity has increased from the projects that were recently permitted. E reported in the fourth quarter, the building department reached out to our private provider partners that we have contracts wi looking for additional inspector and plans review help. We were successful in getting one person who is multi -certified f residential inspections and has a structural plans review license. His presence has helped this department tremendously wi inspections and plans review, but now the Private Provider Company is splitting his duties with the City of Sebastian and oth municipalities. This is very disturbing since we are in desperate need of additional help. We continue to get no qualified applican for the building inspector position that we have advertised going on three straight years. 83 of 129 13 'm u' SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 23, 2022 Agenda Item Title: Utility Easement to Florida Power & Light Company (FPL) Recommendation: Authorize Resolution R-22-09 authorizing a non-exclusive Utility Easement to FPL as it relates to the installation of electrical power to a future aerating fountain at Cownie Pond near the intersection of Cheltenham Street and Brookedge Terrace. Authorize the City Manager to execute the appropriate documents. Background: FPL is currently working throughout the City of Sebastian on moving the powerlines underground. In our review of FPL's plans near the Cownie Pond, we found it advantageous to coordinate power for a new aeration fountain at the pond to help increase oxygen levels in the pond, decrease nitrogen levels, limit accumulation of muck, and improve water clarity. Installing this transformer at the same time as the rest of the undergrounding project removes the cost to retrofit the area at a later date. This easement will allow FPL to provide electric services per the attached sketch, which is a sketch of the legal description. The FPL Easement Form will be completed on-line following City Council's approval of the easement. If Aqenda Item Requires Exaenditure of Funds: Budgeted Amount: NIA Attachments: 1) FPL Easement Form 2) Resolution R-22-09 Administrative Services Departure Review; _ City Attorney Review: Procurement Division Review, if pplicabl City Manager Authorization: " Date: 84 of 129 Work Request No. 10201718 Sec.24 Twp 31S,Rge 38E Parcel I. D. 31382400001251000000.1 (Maintained by County Appraiser) UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Katie Hudson, Project Manager Co. Name: Bowman Consultinq Group Address: 301 SE Ocean Blvd, Suite 301 Stuart, FL 34994 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: Reserved for Circuit Court See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: Print Name: Print Name: (Witness' Signature) (Witness) (Witness' Signature) (Witness) ,20 CITY OF SEBASTIAN, A FLORIDA MUNICIPALITY INCORPORATED UNDER THE LAWS OF THE STATE OF FLORIDA By: Print Name: Print Address: 1225 MAIN ST By: Print Name: Print Address: SEBASTIAN, FL 32958 STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this by (Date) and produced (Type of Identification) My Commission Expires: ID 127 [ ] who is (are) personally known to me or [ ] has (have) as identification or who did (did not) take an oath. Notary Public, Signature Print Name Page of 85 of 129 o< a Z a ao' ( IN FEET ) i inch = 40 ft. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 40' LEGEND A = ARC LENGTH D.U.E. = DRAINAGE AND UTILITY EASEMENT LB = LICENSED BUSINESS LS = LICENSED SURVEYOR LTD. = LIMITED NO. = NUMBER (P) = PLAT P.B. = PLAT BOOK PG. = PAGE R = RADIUS R/W = RIGHT-OF-WAY ®= EASEMENT SURVEYOR'S NOTES: SKETCH AND DESCRIPTION THIS IS NOT A SURVEY TRACT "D„ BLOCK 251, PLAT BOOK 6, PAGE 37 30' DRAINAGE RIW- 2 "'D, / 0 3 �o`�o / / \ NQQ / LOT 10, / BLOCK 251, / PLAT BOOK 6, / PAGE 37 1. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2. THE BASIS OF BEARING IS THE NORTHEASTERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF N 34°20'20" W. 3, NO FIELD WORK WAS PERFORMED. 4. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. LEGAL DESCRIPTION: THE NORTHWESTERLY 10.00' OF THE SOUTHEASTERLY 35.00' OF THE SOUTHWESTERLY 10.00' OF TRACT "D", BLOCK 251, SEBASTIAN HIGHLANDS UNIT 10, PLAT BOOK 6, PAGE 37 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ADDRESS: 1371 COWNIE LANE, SEBASTIAN, FLORIDA. Bowman C O N S U L T I N G SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. BRION D. YANCY DATE OF SIGNATURE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT Bowman Consulting Group, Ltd., Inc. Phone: (772) 249-0733 EASEMENT 10815 S.W. Tradition Square Port St. Lucie, FL 34987 www.bowmarcorsulting.com ©Bowman Consulting Group, Ltd. I INDIAN RIVER COUNTY FLORIDA PROJECT No. 100207-01-008 1 REVISED DATE: DATE;Feb. 14, 2022 Professional Surveyors and Mappers, Certificate NO. LB-8030 I CARD FILE: EXHIBIT 127 DCR JWR NO. 10201718 I SCALE:1' = 40' r 1 OF 1 FILE: V \100207 — PIKE—FPL\100207-01-008 (SUR) — PIKE FPL NORTH 2O21 — FELLSMERE\SJRVEY\FELLSMERE 12\SURVEY\QS\EXHISIT 127 DCR 66 M3 RESOLUTION NO. R-22-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE EASEMENT WITH FLORIDA POWER AND LIGHT (FPL) PROVIDING ELECTRICAL SERVICE ALONG CHELTENHAM STREET FOR A FUTURE AERATING FOUNTAIN ON SEBASTIAN MUNICIPAL PROPERTY AT COWNIE POND; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, Florida Power and Light (FPL) requires an easement to provide power for a future aerating fountain at Cownie Pond and Whereas, the City of Sebastian agrees to the non-exclusive conditions an easement, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to Execute said non-exclusive easement with Florida Power and Light Company 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 The 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 arid, upon put to a vote, the vote was as follows: 87 of 129 RESOLUTION R-22-09 Page 2 Mayor Jim Hill Vice Mayor Fred Jones Council Member Bob McParklan Council Member Chris Nunn Mayor Ed Dodd The Mayor thereupon declared this resolution duly passed and adopted this 23rd day of February, 2022. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., ESQ City Attorney 88 of 129 OTl CY 5ASTi& HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: February 23, 2022 Aeenda Item Title: Kimley-Horn and Associates, Inc. CSA#5 Land Development Code Revisions - Phase II Recommendation: Approve CSA#5 in accordance with Attachment A: Scope of Services Phase 2 dated February 15, 2022 Background: Kimsey -Horn and Associates, Inc. (KHA) were selected from our existing library of continuing consultants to provide Phase 1 and Phase 2 services for the update of the Land Development Code in conformance with the Comprehensive Plan 2040. KHA has a Master Agreement with the City of Sebastian entitled Non -Exclusive Agreement for Continuine Professional Plannine and Landscane Architect Consulting Services Dated January 25.2018. KHA was awarded CSA#4 for Phase 1 services in September 2021 for Code Assessment and formulation of Incentives/Transfer of Development Rights Program. KHA will provide additional services in compliance with the scope of services identified in Attachment A, specifically Phase 2 (Phase 1 is provided for reference purposes only and not provided as part of this CSA). The work/project will include: Code Assessment Matrices for additional code provisions; draft: code standards and graphics for Mixed Use, Heavy Industrial, RM-10, and Parking. If Auenda Item Reauires Expenditure of Funds: Budgeted Amount: $50,000.00 Total Cost: $50,000.00 Funds to Be Utilized for Appropriation: General Fund Attachments: 1. CSA #5 2. Attachment A. Scope of Services Phase 2 Administrative Services?Depa4rtmeniew• 1-1City Attorney Review: Procurement Division R, if applicable,//'t City Manager Authorization Dater Z 89 of 129 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) KIMLEY-HORN AND ASSOCIATES, INC 1777 MAIN STREET, SUITE 200 SARASOTA, FL 34236 Work Authorization No: CSA - 95 Proiect Title: Code Assessment Phase 2 — Mixed Use, Heavy Industrial, RM-10, and revised parking standards IT IS AGREED to undertake the following work in accordance with the provisions of the KIMLEY-HORN AND ASSOCIATES, INC., Master Agreement entitled Non -Exclusive Agreement for Continuing Professional Planning and Landscape Architect Consulting Services Dated January 25, 2018. Description of Assignment: Kimley-Hom and Associates, Inc (Consultant) will provide the scope of services Identified in Attachment A, specifically Phase 2. The worklproject will include: 1. Pricing Description Quantity Con Pc d Unit TOTALS I I CODE PROVISIONS (Mixed Use, Heavy Industrial, 1 50,000 50,000 RM-10 and Revised Parklna) � I 2. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity f a. Code assessment matrices— specific to additional code provisions 1 b. Mixed Use, Heavy Industrial, RM-10. Parkin4 code provisions 1 I I , Basic of Compensation/Period of Services: The above referenced description for CSA # will be performed for a fee in the amount of <$�. AGREED: VENDOR: 9. Kelley ) -op; r,' AI_C Vice -President Kimley-Horn and Associates, Inc Attest: Jeanette Williams, MMC, City Clerk Date: 1j /?0rL2_ CITY OF SEBASTIAN: Date: Paul E. Carilsle City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Manny Afibn Jr., Esq., City Attorney 90 of 129 Kimley»)Horn ATTACHMENT A Scope of Services City of Sebastion, July 27, 2021, Revised August 26, 20,21 Revised Februory 15, 20,22 Page 1 Pursuant to the provisions contained in the Master Services Agreement between City of Sebastian and Kimley-Horn and Associates, inc. ("Kimley-Horn" or the "Consultant"), we are pleased to submit this Scope of Services (the "Scope of Services") to the City of Sebastian (the "City" or "Client") to provide professional consulting services to assist with the update of limited portions of the City's Zoning Code as noted below. The following details the scope of services for the Code update. Note, revisions as identified below are understood to include revisions based on the consolidated comments provided by the City staff to the Consultant and do not include minor revisions, clarifications of questions or grammatical revisionsledits. CSA #4: PHASE 1 — CODE ASSESSMENT AND TRANSFER OF DEVELOPMENT RIGHTS (Lump Sum: $15,00D) -- !Vote: PHASE 1 is provided for reference only TASK 1.1: ISSUE IDENTIFICATION Kimley-Horn will initiate the process through an initial project orientation meeting with City staff (Note, it is understood this initial meeting will be provided by MS Teams, Zoom or similar). Kimley-Horn will meet one time with staff to discuss communication protocols, project approach, Code considerations: schedu3e, and deliverables. The project orientation will be planned within no more than two weeks of notice to proceed (NTP). Kimley-Horn will coordinate with staff to obtain available information, including records of previous planning and deveiopment-related applications and variances, including GISlzoning data. Kimley-Horn will review the City's existing Zoning Code and prepare a brief summary (written evaluationimatrix) including review based on the City's recently adopted Comprehensive Plan specific to the items below: • A written evaluation of the current Zoning Code and Land Development Regulations specific to the proposed Mixed Use provisions; • A written evaluation of the current Transfer of Development Rights (TDRs) including possible incentives; • A written evaluation of the current Industrial Zoning, RM-1 U Zoning and Parking Standards. • Recommendations based upon the consistency analysis and recommended best practices from similar communities Eased on the items listed above. Kimley-Horn will review the matrix with City staff via a teleconference call. TASK .2: TRANSFER OF DEVELOPMENT RIGHTS/INCENTIVE PROGRAM A. Kimley-Horn will coordinate an initial conference call with City staff one (1) time as a Project Kick - Off, assumed to be the same meeting as the meeting in Task 1. B. Using the information prepared above, Kimley-Horn will prepare a summary technical memorandum outlining the approach to the City's recommended TDR program AND INCENTIVES consistent with the Comprehensive Plan policies. It is understood no valuation or property analysis is provided as part of this code research and development. 94 t .379,7600 �a.-IJ • Kimley>»Horn City of 5ebastion, July 27, 2021, Revised August26, 2021 Revised February 15, 2022 Page 2 C. Kimley-Horn will prepare a draft set of TDR standards based on the technical memorandum prepared previously. The draft will identify the form, contents, and structure of the updated TDR Code provisions for review and comment by the City. Due to the nature of the code provisions, no graphics or illustrative items will be prepared. D. Kimley-Horn will revise the draft standards up to two (2) times based on client directed comments. CSA #5: PHASE 2 — CODE DEVELOPMENT (Lump Sum: $50,000) TASK 2.1: CODE PROVISIONS TASK 2.1 builds off of the previous tasks and begins creating the respective Codes (Mixed Use, Heavy Industrial, RM-10 and revised parking standards) and related provisions. The Draft document will be provided to City Staff for review and comment including general provisions, districts, and uses and development and design standards. It is understood City Staff will consolidate all comments and provide one (1) set of comments to Kimley-Horn for revision. A. Kimley-Horn will prepare the preliminary draft implementing regulatory standards in a discussion format. Specifically, Kimley-Horn will prepare a draft set of district development standards based on the recently adopted Comprehensive Plan policies that will include regulatory standards specific to Mixed Use, Heavy Industrial, RM-10 and Parking Standards. As part of this assignment, we will provide preliminary illustrative graphics based on I including graphics previously prepared by Kimley-Horn for other communities as part of similar Code preparations. The graphics are understood to be general and not specific to one property or project within the City. The Mixed Use, Heavy Industrial and RM-10 are understood to include the following for each district: • Bulk development standards addressing lot and site layout based on the development standards recommended in the district standards including a list of permitted and prohibited uses; • Standards for parking lot, signage, landscape buffers and generalized building design standards (specific to the Mixed Use code provisions); • Up to four (4) Landscape buffer types that may be used for the City's respective zoning districts. The Parking standards are understood to include recommended parking rates/ratios for the City's list of uses including opportunities for an alternative parking plan; also includes standards for parking lot design (i.e., interior landscaping and perimeter buffering; no engineering or similar is proposed). B. Kimley-Horn will complete the Draft document, including graphics, and provide to City staff for review and comment. It is understood City staff will consolidate all comments and provide one set of comments to Kimley-Horn for revision. Kimley-Horn will revise the Draft documents up to two (2) times based on City staff comments. It is understood based on previous discussions with the City staff that staff will schedule, attend, and summarize any neighborhood and community outreach events, stakeholder workshops, public 1777 Main Street, Suite 200, Sarasota, FL 34236 941.379.760p • Kimley»>Horn City of Sebastion, July 27, 2021, Revised August 26, 2021 Revised Fehruory 15, 2022 Page 3 hearings or similar, Kimley-Horn's services are limited to the development of the Code and refinement based on City directed comments. Additional Services Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: • Meetings, workshops, public hearings and similar beyond those identified above. Depending on the nature of the meetings, workshops and or public hearings, additional items in this category typically range between $1,500 - $2,500 per meeting. • Post Code adoption Comprehensive Plan /Land Use Plan amendments (scope and fee to be provided post adoption based on the agreed upon amendments). • GIS information creation, analysis or manipulation of data, or the creation of infrastructure information from non-GIS sources (i.e., conversion from hard copies/pdf). It is understood the City's zoning map and related information is parcel based and not polygon based (not tied to parcels). • Additional revisions beyond those referenced in the above scope of services. Due to the nature of revisions, a typical range for revisions is not possible to provide. Consultant can provide a detailed scope and fee for a specific revision upon request by the City. • Any additional Community Planning, urban design, economic and engineering studies and Codes other than prescribed in this scope. • Development of design and or architectural standards. • Development of User's Administrative Manual. • Additional reproduction needs for draft/final documents referenced in the above scope of services. COVID-19 Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kmley-Horn, the Client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Nam will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays expenses, losses, or damages of any kind arising out of the impact of the COVID-19 Virus. Fee and Expenses Kimley-Horn will perform the services in PHASE 1 identified above for the lump sum fee of $15,000. PHASE 2 identified above for the lump sum fee of $50,000 is provided for reference purposes only at this time and is not being authorized by the City as part of this agreement. Meetings are identified as TI3D and are understood not to exceed the fees identified above for each meeting. 941.379.7600 ri.iJ V40, City of Sebastian, July 27, 2021, Kimley>)) Horn Revised August26, 2021 Revised February 15, 2022 Page 4 G:1Marketlng\Propose%City of &ebasUan1 I0 TA5K 01 07262021 SebasUan_Mixed Use District Code limited scope_BKK.docx 941.379.76QQ an �� SEWkSTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: February 23, 2022 Agenda Item Title: Approve Grant Administration Services from Guardian CRM, Inc. for CDBG Entitlement funding for Annual Action Plan FY 2021/2022. Recommendation: The Community Development Department recommends that the Council APPROVE GUARDIAN CRM, INC. Consultant Service Agreement (CSA) #4 for FY 2021/2022 grant administration services. Backaround: The City of Sebastian received notification of Fiscal Year (FY) 2021 allocations for the CDBG program through the Office of Community Planning and Developments (CPD) formula programs in the amount of $133,517 (Attached). The City of Sebastian Community Development Department presented the FY 2021/20:22 Annual Action Plan in June 2021 to the City Council identifying the third programmatic year specific objectives and outcomes under the CDBG annual entitlement funds. The allocated funding will be incorporated into the established Home Repair/Rehabilitation program for Veterans, Elderly and the Disabled. The services provided under CSA #4 will be the same list of services in the CDBG Administration Services Agreement (RFP 19-12). CDBG federal guidelines require that administration services do not exceed 20% of the allocated amount. Consultant will be required to submit detailed invoicing to show amount of hours used to provide services to the City based on the hourly rates submitted in response to RFP 19-12. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $26,703.40 Total Cost: $20,000.00 Funds to Be Utilized for Appropriation: CDBG Entitlement Attachments: 1. CSA #4 — Guardian CRM, Inc. 2. Award Letters of CDBG funding Administrative Services Depart n evie� City Attorney Review: Procurement Division Rev ew, if a plicab! nl City Manager Auth3k' 'zation: ice' Date: r7`�' %% !/ 95 of 129 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Guardian Community Resource Management (CRM) Inc. 15000 Citrus Country Drive, Suite 331 Dade City, FL 22523 Work Authorization No: CSA - #4 (RFP 19-12) Proiect Title: CDBG Administration 2021/22 Action Plan IT IS AGREED to undertake the following work in accordance with the provisions of the Guardian CRM Inc., Master Agreement entitled CDBG Administration Services Dated December 1, 2019. Description of Assignment: Guardian CRM Inc. will provide CDBG administration services for CDBG Entitlement funding. The work/project will include: 1. Contract Administration CDBG Contract Administration including full grant compliance of the 2021/22 CDBG Entitlement funding using the same list of services in the base contract for regular CDBG grant administration. 2. Vendor's Responsibility To provide the services as outlined in the agreement for CDBG administration. --- _ Description 4.1 4.2 1. Pricing Description Contrail Administration (not including advertisement costs and CRY. admin costs �^a,, 5%) Quantity Contracted unit o.e,. 1 20,000.00 2. Deliverables Provided to the Cily (surveys, plans, etc.) F -- Description_ — a. same as outlined In the agreement. _ c. Basic of CompensatlonlPeriod of Services: The above referenced description for CSA # 4 will be performed for a flat fee in the amount of $20,000,00. AGREED: VENDQR: l` t:Atday- P_res nl uardian CRM Inc. Attest CITY OF SEBASTIAN: Date:) // I / ? -'� Paul E. Carlisle City Manager Estimated Hours T TOTALS 20,000.00 J Quantity Date: Approved as to Form and Content for Reliance by the City of Sebastian only: Jeanette Williams, MMC, City Clerk 9-6 of 129 Manny Alidn Jr., Esq., City Attorney U. S. Department of Housing and Urban Development Jacksonville Field Office Charles Bennett Federal Building 400 West Bay Street Suite 1015 Jacksonville, Florida 32202-4439 Director Lisa Frazier City of Sebastian Community Development 1225 Main St. Sebastian, FL 32958 Dear Director Frazier: SUBJECT: FY21 Grant Agreement Transmittal Letter The Jacksonville Florida Field Office would like to thank you for your continued partnership in providing quality affordable housing, a suitable living environment, and expanding economic opportunities for low -and moderate -income persons through HUD programs. On Thursday, June 10, 2021, the Department published an interim final rule with a request for comments, titled: Requesting Affirmatively Furthering Fair Housing Definitions and Certifications (86 Fed Reg 30779). The effective date for the interim rule is July 31, 2021, and you are encouraged to review the interim rule in developing your programs. Enclosed are the Grant Agreements for the following programs: Community Development Block Grant Program (CDBG) $133,517 Total FY 2021 Award $133,517 Transmittal of these Grant Agreement/s does not constitute approval of the activities described in your Consolidated Plan. You are reminded that you, as grantee, are responsible for ensuring that all grant funds are used in accordance with all program requirements. An executed Grant Agreement is a legally binding agreement between the Department of Housing and Urban Development and City of Sebastian Community Development. To establish a Line of Credit for Fiscal Year 2021 grants, it will be necessary for your agency to sign, execute and return one (1) copy of the Grant Agreements. if there is a need to add or remove individuals authorized to access the Integrated Disbursement information System (IRIS), please submit an IRIS Online Access Request Form (HUD 27055). Also, please ensure the IDIS Online Access Request Form is notarized and returned to this office with your Grant Agreements. Additionally, if there is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit Sign -Up form (SF-1199A) must be completed by your financial institution and retumed to this office with a copy of a voided check. In accordance with the HOME regulations at 24 CFR 92.254(a)(5), a Participating Jurisdiction (PJ) must establish resale and/or recapture requirements that comply with the standards of the regulation. Furthermore, the resale and/or recapture requirements must be set HUD's mission is to create strong, sustainable, inclusive communities and quality, affordable homes for all. www.hud.gov espanot.hud.gov 97 of 129 forth in the PJ's Consolidated Plan. HUD must determine if the PJ's provisions comply with the requirements of the regulations and notify the PJ in writing of its determination. HUD has reviewed the City of Sebastian's resale and/or recapture provisions and has determined that the provisions included in the Plan complies with the requirements at 24 CFR 92.254(a)(5). If applicable, please note the special condition in your CDBG Funding Approval/Agreement. You are reminded that certain activities are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures). Funds for such activities may not be obligated or expended until HUD has approved the release of funds in writing. A request for release of funds (RROF) must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no RROF is required. Please execute two (2) copies of the CDBG Funding Approval/Agreements with electronic signature/s. In response to COVID-19, HUD authorizes you to electronically execute the grant agreements with your electronic signature. Return one (1) of each of the agreements to this office to the attention of Lisa A. Hill, Director, Community Planning and Development. Please ensure the Chief Elected Official and/or authorized designee electronically signs the CDBG grant agreement in the box directly across from the HUD CPD Director's signature. The CDBG Funding Approval/Agreement should not be electronically signed in box 12c. Maintain a copy of each of the agreements with your original signatures on site in your program files. For additional information and guidance on grant -based accounting, please refer to the HUD Exchange at: https://www.hudexchange.info/manA&e-a-proygain/ rant-base-accountinal. HUD congratulates the City of Sebastian on its grant award, and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information of assistance, please contact Shelena Hawkins, CPD Representative at (904) 208- 6078 or Shelena.F.Hawkins a hud.aov. Sincerely, LISA HILL W1.L18v.,. pN; CN =LISA HILL C . O5 0 = U. 9 GWW,M"n..=D.P. nn u' H.-I,g ■nd W6en I]evelo"nt 6mce of Cw M_u y Planning end oev.bpnsm oete:7p7t.+zatoe:ee:toos'oo• , Lisa A 1-1111, Ulrector, Office of Community Planning and Development Enclosures: FY2021 CDBG Grant Agreements and Special Conditions 98 of 129 moor $EST," HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 23, 2022 Aqenda Item Title: Approve Hanson Professional Services, Inc. Work Services Agreement to perform Construction Engineering Inspection (CEI) Services involving the construction of two (2) Square hangar buildings on Sebastian Municipal Airport; and authorize the City Manager to execute the related documents. Recommendation: Staff recommends approval of a Work Services Aqreement in favor of Hanson Professional Service, Inc. in the amount of $21,497 to perform Construction Engineering Inspection Services involving the construction of two (2) Square hangar buildings on Sebastian Municipal Airport; and authorize the City Manager to execute the related documents. Background: On September 22, 2021, City Council passed Resolution R-21-24 approving a FDOT Public Transportation Grant Agreement (PTGA) allowing $720,000 in funds to construct two (2) square hangars at Sebastian Municipal Airport. On February 9th, Council selected Ahrens Companies as the design -build firm for this project. Ahrens is in the process of developing conceptual plans and preparing a GMP proposal for construction of the hangars. Following Council approval of the GMP proposal, Ahrens will proceed with final plans to secure building permits leading to the construction of the hangars. This agenda item speaks to the assignment of Hanson Professional Services to perform Construction Engineering Inspection (CEI) Services on the project. Hanson Professional Services is a CCNA partner with Sebastian Municipal Airport. These services are funded by a state FDOT grant (80%) and 20% from DST funds. This Agenda Item Does Not Reauire the Exnenditure of Funds PROJECT BUDGET: $720,000.00 SERVICE AGREEMENT COST: Not to Exceed $21,497.00 Source of Funds $17,197.60 - FDOT PTGA Grant 80% Attachments: $ 4,299.40 - DST 20% Hanson Work Services Agreement Attachment "A" Scope of Services Administrative Services Depart tt Review, City Attorney Review: - r Procurement Division R view, if applicable- City Manager Authorization Date: �') 2 G 99 of 129 WORK SERVICES AGREEMENT HANGAR CONSTRUCTION FOR SEBASTIAN MUNICIPAL AIRPORT CITY OF SEBASTIAN, FLORIDA AGREEMENT APPROVED BY CITY COUNCIL: February 23. 2022 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and HANSON PROFESSIONAL SERVICES, INC. (Service Contractor) 2. Designated Contact Person as to City Scott Baker (PROJECT MANAGER) Airport Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8113 Cell: 772-633-0897 Email: rbaker@cityofsebastian.org 3. Designated Contact Person as to the Service Contractor: Blake Swafford, Vice President Hanson Professional Services, Inc. 6230 University Parkway, Suite 202 Sarasota, FL 34240 Phone: 321-2 I4-9315 Email: BSwafford@hanson-inc.com 4. Guaranteed Maximum Price (GMP). Hanson Professional Services, Inc. agrees to perform the Construction Engineering Inspection Services outlined in the Scope of Services Attachment "A" to this document as it pertains to the construction of two (2) Square building hangars at Sebastian Municipal Airport under FDOT Project #f FM 445949-1 for the Guaranteed Maximum Price of $21,497.00. 5. Proieet Time. The timeline for this agreement begins on March 1, 2022 and shall run uninterrupted through the completion of construction and the issuance of the Certificate of Occupancy. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Document. • ATTACHMENT "A" — Scope of Services and Fee Services — Sebastian Municipal Airport — (2) Square Hangar — Construction Services Additional Agreement Documents include the Notice to Proceed (NTP), Purchase Order(s), Contract Amendments and Change Order(s). 7. Liquidated Damases. If the Service Contractor fails to perform services on any given scheduled work day, the City shall be entitled to retain or recover, as liquidated damages and not as a penalty, the sum of $500.00 Der calendar day. Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a result of unfulfilled service cleaning obligations on the part of the Engineer Consultant. The City may deduct liquidated damages from any unpaid amounts due the Engineer Consultant under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Engineer Consultant shall be payable to the City at the demand of the City, together with interest from the date of the demand at the maximum allowable rate. 8. City Funds. If sufficient funding is not available for Design -Builder to complete the Work, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any available funding_ If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted prior to the Design -Builder's completion of its Work, the Agreement shall be terminated on terms reasonably acceptable to both parties. City of Sebastian, Florida 1 Hanson Professional Services, Inc. 1500 Of 129 Construction Engineering Inspection Services - Square Hangars - FDOT # FM445949-1 Page 1 of 9. Service Team. The Service Contractor shall provide names and roles of the Service Team assigned to the project, for approval by the City. If any member of the Service Team permanently discontinues service, Engineer Consultant shall promptly replace such team member with a qualified individual approved by the City, in writing, which approval will not be unreasonably withheld. 10. Citv's Proiect Manaser. All Work done by the Service Contractor shall be subject to the review, inspection and acceptance by the City's Project Manager or their designee. Any and all technical questions which may arise as to the quality, completeness and acceptability of Work performed, or Work to be performed, interpretation of the Engineer Consultant and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Engineer Consultant shall be referred to the City's Project Manager or their designee who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. 11. Schedules. Retorts and Records. The Service Contractor shall submit to the Project Manager schedules, progress schedules, records, reports, and any other data, as related to the provision of the Work covered under the Agreement or as requested by the Project Manager 12. Initiated Changes. If Service Contractor initiates a substitution, deviation or change in the work which affects the scope or the expense of work, the Service Contractor shall be liable for the expense thereof, and any incidental extra work created by the change. 13. Termination for Convenience. Upon ten (10) days' written notice to Service Contractor, the City may, for its convenience and without cause, elect to terminate this Agreement. In the event of termination, City will be responsible for compensating the Service Contractor only for the Work satisfactorily completed or partially completed up to the date of termination. Service Contractor shall not be entitled to compensation for loss of anticipated profit. 14. Insurance. During the term of the Agreement, the Service Contractor, at its sole expense, shall obtain and maintain insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of the Service Contractor. The Service Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Service Contractor's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 14.1 Minimum Insurance Reauirements. The coverage's, limits or endorsements required herein protect the primary interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect the Service Contractor against any loss exposures. All insurance policies shall name and endorse the following as additional insured(s): the Citv of Sebastian and its Citv Council members. officers. emplovees and aeents. an amount not less than: Commercial • $500,000 Combined Single Limit per each occurrence. Comprehensive • $50,000 Fire Damage Limit Liability • $5,000 Medical Expense Limit an amount not less than: Professional Liability • $5,000,000 Per Claim Limit • $5,000,000 Aggregate Limit an amount not less than: Automobile Liability • $500,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit In accordance with Florida Statutes 440, maintain worker's compensation insurance to Worker's the extent required by law for all their employees to be engaged in work under this Compensation contract. City of Sebastian, Florida 1 Hanson Professional Services, Inc. g1 Of 129 Construction Engineering Inspection Services - Square Hangars - FDOT # FM445949-1 Page 2 0 15. Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Work completed to the satisfaction of City. 15.1 Pavment Requests/Invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of Service Contractor's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 15.2 Progress Payments. 15.2.1 1st Annlieation for Pavment. The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, the Service Contractor shall submit to City, for its review and approval: A schedule of values based upon the GMP, listing the major elements of the Work and the dollar value for each element; and 15.2.2 MonthIv Anolications for Pavment. Service Contractor shall submit each of its Applications for Payment to the City on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) Return the Application for Payment to Service Contractor indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Service Contractor may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to Service Contractor's firm shall in no way imply approval or acceptance of Service Contractor's work. 15.2.3 Withheld Pavments, The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise due to Service Contractor under this Agreement, to such extent as may be necessary in the City's opinion to protect it from loss because of: (a) defective Work not remedied; (b) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; or (c) any other material breach of the Contract Documents. If these conditions are not remedied or removed, City may, after three (3) days written notice, rectify the same at the expense of the Service Contractor. City may also offset against any sums due to Service Contractor the amount of any liquidated or un-liquidated obligations of the Service Contractor to the City, whether relating to or arising out of this Agreement. T141S PAGE INTENTIONALL LEFT BLANK City of Sebastian, Florida / Hanson Professional Services, Inc. 102 of 129 Construction Engineering Inspection Services - Square Hangars - FDOT # FM445949-1 Page 3 of 5 15.2.4 Final Pavment. City shall make final payment to Service Contractor within thirty (30) calendar days after the Work is inspected and accepted by City in accordance with Section 10 herein provided. The Service Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Service Contractor against City arising out of this Agreement, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of City's right to enforce any obligations of the Service Contractor hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 16. Public Records: Service Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, Service Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Service Contractor will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion of the Agreement if the Service Contractor does not transfer the records to the City. Upon completion of the Agreement, Service Contractor will transfer, at no cost, to the City all public records in possession of the Service Contractor or keep and maintain public records required by City to perform the service. If Service Contractor transfers all public records to City upon completion of the Agreement, Service Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Service Contractor keeps and maintains public records upon completion of the Agreement, Service Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If Service Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF THE SERVICE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SERVICE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams rr.cityofsebastian.org; PHONE: 772-388-8215. 17. Indemnification. The SERVICE CONTRACTOR shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, Iosses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SERVICE CONTRACTOR and other persons employed or utilized by the SERVICE CONTRACTOR in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the SERVICE CONTRACTOR shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and SERVICE CONTRACTOR shall pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 18. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 19. Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. City of Sebastian, Florida 1 Hanson Professional Services, Inc. 193 Of 129 Construction Engineering Inspection Services Square Hangars - FDOT # FM445949-1 Page 4 of 20. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 21. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN: ("City"} M Paul E. Carlisle CITY MANAGER HANSON PROFESSIONAL SERVICES, INC.: ("Service Contractor") M Blake Swafford, Vice President City of Sebastian, Florida 1 Hanson Professional Services, Inc. jP4 of 129 Construction Engineering Inspection Services - Square Hangars - FDOT # FM445949-1 Page 5 of Hanson Professional Services Inc. Services: <0!HANSON Attachment "A" - Scope of Services Sebastian -Roseland Municipal Airport Hangar Construction — Construction Services The Scope of Services to be provided is limited to items described below. Additional services, if required, may be subsequently authorized by the owner as a separate or amended task order. Part 1 - Construction Administration 1. Provide General Construction Administrative services as needed. 2. Attend Preconstruction Meeting. Prepare meeting agenda, sign -in sheet, and meeting notes. The meeting notes and sign -in sheet will be electronically distributed to attendees. 3. Review of submittals. Respond to requests for information (RFI) and site visits. 4. Construction Progress Meetings/Coordination. Project staff to participate (by phone conference) in construction progress meetings/coordination to discuss and coordinate project specifics with airport staff and/or contractor. 5. Construction Site Visits. Engineering staff to make up to two (2) site visits to observe construction progress, general character and quality of the work. 6. Evaluate Contractor Pay Requests. Review Contractor pay requests and recommend payment, including adjustments in accordance with the contract documents. 7. Review and process contractor requests for change orders. 8. Project Closeout. Assemble and submit final project records. Part 2 - Construction Monitoring - RPR 1. Construction Site Visits. Project staff to make up to ten (10) site visits to observe construction progress for general conformance and quality of work to the contract documents. 2. Substantial completion observation. Attend a substantial completion walkthrough and issue a punch list of items to be completed prior to final acceptance. 3. Perform a final inspection and observations of punchlist items. 4. Coordinate with the contractor to provide final project record drawings. QUALIFICATIONS: Our services shall be limited by the following Qualifications: 1. Direct expenses related to the project, such as travel and per diem will be reimbursed at the allowable FDOT rates. 2. Only those services identified above are included in this Agreement. End of Scope of Services 105 of 129 A77ACHEMENT A FEE SUMMARY SEBASTIAN-ROSELAND MUNICIPAL AIRPORT HANGAR CONSTRUCTION CONSTRUCTION ADMINISTRATION AND RPR SERVICES Task Task Description Total Cost Total Hours Project Project Construction Clerical Manager Engineer Observation Admin 11 E!A/S VII EINS VI Tech VII $225 $176 $125 $85 Part 1 - Construction Phase Services General Construction Administration/Coordination $ 1,239 i 7 2 4 11 Pre Construction MeatirvorMinutes $ 676 1 5 1 4 I Submittal/Shop Dnawina Reviews $ 2.1331 13 1 8 4 Respond to Contractor Request For Information $ 8271 5 1 21 2 Pav Requests $ 651 1 4 1 1 21 1 Change Orders $ 651.1 4 1 1 _ 21 Project Closeout _. _ ._.. $ 961 j 6 1_ 1 4 Sub -Total: $ 7,078 44 7 18 itt 1 Part 2 - Additional Construction Services j Resident Project Representative lnidal Project Revlew/Prep Time $ 1.060 6 6 10 Project Site Visits during construction $ 10,000 Ro 801 ProlectlConstructi,m Coordination & BI-Weekly Meetings $ 1,006 8 I 8I Substantial Carrpletlon/Punch List and Final Inspection $ 1,506 1 12 12 Record Draw_lrns $ 676 1 5 1 41 Sub -Total: $ 14,176 113 0 1 112 0 TOTAL - BASIC SERVICES $ 21,254 DIRECT COSTS - BASIC SERVICES Travel__Almort (10 trios ,'& 45 miles roundtriv X 5.541m11e) 5 243 ITesl1rw 'At cost ulus 5% If needed s, Sub Total: $ 243 Total Fee: $ 21,497 157.00 7,00 19.00 130.00 1.00 O O N CD Page 1 of 1 CA OF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 23, 2022 Aqenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Baker Family Wedding Rehearsal at the Community Center, Backqround: Suzanne Baker is seeking Council approval to serve alcoholic beverages at the Community Center on Friday, March 11th, 2022 from 5:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting 25 people. If Agenda Item Reauires Exoenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Departm t Rev i NIA City Attorney Review: NIA Procurement Division Review4, if plica e: NIA City Manager Authorization: Date: ,/; 7 A 107 of 129 CITY(N HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone. (772) 228-7054 FAX: (772) 388-8249 "For emergency purposes ONLY, please dial 172.473.0454 Date: 1 7 i hgL?__LJ Community Center ❑ Yacht Club ►-7, l i~ 6a yxc r Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) Physical Address City State Mailing Address (if different) Phone E-Mail Reason for Rental-- Type of Function .;ti 1 caj -r, n,e� Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date ' Time: From To ' Please answer the following yes or no: 1) Are you a resident of Sebastian? % 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? �1 If yes, please provide govt. issued ID proof of age 75-// � Date of Birth Verified by Zf 7k)T)A fJ_ , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that 1 am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for u!>e of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. �gnatu` of Applicant 108 of 129 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2341 Name d;<u n � "Azr� ❑ Cash Date �/ aw 6Check # / % ❑ Credit 001001 2080 1 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services ce- 11 V or 0!7 *-,Ly .6,/ 3 F //J�60, i Am ou t Paid 2 aib,o0 6L a 0 aco /10 / &?0' 602,a. LP Total Paid Inilials White - Dept. of Origin • Yellow - Admin. Svcs. - Pink - Applicant 109 of 129 LTF� lT SE TAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: February 23, 2022 A,aenda Item Title: Ordinance No. 0-22-05 — Amending Code Chapter 38 - Elections Recommendation: Hold first reading and at Council's discretion, set second reading and public hearing for March 23, 2022 Background: At the November 8, 2021 election, the electorate approved the Charter Amendment to change the candidate qualifying period to at least 81 days, but no more than 96 days prior to the day of election. Attachments: Current Code Sec. 38-2 provides for the previous time frame which should be changed to be consistent with the Charter Amendment. 0-22-05 Administrative Services Departme t Review - City Attorney Review: J Procurement Division R view, ' applicc�fle: City Manager Authorization: 6,zl� Date: 2 1-2 / 2 110 of 129 ORDINANCE NO.O-22-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CITY OF SEBASTIAN CODE OF ORDINANCES CHAPTER 38 ELECTIONS; PROVIDING SEC. 38-2 FORMS OF PETITION; FILING FEE, AMENDING THE QUALIFYING PERIOD; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Last year, the Indian River County Supervisor of Elections asked the municipalities to establish a uniform qualifying time frame to accommodate the printing of Vote -by -Mail ballots; and WHEREAS, The electorate of the City of Sebastian agreed to change the City's qualifying period to at least eighty-one (81) days but no more than ninety-six (96) days prior to the day of election at the November 8, 2021 election; and WHEREAS, The City's Code of Ordinances needs to be amended to coincide with the 2021 Charter Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. THE CODE OF ORDINANCES CHAPTER 38 ELECTIONS IS HEREBY AMENDED AS FOLLOWS: Sec. 38-2. - FORMS OF PETITION; FILING FEE. The city clerk shall furnish oaths as prescribed in section 38-1. Each candidate shall pay a qualifying fee of $25.00 to the city clerk at the time written acceptance is filed with the city clerk. Such filing fee shall not be refundable and shall be deposited into the general funds of the city to help defray election expenses. The oath together with the filing fee and other forms or documents required to be filed by candidates under Florida law shall be filed with the city clerk, not less than ei,ahty-one (81) sixty (60) days but no more than ninety_ -six (96) days prior to the election date. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact 1 111 of 129 such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the Sebastian City Council that the provisions of this ordinance shall become and be made a part of the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member acid, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Fred Jones Council Member Christopher Nunn Council Member Ed Dodd Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted on this day of 2022. CITY OF SEBASTIAN, FLORIDA ma Jim Hill, Mayor Pa 112 of 129 fill Lf SEAT" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetins Date: February 23, 2022 Auenda Item Title: Second amendment to the tower lease with CELLCO PARTNERSHIP, a Delaware general partnership d/b/a Verizon Wireless. Recommendation: Approve the second amendment to the CELLCO PARTNERSHIP, a Delaware general partnership d/b/a Verizon Wireless tower lease and authorize the City manager to execute the appropriate documents. Backsround: The current tower lease between the City of Sebastian and CELLCO PARTNERSHIP, a Delaware general partnership d/b/a Verizon Wireless ("Verizon") is set to terminate on July 23, 2022. The City has been in negotiations with Verizon on an amendment to extend the lease. Verizon has agreed to provide the City with a twenty five thousand ($25,000.00) dollar signing bonus upon execution of this amendment. The lease amendment allows for an initial term of five (5) years with four (4) additional five (5) year terms. The new termination date of the lease would be July 23, 2047 provided all additional terms are agreed upon. If Aqenda Item Requires Exuenditure of Funds: Budgeted Amount: NIA Attachments: 1) Second amendment to the tower lease. Administrative Services City Attorney Review: Procurement Division Review, if applica ~'> City Manager Authorization: Date: r -/7;1 Z 113 of 129 Lessee Site ID: Sebastian Police Tower / 118236 SECOND AMENDMENT TO GROUND AND TOWER LEASE AGREEMENT THIS SECOND AMENDMENT TO GROUND AND TOWER LEASE AGREEMENT ("Amendment") made and entered into effective as of the last date of execution shown below (the "Amendment Effective Date"), by and between CITY OF SEBASTIAN, a Florida municipal corporation ("LESSOR"), and CELLCO PARTNERSHIP, a Delaware general partnership d/b/a Verizon Wireless ("LESSEE"). LESSOR and LESSEE are at tunes collectively referred to hereinafter as the "Parties". WITNESSETH: WHEREAS, LESSOR and LESSEE, as successor -in -interest to PrimeCo Personal Communications, Limited Partnership, are party to that certain Ground and Tower Lease Agreement dated July 24, 1997, as modified by that certain Addendum to Ground and Tower Lease Agreement dated July 24, 1997, and as amended by that certain Amendment to Lease Agreement dated September 28, 1998 (collectively, the "Agreement"), pursuant to which LESSOR leases to LESSEE certain premises located at 1201 Main Street, Sebastian, Florida 32958 and as more particularly described in the Agreement; and WHEREAS, the Agreement has an original term (including all extension terms) that will terminate on July 23, 2022 (the "Original Term"), and the Parties desire to amend the Agreement to extend the Original Term and as otherwise set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. AMENDMENTS. The Agreement is hereby amended as follows: 1.1 Renewal Terms. Notwithstanding anything contained in the Agreement to the contrary: (a) LESSOR and LESSEE acknowledge that the Agreement is currently scheduled to expire on July 23, 2022, and the Parties hereby agree to extend the term of the Agreement for a period beginning upon July 24, 2022 and ending upon July 23, 2027 (the "Extension Term"). (b) Provided LESSEE has abided by the terms and conditions of the Agreement and is not then in default thereof, at the end of the Extension Term, LESSEE shall have the option to extend this Agreement for four (4) additional, successive five (5) year renewal terms; LESSEE shall exercise each such option by providing LESSOR with written notice of its intent to extend the term of the Agreement at least six (6) months prior to the end of the then current term. Should. LESSEE notify LESSOR in writing of LESSEE's intention not to renew at least six (6) months prior to the expiration of the then -current term, then the Agreement would terminate at the end of the then -current term.. (c) LESSOR shall have the option, at its sole discretion, to reject LESSEE's exercise of each option referenced in Paragraph 1.1(b) above and thus terminate the Agreement, provided, however, that any such termination shall not become effective until twelve (12) months after LESSOR provides LESSEE with written notice of LESSOR's rejection of the option. 114 of 129 Lessee Site 1D: Sebastian Police Tower / 118236 (d) During each renewal term, all terms and conditions of the Agreement shall remain in full force and effect. (e) If all such options to extend are exercised, then the final expiration date of the Agreement shall occur on July 23, 2047. 1.2 Notice. The notice address for LESSOR is hereby amended to be: City of Sebastian ATTN: City Manager 1225 Main Street Sebastian, FL. 32958 The notice address for LESSEE is hereby amended to be: Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 2. SIGNING BONUS. As consideration for this Amendment, LESSEE shall pay LESSOR a one- time, non-refundable, lump -sum signing bonus of Twenty Five Thousand and XX/100 Dollars ($25,000.00), which shall be paid within sixty (60) days from the Amendment Effective Date. 3. MISCELLANEOUS. 3.1 Full Force and Effect. All of the terms, provisions, covenants and agreements contained in the Agreement and as amended are hereby incorporated herein by reference in the same manner and to the same extent as if all such terms, provisions, covenants and agreements were fully set forth herein. LESSOR and LESSEE ratify, confirm and adopt the Agreement as of the Amendment Effective Date and acknowledge that there are no defaults under the Agreement or events or circumstances which, with the giving of notice or passage of time or both, would ripen into events of default. Except as otherwise expressly amended herein, all the terms and conditions of the Agreement, as amended herein, shall remain and continue in full force and effect. In case of any inconsistency between the Agreement and this Amendment, the terms and conditions of this Amendment shall govern and control. 3.2 Binding Effect. This Amendment shall be binding upon the heirs, legal representatives, successors and assigns of the Parties. The Parties shall execute and deliver such further and additional instruments, agreements and other documents as may be necessary to evidence or carry out the provisions of this Amendment. 115 of 129 Lessee Site ID: Sebastian Police Tower / 118236 3.3 IRS Form W 9. LESSOR agrees to provide LESSEE with a completed IRS Form W-9, or its equivalent, upon execution of this Amendment and at such other times as may be reasonably requested by LESSEE. In the event the Property is transferred, the succeeding LESSOR shall have a duty at the time of such transfer to provide LESSEE with a Change of Ownership Form as provided by LESSEE and a completed IRS Form W-9, or its equivalent, and other related paper work to affect a transfer in rent to the new LESSOR. LESSOR's failure to provide the IRS Form W-9 within thirty (30) days after LESSEE's request shall be considered a default and LESSEE may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 3.4 Survey. LESSEE reserves the right, at its discretion and at its sole cost, to obtain a survey (the "Survey") specifically describing the Property and any access and utility easements associated therewith. LESSEE shall be permitted to attach the Survey as an exhibit to this Amendment and any related memorandum for recording, which Survey shall update and replace the existing description of the Property, at any time prior to or after closing the complete execution of this Amendment. 3.5 Reuresentations and Warranties. LESSOR represents and warrants that: (a) LESSOR is duly authorized to and has the full power and authority to enter into this Amendment and to perform all of LESSOR's obligations under the Agreement as amended hereby. (b) LESSEE is not currently in default under the Agreement, and to LESSOR's knowledge, no event or condition has occurred or presently exist which would constitute a default by LESSEE under the Agreement. (c) LESSOR agrees to provide such further assurances as may be requested to carry out and evidence the fall intent of the Parties under the Agreement as amended hereby, and ensure LESSEE's continuous and uninterrupted use, possession and quiet enjoyment of the Property under the Agreement as amended hereby. (d) LESSOR acknowledges that the Property shall include any portion of LESSOR's property on which communications facilities or other LESSEE improvements exist on the date of this Amendment. 4. REMOVAL AND HOLDOVER. Notwithstanding anything contained in the Agreement to the contrary, LESSEE shall, within ninety (90) days of the expiration of the term (as extended herein) or any earlier termination of the Agreement (the "Removal Period"), shall render the equipment inoperable and shall remove its antennae, equipment, and all personal property and restore the Property to its original condition, reasonable wear and tear excepted. If such time for removal causes LESSEE to remain on the Property after the expiration or any earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate (or on the existing monthly pro-rata basis if based upon a longer payment term) until such time as the removal is completed. If LESSEE has not removed its antennae, equipment, and personal property within the Removal Period, LESSOR agrees to send a written notice of such failure to LESSEE, and in the event LESSEE fails to remove such antennae, equipment, and personal property within ten (10) days after receipt of such notice, then LESSOR may remove such antennae, equipment, and personal property from the Property and LESSEE will be liable for any costs of removal and disposition of same, as well as the restoration of the Property to its original condition, reasonable wear and tear excepted. 116 of 129 Lessee Site ID: Sebastian Police Tower / 118236 In addition, should LESSEE fail to remove its antennae, equipment, and personal property within the Removal Period, LESSEE shall pay rent at a rate equal to one hundred twenty five percent (125%) of the then existing monthly rate (or the existing monthly pro-rata basis if based upon a longer payment term) beginning on the first (I") day immediately following the expiration of the Removal Period until such time as the removal is completed. However if the equipment is not removed within six (6) months of the expiration of the term (as extended herein) or any earlier termination of the Agreement the antenna, personal property and equipment will be determined abandoned and become the property of the City. 5. Counternarts. This Amendment may be executed in two (2) or more counterparts and by facsimile, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. (Signatures appear on the following pages.] 117 of 129 Lessee Site ID: Sebastian Police Tower / 118236 IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the last date of execution shown below. WITNESS: LESSOR: CITY OF SEBASTIAN, a Florida municipal corporation Print Name: By: Print Name: Name: Its: (SEAL) STATE OF } COUNTY ) The foregoing Second Amendment to Ground Lease Agreement was acknowledged before me this day of , 20 by of CITY OF SEBASTIAN, a Florida municipal corporation, on behalf of the He/She is personally known to me or has produced as identification. Given under my hand this day of 120 Notary Public Printed Name My Commission Expires: My Commission Number: LESSEE: CELLCO PARTNERSHIP dlbla Verizon Wireless By: Name: Its: Date: 118 of 129 Lessee Site ID: Sebastian Police Tower / 118236 EXHIBIT "B" tv"Vewh VIMM14 MAW 111%WA 1"1 '161 lovk 41"N K*;N I %U11hQ t7 x LFGA.140 T 0 TT"41 OFRUCV- VAF%a FiM 0 I's r RIWAx scv=t r.Cmmtum umuidw MOM -9 , ) 119 of 129 Lessee Site ID: Sebastian Police Tower/ 118236 EXHIBIT 66C55 LLJ 'Al CASE ImW 40 Wti"I al Kh F4 a -'Ldft.2�� LOW( k*1 I" I 4VIt M IWAPh #,W) k�ll TCIATR Otj 120 of 129 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: February 23, 2022 Title & Recommendation: Approve the location and allow City staff to work with the Sons of the American Legion Squad 189 to install a POW -MIA Memorial Monument at the Veteran's Memorial at Riverview Park Backqround: Peter Puzzo, Commander of the Sons of American Legion Squadron 189, attended the February 9th City Council meeting to present their request to install a POW -MIA monument at the City's Veteran's Memorial. Mr. Puzzo and Mr. John Kinlen had previously attended the January 10th Veteran's Advisory Committee meeting to request the Committee's support for this project to move forward to the City Council. The Veteran's Committee unanimously provided support for the group to propose the monument to the City Council for their consideration. Staff met with Mr. Puzzo on -site and included in this transmittal are images of the requested location for the monument. Also included is a picture of a sample monument that would represent the design that they propose with a black monument and white lettering. The size dimensions of the new monument would be similar to the existing monuments on -site. If Agenda Item Requires Expenditure of Funds: Total Cost: N/A Funds to Be Utilized: N/A Attachments: 1. Proposed Monument Design provided by Mr. Puzzo 2. Images showing the proposed installation location of the monument. Administrative Services Depa ent Rev' City Attorney Review: Procurement Division Review, if appli le: City Manager Authorization Date: V �r I 121 of 129 Indian River County Code Section 302.05, -Additional animal ownership responsibilities. (A) Responsibilities of dog and cat owners. Notwithstanding compliance with sections 302.03 and 302.04 of this chapter, it shall be unlawful and subject to all penalties provided in this chapter for the owner of any dog or cat to fail to comply or cause compliance with any or all of the following obligations: (1) Keep each such animal under restraint, (2) Keep each such animal collared or harnessed. (3) Exercise that degree of care and control necessary to prevent such dog or cat from becoming a public nuisance or a nuisance to any person, other domestic animal or livestock, or to any real or personal property other than that of its owner. This obligation shall include but not be limited to: (a) The prompt removal of feces of such animal from public walks, rights -of -way, park or recreation areas, beaches, or other public property, or from private property not belonging to the owner, unless the owner has been given express permission to make use of said private property; or (b) Affirmative action by an owner as may be necessary to prevent material disturbance, annoyance or interruption of the reasonable possession, use and enjoyment of another's property, such as that resulting from an animal's habitual howling, whining, barking, digging, or other such obnoxious behaviors; or (c) The abatement of unsanitary conditions characterized by emission of odors, breeding or habitation of insects, rodents or other vermin, or similar indications. (4) Keep any female dog or cat which is known or should reasonably be known by her owner to be in heat (estrus) confined at all times inside a house or other building or in the leashed company of its owner in a manner such that the animal cannot come into contact with a male of the same species, except for planned breeding purposes. (5) Timely comply at all times with all of the restrictions an a dangerous dog and all obligations imposed on the owner of a dangerous dog under this chapter. (6) Timely comply at all times with all restrictions imposed on a potentially dangerous dog under this chapter. (7) No owner shall allow a dog, when unprovoked, to bite, attack, endanger, or inflict injury on a human, domestic animal, or livestock while such unprovoked dog is on public or private property; or chase or approach an individual upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack. Violations of this section may constitute proof of "prior knowledge of a dog's dangerous propensities" under F.S. § 767.13(2), as may be amended from time to time. 125 of 129 State Law reference— Derived from F.S. §767.11(1)(d) and (2). (B) Responsibilities of all animal owners. (1) It shall be unlawful and subject to all penalties provided in this chapter for the owner of any animal to fail to comply or cause compliance with any or all of the following obligations: (a) Ensure that the animal does not bite another domestic animal or human such that the bitten animal or human sustains a severe injury. (b) Ensure that the animal does not attack or bite another domestic animal or human where such bite does not result in a severe injury. (2) It shall be unlawful for any livestock to run at large within the county. All persons owning livestock are hereby required to keep and prevent the same from running at large or straying within the county by keeping and maintaining them within good and sufficient fences and enclosures. State Law reference— Derived from F.S. Ch. 588. (Ord. No. 2006-001, § 1, 1-17-06) 126 of 129 Brevard County Code Sec. 14-59. - Defecating, urinating on public or private property. No animal shall be permitted or allowed to defecate or urinate upon any public property, or any private property, without permission of the property owner. It shall be the responsibility of the owner or person in control of the animal to dispose of or remove any excretions caused by the animal. It is a violation of this article for the owner of an animal to permit or allow the animal to defecate or urinate upon any public property, or any private property, without permission of the property owner. (Ord. No. 93-05, § 1(4-12(4)), 4-13-93; Ord. No. 93-11, § 1(4-12(4)), 6-8-93; Ord. No. 94-24, § 1, 11-15-94; Ord. No. 98-01, § 16, 1-20-98; Ord. No. 2014-27, § 1, 9-16-14; Ord. No. 2018-02, § 1, 1-23-18) 127 of 129 PLEASE KEEP THIS COVER SHEET FOR REFERENCE AT LARGE AFFIDAVIT PLEASE READ INSTRUCTIONS CAREFULLY IN ORDER FOR ANIMAL SERVICES AND ENFORCEMENT TO PROCESS THE CASE IN A TIMELY MANNER, WE ARE REQUESTING THAT YOU SUMMIT YOUR NOTARIZED AFFIDAVIT WITHIN 96 HOURS (4 DAYS) OF THE INCIDENT. PLEASE BE SPECIFIC. THE AFFIDAVIT MUST BE NOTARIZED AND CONTAIN THE FOLLOWING INFORMATION: WHO? WHAT? WHEN? AND WHERE? NAME AND ADDRESS OF AFFIANT DESCRIBE THE ANIMAL TO THE BEST OF YOUR ABILITY (BREED, COLOR/MARKINGS, NAME, AGE) NAME AND ADDRESS OF OWNER TIME AND DATES OF INCIDENTS/VIOLATIONS^WITNESSED PERSONALLY DESCRIBE THE INCIDENTIVIOLATION. YOU MIUST GIVE A SPECIFIC: DATE AND TIME. LOCATION OF INCIDENTNIOLATION STATE THE AREA/LOCATION OF THE ANIMAL AT THE TIME OF THE INCIDENTNIOLATION. PHOTOGRAPHS (IF POSSIBLE) PHOTOS OF THE ANIMAL IN VIOLATION OF THE COUNTY ORDINANCE. PLEASE DOCUMENT ON THE BACK OF THE PHOTO, THE DATE, TIME AND WHEREABOUTS OF THE ANIMAL. ALL STATEMENTS MUST BE NOTARIZED RETURN YOUR AFFIDAVIT TO: BREVARD COUNTY ANIMAL SERVICES AND ENFORCEMENT 1515 SARNO RD., BUILDING B MELBOURNE, FLORIDA 32935 IF YOU HAVE FURTHER QUESTIONS OR NEED FURTHER ASSISTANCE PLEASE CALL (321) 633-2024, PRESS "0". 128 of 129 AS-AFF 1 05/08/2019 BREVARD COUNTY SHERIFF'S OFFICE ANIMAL SERVICES AND ENFORCEMENT DEPARTMENT 1515 SARNO RD., BUILDING B MELBOURNE, FLORIDA 32935 (321) 633-2024 AFFIANT'S NAME ADDRESS CITY PHONE # (HOME) (WORK) DATE OF STATEMENT TIME DATE OF BIRTH AGE ANIMAL OWNER'S NAME (IF KNOWN) ADDRESS STATEMENT: (PLEASE DESCRIBE & ENTER TIME/DATES OF VIOLATION, LOCATION OF INCIDENT. DESCRIPTION OF ANIMAL (BREED, COLORIMARKINGS, NAME, AGE). PHOTOGRAPHS IF POSSIBLE) SIGNATURE OF AFFIANT DATE STATE OF FLORIDA, COUNTY OF BREVARD SWORN TO OR AFFIRMED AND SUBSCRIBED BEFORE ME THIS DAY OF 20 BY PERSONALLY KNOWN TO ME OR PRESENTED THE FOLLOWING FOR IDENTIFICATION _ NOTARY PUBLIC, STATE OF FLORIDA AT LARGE 129 of 129 AS-AFFI 05/08/20I9