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HomeMy WebLinkAbout04-27-2022 CC AgendaSE Y��zA HO-ME Of PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) AGENDA WEDNESDAY, APRIL 27, 2022 — 6.00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Jones 4. ROLL CALL 5. AGENDA MODIFICATIONS Modificationsfor 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. Proclamation — Sexual Assault Awareness Month — April 2022 - Mindi Fetternan and Hortensia Mahon, The Inner Truth Project B. Proclamation — MentaI Health Awareness Month — May 2022 - Milo Thornton, Director, New Horizons of the Treasure Coast BriefAnnouncements: Friday, May 6 -- Sebastian River Area Chamber of Commerce Concert in the Park — S: 30 — 8 pm - Chemistry 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 week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Of in regard to the item f necessary or place a requested item on a.future agenda. 1 of 112 8. pgs 6-9 pgs 10-26 9. RECESS CITY COUNCIL MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING A. Approval of Minutes — January 26, 2022 CRA Meeting B. Fiscal Year 2021 CRA Annual Report in Accordance with F.S.163.371 - Accept and Forward to City Council (Transmittal, Report) ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY 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. pgs 27-36 A. Approval of Minutes — April 13, 2022 Regular City Council Meeting pg 37 B. Fiscal Year 2021 CRA Annual Report in Accordance with F.S.163.371 - Acceptance by City Council (Transmittal, See Pages 11-26 for Report) pg 38 C. Approve the Third Party Insurance Settlement Agreement with Robert Hanneman at No Cost to the City and authorize the City Manager to Execute the Required Documents (Transmittal) pgs 39-46 D. Approve the 2022-2023 Dates for the Craft Club of Sebastian Events at Riverview Park (Transmittal, Letter, Application, List, Certificate) pgs 47-49 E. Approve Alcoholic Beverages at the Community Center for the Lovely Family Event on June 18, 2022 from 11:00 am to 4:00 pm - DOB Verified (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. A. Indian River Countv MPO Citizen Advisory Committee — Sebastian Representative (Transmittal, Applications, Advertisement) pgs 50-58 i. Interview, Unless Waived, Submit Nominations for the 2°d Sebastian Representative on the IRC MPO Citizens Advisory Committee 2of112 12. PUBLIC HEARINGS Procedures for IeQislative Public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 58-74 A. First Reading and Public Hearing of Ordinance No. 0-22-04 — Proposed Code of Ordinance Amendments — Article III by Amending Definitions Relating to Junk; Article IV by Amending Land Use Compatibility; Article V by Amending Zoning District Regulations Relating to Industrial Uses and Creation of New Zoning District; Article VI by Amending Conditional Use Criteria Relating to Industrial Uses; and Article XXII by Amending Language and Definitions Relating to Industrial Classifications (Transmittal, 0-22-04) AMENDING CODE OF ORDINANCE SECTION 86-46 PROVIDING FOR DEFINITIONS; AMENDING CODE OF ORDINANCE SECTION 8647 CLARIFYING UNLAWFUL DEPOSITS, EXCEPTION; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-4.2, FUTURE LAND USE MAP (FLUM) DESIGNATIONS AND ZONING DISTRICTS BY PROVIDING NEW LAND USES AND CLARIFYING ZONING DESIGNATIONS; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.6, INDUSTRIAL DISTRICT (IN) BY ADDING CRITERIA FOR NEW HEAVY INDUSTRIAL (HI) DISTRICT; ADDING LAND DEVELOPMENT CODE SECTION 54-2-5.6A, CRITERIA FOR HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.13, INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD- I) BY ADDING CRITERIA FOR HEAVY INDUSTRIAL (HI) DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-6.4, PROVIDING CRITERIA FOR CONDITIONAL USE; AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, ADDING DEFINITIONS; AMENDING SECTION 54-5-22.3 ADDING LAND USE CLASSIFICATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. UNFINISHED BUSINESS 14. NEW BUSINESS pgs 75-112 A. Approve the Solicitation of an Auditing Firm to Conduct the Annual Financial Audit and Approve an Auditor Selection Committee to Include Two Members Suggested by Staff and Vote on One City Council Member by the City Council (Transmittal, F.S.218.391, RFP 22-08) 15. CITY ATTORNEY MATTERS 3 of 112 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Vice Mayor Jones B. Council Member McPartlan C. Council Member Nunn D. Council Member Dodd E. Mayor Hill 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 CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https:Hus02web.zoom.us/j/89727143396 Or One tap mobile: US: +13126266799„89727143396# or +19294362866„89727143396# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +l 312 626 6799 or +1 929 436 2866 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 897 2714 3396 International numbers available: https:Hus02web.zoom.us/u/kijayUxjM 4of112 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Rye ular Citv Council Meetings Public input is ALLOWED under the heading: • Consent Agenda • Public Hearings • Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: • Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters • Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. 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. 5of112 �� LIf SEWkSTU% HOME OF PELICAN ISLAND COMMUNITY Y REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached January 26, 2022 Community Redevelopment Agency minutes were approved at the April 27, 2022 Community Redevelopment Agency meeting. Chairman Jim Hill ATTEST: Jeanette Williams, City Clerk 6 of 112 Regular City Council & CRA Meeting January 26, 2022 Page 4 H_ Approve the Purchase of One John Deere 35G Mini Excavator in the Amount of $66.836.75 Using the Florida Sheriffs Contract #FSA20-EQU18.0 for the Stormwater Division (Transmittal, Quotes) Approve Wounded Waters, Inc. Request to Waive Park and Stage Rental Fees to Hold an Event called "Operation New Day" in Riverview Park on February 10, 2022 (Transmittal, Application) Mayor Hill asked to pull Item I for discussion. MOTION by Council Member McPartian and SECOND by Council Member Nunn to approve items A-H. 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 Item I - Wounded Waters, Inc. Chris Nolan introduced Wounded Waters Founders Kevin and Chuck. He said Wounded Waters helps veterans with PTSD counseling. He said their goal is to have 10 realtors by February 10" donate part of their commissions to go directly to the veterans at their roll out event. They are requesting Council to waive the park and stage fees for their event, "Operation New Day," Council Member Dodd said it was a great opportunity to assist the fledging organization and he made a MOTION to waive fees for the first event to get them off the ground which was SECONDED by Council Member Nunn and passed with a unanimous voice vote of 5-0. COMMITTEE REPORTS & APPOINTMENTS A. Citizens Budoet Review Advisory Board (Transmittal, Application, Advertisement, List) i. Council Members Confirm Their A000intees The Council confirmed their appointed members. Nominate One Additional Member — Term to Expire November 2022 Mayor Hill made a MOTION and SECOND by Vice Mayor Jones to appoint Amber Cerda in the vacant Additional Member position. -�-� 10. Mayor Hill recessed the City Council meeting and convened the Community Redevelopment Agency meeting at 6:38 p.m. 7of112 Regular City Council & CRA Meeting January 26, 2022 Page 5 A. MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the October 27, 2021 CRA meeting passed with a unanimous voice vote. 5-0 B. Consider Sebastian River Area Chamber of Commerce's Public Mural Proqram (Transmittal. Proaram. Code Sections) Cheryl Thibault, President/CEO of the Sebastian River Area Chamber of Commerce, Nichole Johanson, Director of Operations of Mel Fisher's Treasure Museum, and Amanda Smalley, Manager at Skydive Sebastian, who are also members of the Public Mural Program Committee introduced themselves and displayed a PowerPoint presentation outlining the program's objectives, examples, and participants of the Florida Mural Trail. (see attached) Chairman Hill said he wanted to make sure that they won't be disrupting something they have built for the last 20 years in the CRA and with regard to the First Amendment, he asked what is to say the First Amendment won't get in the way of putting something up that can't be stopped. Ms. Johanson responded that she respected his concerns, the committee would want to preserve the community as well and she would hope the Council would trust that they have best interest at heart for the community. They would only allow things approved within the categories that they have established. Mr. Dodd said the program has specifications on the topics and ambience of the murals and as long as it stays within those and the Growth Management Department makes sure it's not advertising, he said the program gives them the opportunity to say "no" to something inappropriate. He said he was in favor of this. Mr. Nunn said he believed there are enough checks and balances to avoid most issues. He said they were in great hands with this team they have and he looked forward to some new art within the community. Vice Chairman Jones said the murals are a powerful way to tell story of a community and he looked forward to seeing that; it is a great opportunity to go forward with this. Mr. McPartlan said he looks forward to this; it all has to go through the CRA Manager who he trusts. Derek Gerry said as a citizen he would really like to see this and as a business owner, he looks forward to applying for mural. Kirk Funnell, Indian River County Chamber of Commerce Director of Tourism and Marketing, said he would love to see this and it will really bring out the historic community. MOTION by Mr. Dodd and SECOND by Vice Chairman Jones to approve the mural program as presented by the Sebastian Area Chamber of Commerce and direct Cibi staff to draft the appropriate changes to the Land Development Code. 8of112 Regular City Council & CRA Meeting January 26, 2022 Page 6 Roll call: Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Hill -aye Vice Chairman Jones -aye Motion carried. 5-0 11. Chairman Hill adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:54 p.m. 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS A. Aor)roval to Select Ahrens Companies. Inc. as the Desion-Build Firm for Two f2) Airport Hangars at 70 Airoort Drive West on Sebastian Municioal Airport. Prooertv and Authorize Negotiations for a Guaranteed Maximum Price Contract (Transmittal, Bid Tab, R-21-24) The City Manager said Mr. Ahrens who has built Hangars A, 8, C, and D has now put in a proposal for these hangars and he recommended awarding this project and allow staff to negotiation a guaranteed maximum price. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve item #14A. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayer Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 5-0 B. Review and Consider 2022 Council Meeting Dates (Transmittal, Calendar) Mayor Hill suggested cancelling the December 28 and moving the November 23 meeting to the 2"" or the 215'. The consensus of Council was to have a November 215' and December 14"' meeting and if needed, a special meeting could be called. 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS - None 17. CITY CLERK MATTERS The City Clerk thanked Cathy Testa for covering for her during her absence as she did a great job. 9 of 112 On SERASTOLN HOME OF PELICAN ISLAND CRA BOARD AGENDA TRANSMITTAL Council Meetina Date: April 27, 2022 Aaenda Item Title: FY 20/21 Sebastian Riverfront CRA Annual Report Recommendation: Move to accept the FY 20/21 Sebastian Riverfront CRA Annual Report Backaround: Chapter 163,371 Florida Statute requires the Community Redevelopment Agency to file a report of activities with the county or municipality that created the agency by March 31st of each year. The Sebastian CRA Annual Report was submitted to Indian River County and posted on the City of Sebastian website. The FY 20/21 Sebastian Riverfront CRA Annual Report of activities is presented for acceptance by the Community Redevelopment Agency Board of Directors at the regularly scheduled CRA meeting. If Aaenda Item Requires Exuenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. CRA Annual Report 2021 Administrative Services Department evie �. L City Attorney Review: / �1 Procurement Division Review, if alpcable: City Manager Authorization: Date:2- 10 of 112 SEBASTIAN RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Chapter 163.371 Florida Statute m SE13A$T HOME OF PELICAN ISLAND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 11 of 112 SEBASTIAN RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT TABLE OF CONTENTS Letter of Transmittal List of Principal Official's History Exhibit I - Sebastian CRA Boundary Accomplishments FY 2020 Sebastian CRA Performance Activities Table I — Performance Activities 2020 Table 11— Septic to Sewer Grant program Table III — Fagade, Sign, & Landscape Grant i ii 1 2 3 4 4 5 5 Tax Increment Revenues 6 Exhibit II — Operating Millage Rates in Redevelopment Area 7 Exhibit III — Taxable Value in Redevelopment Area 8 Exhibit IV — Tax Increment Revenue 9 Financial Statements 10 Balance Sheet 10 Statement of Revenues, Expenditures, and Changes in Fund Balances 11 Budget and Actual 12 12 of 112 MYOF SEBAS LA HOME OF PELICAN ISLAND March 31, 2022 Sebastian Community Redevelopment Agency Board Chairman and Members City of Sebastian, Florida Dear Board Members: We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for the fiscal year ended September 30, 2021. In accordance with Chapter 163.371 Florida Statutes, each CRA is required to file with its governing body on or before March 31 each year a report of its activities for the preceding fiscal year. This report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement, the report provides additional information concerning the benefits afforded by the agency to other jurisdictions and citizenry in general. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the Sebastian CRA's operation and financial activity have been included. Respectfully submitted, 1 � t Lisa Leger Frazier, AICP Community Development Director/CRA Manager City of Sebastian Kenneth W. Killgore Administrative Services Director City of Sebastian 13 of 112 LIST OF PRINCIPAL OFFICIALS Community Redevelopment Board As of September 30, 2021 Chairman Ed Dodd Vice Chairman Jim Hill Board Member Bob McPartlan Board Member Fred Jones Board Member Christopher Nunn ii 14 of 112 ElistorN of the Sebastian CommunitN Redevelopment Auenev (Sebastian CRA) The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally bounded on the north, south and east by the City limits as of 1995, and on the west by the FFC Railroad right-of-way. The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of-way, which includes industrial and commercial land use. The total Sebastian CRA land area is approximately 398 acres (Exhibit 1). Excluding road rights - of -way, zoning and land use covers approximately 299 acres. The governing body of the Sebastian CRA is the Sebastian City Council. The CRA Board is comprised of five (5) members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property, to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions. The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad valorem tax attributed to the increase in the assessed property value over a set `base year" for the redevelopment area. The government jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian River County Board of County Commissioners. After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, establishing a new base year for this area of the CRA. The redevelopment plan was also modified on behalf of the Sebastian CRA in 2003, unifying the 1995 Sebastian CRA boundary and the expansion area as one cohesive CRA. The Master Plan was again updated in 2010, presenting conceptual district recommendations, potential policy amendments, and capital improvements intended to meet the City's redevelopment goals. Termination of Sebastian CRA (F.S. 163.3755) A community redevelopment agency in existence on October 1, 2019, shall tenninate on the expiration date provided in the agency's charter on October 1, 2019, or on September 30, 2039, whichever is earlier. Unless the governing lbody of the County or municipality that created the community redevelopment agency approves its continued existence by a majority vote of the members of the governing body, the Sebastian CRA shall sunset on September 30, 2039. Rive&ont CRA Annual Report 2021 Page 1 15 of 112 EXHIBIT I - SEBASTIAN CRA BOUNDARY MAP Community Redevelopment Area CITZ' t F SEBASTI N, F I. TOTAL CRA LAMD AREA 398 ACRW CRA L16IIdsl�at 3032 s !y 4 f CAA 1 ��} RA11CTTi�Y V M rwucllW yt�, {, Y i roa�ac sa r It ' 5 j R All AGO A,HIA � p L' `� NM1IAlC111i �Y� - _ RMWRt fi{�C �rtOA.' i IllIG f1 t k .�kxPnnaiun IF' CRatlLA.' as .Ji Ci � CRMQrAN •ualrnw �v �u.ux r �' 49 ramri+s an LRQi06i.' w k 'a N111aLIM AY � �4�� y WCW 3 A+Rx a: LCuOaYAL 00 ov. OWE OLD '.t%iKJLI A1ap%NMSCflA_261B Riverfront CRAAnnua] Report 2021 .f 1 lY A Cos Gis 31`16r19 Page 2 16 of 112 Accomolishments of the Sebastian CommtrnitN Redevelopment Aienev (Sebastian CRA) The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3)_ The Sebastian CRA has continued to move towards achievement of the goals set out in the adopted Community Redevelopment Master Plan (20I0). Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished. Accomplishments are as follows: ❑ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001. ❑ Developed community redevelopment master plan in 2003. ❑ Completed Jackson Street extension, sidewalk, and street light project in 2004. ❑ Completed improvements to the Yacht Club including the finger pier project. ❑ Completed construction on the Indian River Drive/Main Street intersection project. ❑ Established a Facade, Sign and Landscaping matching grant program. ❑ Received contribution from the Clambake Foundation and provided the balance of funding for the Flag Pole project, which enhanced the view at the western entrance to the CRA area. ❑ Contributed $20,000 to a film production about the story of Pelican Island. ❑ Constructed information boards at Riverview Park and at the Main Street Boat Ramp Park. ❑ Updated the CRA Master Plan in 2010. Ca Provided matching funds to the Stan Mayfield Grant that was used for the purchase of the Working Waterfront Properties. Executed lease with Crab E. Bills for a commercial retail fish market and a retail commercial limited food service "Eatery". ❑ Established a Sewer Connection Grant Program in 2015 to encourage septic to sewer conversions and reduce pollution into the Indian River Lagoon. Obtained funding assistance from IRLNEP for the Septic to. Sewer assistance program in 2018 to the present. o Completed roadway improvements to the Presidential Streets and Baffle Box installation for improved water quality at the outfalls. ❑ Completed repairs to the CavCorp boat parking property. ❑ Completed a Riverfront Parking Study in 2011 resulting in the establishment of the Parking -in -lieu program for parking within right-of-way of business district. ❑ Provided continued financial support for many events within the Riverfront District that attract many participants, providing revenue to our local businesses since 2000 including; Pelican Island Festival, Earth Day, CIam Bake, Shrimpfest, Concerts in the Park Series, and Fine Art Festival. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Acquired property along the Indian River shoreline for preservation as an extension of public property. o Re -paved Indian River Drive and improved drainage swales and provided new enhanced pedestrian cross walks. o Funded necessary repairs to the Working Waterfront historic property including. historic building repairs; new elastic coating roof; new plumbing and dock maintenance. ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. ❑ Completed design work on the Landscape and Signage for the Working Waterfront and CRA District. ❑ Completed conceptual park design and canopy tree preservation plan for Riverview Park that included: trees, sidewalks, parking, and event areas. ❑ Initiated Sign Master Plan design by incorporating compatible public property identification signs throughout Riverfront CRA District. ❑ Completed Riverview Park Sidewalks per the Park Master Plan. Riverfront CRA Annual Rep= 2021 Page 3 17 of 112 FY 2021 Sebastian CRA Performance Activities Major activities and accomplishments of the Sebastian CRA in 2021 are shown in TABLE I and described below. ❑ Provided financial support for many events within the Riverfront District that attract many participants, providing revenue to our local businesses including: Clam Bake, Shrimpfest, Concerts in the Park Series, and Fine Art Festival. ❑ Provided funding for Holiday decorations to enhance attraction to business district during holiday season. ❑ Continued funding grant programs that support public private projects including: the Septic to Sewer assistance program (TABLE 11) and the Fagade, Sign and Landscape grant program (TABLE III)_ ❑ Funded Submerged Land Leases for continued waterfront access and riverfront activities. n Continued implementation of the Sign Master Plan for the Working Waterfront and Riverfront CRA District. Q Completed construction of the Working Waterfront Shoreline Protection and Commercial Fishing Distribution Center Parking Lot Improvement Plan. ❑ Completed Florida Inland Navigation District funds reporting for Fisherman's Landing Working Waterfront Park. u Provided waterfront/streetscape maintenance & facility improvements. ❑ Completed pedestrian walking trail connection from US Hwy 1 to Indian River Drive by constructing sidewalk on N. Central Avenue as part of CDBG action plan. Q Continued funding of improvements to Riverfront Park including irrigation and landscape, Q Worked with FDOT on Complete Streets design for pending improvement project on US Hwy 1. TABLE I — PERFORMANCE ACTIVITIES PROJECT ACTIVITY CRA PLAN ACHIEVEMENT AMOUNT REFERENCE Riverview Park Master Plan Construction Page 21, 23, 31, 33 On -going $40,714.00* improvements (survey, irrigation) _ Sign Master Plan implementation Installation Page 21, 23, 31, 51 On -going $61,608.00* Working Waterfront Parking and Construction Page 20, 22, 31, 51 Complete $510,553.00* Shoreline Improvement Marketing and Events Promotion Page 23, 51 On -going $32,125.00 Business Assistance Programs W aterfrontlStreetscape Maintenance & Improvement Submerged Land Leases N. Central Avenue Sidewalk *Includes other funding sources. FSL Grants Page 24, 50, 51 S2S Grants Page 20, 23, 33, 37 1Maintenance Maintenance Page 20, 22, 31, 51 1 Construction Page 21, 23, 31,33, On -going $37,703.25 On -going $111,516.00 Annual $4,302.00 Complete $169,480.00* In addition to projects and programs funded by Sebastian CRA funds, the following projects were conducted within the CRA to further enhance and promote the Riverfront Business District. CDBG 5-year Consolidated Plan: Housing rehabilitation program for low-income residents and N. Central Ave sidewalk replacement Riverfront CRA Annual Report 2021 Page 4 18 of 112 Grant Project Address Project Funds Awarded # Date 21-SSP-01 $25 U.S. Hwy 1 3/24/21 $10,000 ALC Ventures, Inc. 4/28/21 $5,000 21-SSP-02 13050 U.S. Hwy 1 Chander Holding, LLC 5/26/21 $5,000 21-SSP-03 1683 N. Central Ave Ronald Sypher 10/27/21 $2,380 21-SSP-03(a) 1683 N. Central Ave Ronald Sypher 21-SSP-04 754 Martin Avenue 11/10/21 $10,000 Kermit & Ava L. Stewart "Estimated reduction of over 40MO grams of nitrogen from groundwater Total funds from IRL Council $16,190.00 Total funds from CRA $16,190.00 TOTAL FUNDS AWARDED FY 202012021 $32,380.00 TABLE III Facade, Sign, & Landscape Grant Account Summary FY 2020/2021 1. Sandy's Grille 1715ebastian Blvd. 05/26/2021 $5,323.25 $5,323.25 Less funds disbursed $5,323.25 Available Funds Remaining, $34,676.75 Riverfront CRA Annual Report 2021 Page 5 19 of 112 Tax Increment Revenue The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained within the redevelopment area, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General Obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year by the taxing authority, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently make tax increment payments into the Sebastian CRA Trust Fund. Riverfrant CRA Annual Report 2021 Page b 20 of 112 The City's millage decreased from $5.00 per $1,000 in FY 2001 to $3.1514 per $1,000 in FY 2021. The milliage for Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5475 per $1,000 in FY 2021. Rates from 2001 through 2021 are presented in Exhibit 1I below. Exhibit II Sebastian Community Redevelopement Agency Operating Millage Rates in Redevelopment Area Indian City River of Total Fiscal Year County Sebastian Millage 2001 4.1014 5.0000 9.1014 2002 4.0501 4.5904 8.6405 2003 3.8729 4.5904 8.4633 2004 3.8377 4.5904 8.4281 2005 3.6233 4.5904 8.2137 2006 3.5204 3.9325 7.4529 2007 3.1914 3.0519 6.2433 2008 3.0202 2.9917 6.0119 2009 3.0202 3.3456 6.3658 2010 3.0892 3.3456 6.4348 20I1 3.0892 3.3041 6.3933 2012 3.0892 3.3041 6.3933 2013 3.0892 3.7166 6.8058 2014 3.2620 3.7166 6.9786 2015 3.3375 3.8556 7.1931 2016 3.3602 3.8556 7.2158 2017 3.3602 3.8000 7.1602 2018 3.4604 3.4000 6.8604 2019 3.4604 3.1514 6.6118 2020 3.5475 2.9399 6.4874 2021 3.5475 3.1514 6.6989 Total Tax Increment Millage Rabe 10.0000 - s.00aa 8.0000 - 7.0000 - J s.0000 - M 5.0000 - - - - - 4.0000 - - - - - 0 3.0000 - 12 2.oM00 - - - - 1.0000 - - - Fiscal Year Source; City of Sebastian Administrative Services Department Riverfront CRA Annual Report 2021 Page 7 21 of 112 The initial implementation of the tax increment financing was for the Fiscal Year 2001 and its base year value was set at the taxable value for 1994. When the CRA area was expanded, the base year value for the expanded area was set at the taxable value for 2003. As a result, by Fiscal Year 2005, the total incremental value was $36,862,574 as compared to the Fiscal Year 2021 total incremental value of $71,916,231, the incremental value of the redevelopment area increased by 95.1% since Fiscal Year 2005. The taxable values in redevelopment area from 2001 through 2021 are presented in Exhibit III below. Exhibit III Sebastian Community Redevelopement Agency Taxable Value in Redevelopment Area % Change in Taxable Base Year Incremental Incremental Fiscal Year Value Value Value Value 2001 $45,834,920 $34,959,870 $10,875,050 2002 58,263,740 34,959,870 23,303,870 114.29% 2003 58,844,190 34,959,870 23,884,320 2.49% 2004 66,307,980 34,959,870 31,348,110 31.25% 2005 78,424,554 41,561,980 36,862,574 17.59% 2006 89,418,550 41,561,980 47,856,570 29.82°% 2007 134,755,060 41,561,980 93,193,080 94.73% 2008 129,700,130 41,561,980 88,138,150 -5.42% 2009 127,735,740 41,561,980 86,173,760 -2.23% 2010 111,909,020 41,561,980 70,347,040 -18.37% 2011 90,533,980 41,561,980 48,972,000 -30.39% 2012 83,558,060 41,561,980 41,996,090 -14.24% 2013 82,753,350 41,561,980 41,191,370 -1.92% 2014 82,598,780 41,561,980 41,036,800 -0.38% 2015 84,939,810 41,561,980 43,377,830 5.70% 2016 91,018,390 41,561,980 49,456,410 14.01% 2017 91,875,329 41,561,980 50,313,349 1,73% 2018 97,801,122 41,561,980 56,239,142 11.78% 2019 102,731,140 41,561,980 61,169,160 8.77% 2020 106,989,123 41,561,980 65,427,143 6.96% 2021 113,478,211 41,561,980 71,916,231 9.92% Tax Increment Values 100.0 90.0 - - 80.0 a 600 — - 0 50.0 40.0 -- - 20.0 0.0 Flscal Year Source: City of Sebastian Administrative Services Department Riverfront CRA Annual Report 2021 Page 13 22 of 112 Based on the millage rates and significant increases in taxable values, the tax increment revenue has risen dran.atically. The total tax increment revenue in 2001 was $94,029. The tax increment revenue in 2021 has increased to $457,672. However, this is a 17.2% decrease from the highest year of 2007 when the total was $552,741. The tax increment revenues for the redevelopment area for the Fiscal Year 2001 through 2021 are presented in Exhibit IV below. Exhibit IV Sebastian Community Redevelopement Agency Tax Increment Revenue Indian City River of Fiscal Year County Sebastian Total 2001 $42,373 $51,656 $94,029 2002 89,664 101,625 191,289 2003 87,877 104,157 192,034 2004 114,289 136,705 250,994 2005 126,886 160,753 287,639 2006 160,051 178,786 338,837 2007 282,546 270,195 552,741 2008 252,885 250,499 503,384 2009 251,236 273,888 525,124 2010 206,450 223,585 430,035 2011 143,720 153,900 297,620 2012 123,248 131,821 255,069 2013 120,886 145,437 266,323 2014 127,169 144,891 272,060 2015 137,535 158,885 296,420 2016 157,874 181,150 339,024 2017 160,610 181,631 342,241 2018 184,879 181,652 366,531 2019 201,086 183,130 384,216 2020 220,498 182,732 403,230 2021 242,367 215,305 457,672 Tax Increment Revenue $600,000 $500,000 $400,000 - - _ _ F- $300,000 $200,000���+ - -- ------ $100,OD0 Ji � - - - - - �-,o- - Fiscal Year Source: City of Sebastian Administrative Services Department Riverfrant CRA Annual Report 2021 Page 9 23 of 112 Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2021 Unaudited ASSETS Cash and cash equivalents Investments Prepaid items Total assets LUBILITIES AND FUND BALANCE Liabilities: Accounts payable Total liabilities Fund balances: Restricted Total fund balance Total liabilities and fund balance 435,564 116,138 1,054 552,756 $ 11,512 11,512 541,244 541,244 $ 552,756 Riverfront CRA Annual Report 2021 Page 10 -- 24 of 112 Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended September 30, 2021 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: General government Economic environment Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING USES: Transfers in Transfers out Total other financing uses Net changes in fund balance Fund balance - beginning Fund balance - ending Riverfront CRA Annual Report 2021 $ 457,672 1,466 36,000 495,138 1,478 256,771 258,249 236,889 (174,305) (174,305) 62,584 478,660 541,244 F'age 11 25 of 112 Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2021 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: General government Economic environment Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING USES Transfers in Transfers out Total other financing (uses) Net changes in fund balances Fund balances - beginning Fund balances - ending Riverfront GRA Annual Report 2021 Actual Variance with Budget Amounts Amounts on Final Budget - a Budgetary Positive Original Final Basis (Negative) $ 443,884 $ 443,884 $ 457,672 $ 13,788 10,331 10,331 1,466 (8,865) 36,000 36,000 36,000 - 490,215 490,215 495,138 4,923 1,400 1,478 1,478 - 298,817 301,816 256,771 (45,045) 300,217 303,294 258,249 (45,045) 189,998 186,921 236,889 49,968 - 209,013 - (209,013) (189,998) (395,934) (174,305) 221,629 (189,998) (186,921) (174,305) 12,616 - - 62,584 62,584 478,660 478,660 478,660 - $ 478,660 $ 478,660 $ 541,244 $ 62,584 - -- --- Page12 26 of 112 Llll A SERASTL% HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 13, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 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 Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Airport Manager Jeff Sabo Police Chief Dan Acosta Police Capt. Tim Wood Police Lt. Rob Vafiades S. AGENDA MODIFICATIONS - None 6, PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Council Member Dodd wished Mayor Hill a happy birthday. 22.063 A. Proclamation — National Public Safety Telecommunicators Week — April 10-116, 2022 Mayor Hill read and presented the proclamation to Telecommunicator Officers Joann Patterson and Will Glines. 27 of 112 Regular City Council Meeting April 13, 2022 Page 2 22.064 B. Proclamation - National Volunteer Week - April 17-23, 2022 Mayor Hill read and presented the proclamation to Capt. Pieter Ketelaar and Lt. Rol) Mastrandrea of the Sebastian Community Policing Volunteers. 22.065 C. Proclamation - Water Conservation Month - Avri12022 Mayor Hill read and presented the proclamation to St. Johns River Water Management Intergovernmental Coordinator Jim Cannon. 22.066 D. Proclamation - International Earth Dav - April 22. 2022 Mayor Hill read and presented the proclamation to Sebastian Environmental Planner/GIS Specialist Kimberly Haigler. 22.067 E. Proclamation - National Arbor Dav - At)ril 29. 2022 Mayor Hill read and presented the proclamation to Sebastian Environmental Planner/GIS Specialist Kimberly Haigler. The Environmental Planner reported all vendor spots have been reserved for the annual Earth Day event and she invited to public to come out to learn about the environment and have a good time. BriefAnnouncements: Friday, April 15 - Leisure Services Annual Easter Event begins at 5: 45 pm with Meet the Easter Bunny for photos; Easter Egg Hunt starts promptly at 6:45 p.m.; Sebastian Police Department Movie Night Out "Hop " at 7: 30 pm - Riverview Park Saturday, April 23 - Natural Resources Board Earth Day - Riverview Park - 9 am to 4 pm Saturday, April 23 - Paper Shredding and Electronic Recycling Event - CavCorp Parking Lot - 9 am to noon Saturday, April 23 - Spring Cleaning Drop Off- Barber Street Sports Complex - 9 am to noon Vice Mayor Jones announced the upcoming events. 7. PUBLIC INPUT Ruth , Sebastian, said a lot of the habitat area around Garden Park has been destroyed and she hoped that something could be done. Mr. Tallant, 561 Biscayne Lane, also spoke about the vegetation removal at Garden Park. Laurie Garofalo said her new neighbor has a rooster that starts crowing at 5:40 in the morning and continues throughout the day. She noted the City's code provides for the 28 of 112 Regular City Council Meeting April 13, 2022 Page 3 keeping of fowl but does not address roosters. She asked Council to take a look at the City's code. Donna Gaskins also asked Council to look into the code and said there must be a reason that Indian River County doesn't allow roosters. 8. CONSENT AGENDA A. Approval of Minutes — March 23, 2022 Regular City Council Meeting 22.068 B. Resolution No. R-22-11 Abandonment of Rear Easement — 287 Caravan Terrace (Transmittal, R-22-11, Map, Report, Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 45, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. 22.069 C. Approve Alcoholic Beverages at the Community Center for the Montes Family Event on May 14, 2022 from 1:00 pm to 8:00 pm - DOB Verified (Transmittal, Application, Receipt) 22.070 D. Approve Alcoholic Beverages at the Community Center for the Ioffredo Family Event on June 24, 2022 from 6:00 pm to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) 22.071 E. Approve Alcoholic Beverages at the Community Center for the Yanez Family Event on October 15, 2022 from 4:00 pm to 10:00 pm - DOB Verified (Transmittal, Application, Receipt) Council Member Dodd asked to pull item #B. MOTION by Council Member Nunn and SECOND by Council Member McPartlan to approve consent agenda items A, C, D, and E passed with a unanimous voice vote. (5-0) Item B — Resolution No. R-22-11 Council Member Dodd said he was concerned that this vacation of easement might cause the same issue that happened on the Gardenia ditch. The City Manager said staff did not think this abatement would be an issue and for future abatements, staff has developed a license to encroach so if there are issues the property owner acknowledges that they are responsible for those issues. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve consent agenda item #B. 29 of 112 Regular City Council Meeting April 13, 2022 Page 4 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 9. COMMITTEE REPORTS & APPOINTMENTS 22.072 A. Police Pension Board of Trustees (Transmittal, Application) i. Formal Auuointment of Mr. Paul Reeves as the Fifth Member MOTION by Council Member Dodd and SECOND by Council Member McPartlan to appoint Mr. Paul Reeves to the Police Pension Board of Trustees passed with a unanimous voice vote. (5-0) Mr. Reeves will serve a four year term ending in April 2026. Report on the Indian River Countv MPO meeting held earlier in the dav: Council Member McPartlan said the MPO has been working on the county -wide visioning plan and some of the community has said they were not aware that this plan was going on. The MPO has extended the time frame to receive public input until May in an effort to reach more citizens and they are looking for venues in different parts of the county. Council Member Dodd said the plan will drive a lot of what happens in the County and it important to do as much outreach as possible. He said he volunteered to advertise the north County meeting when it is scheduled. It was the consensus of Council to help out with the advertising. Report on the Countv Commission meeting held Tuesdav: Council Member Dodd said the County has approved the contract for the expansion of the North County Library therefore residents will see the construction begin soon. Council Member Dodd also said the state has allocated a large sum of infrastructure money to move up the construction date of the Oslo interchange next year which will drive a lot of the development for that area. Report on the IRC Beach and Shores Preservation Advisory Committee: Vice Mayor Jones said the committee has received approval to remove seven derelict vessels from the river. 30 of 112 Regular City Council Meeting April 13, 2022 Page 5 10. PUBLIC HEARINGS 22.060 A. Second Reading and Public Hearing of Ordinance No. 0-22-02 - Proposed Land Development Code Amendment - Article IX Relating to Concurrencv. and Article XVIII and Article XIX Amending Sections Relating to Recreation (Transmittal, Final Copv. Lep-islative Copv) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.4, CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS BY PROVIDING FOR A NEW SECTION RELATING TO SCHOOL CONCURRENCY; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.7, CRITERIA FOR ADOPTED LEVEL OF SERVICE STANDARD (LOS) RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3-9.8, CRITERIA FOR METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES PERTAINING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 54-3- 9.9, CRITERIA FOR DETERMINATION OF AVAILABLE CAPACITY RELATING TO PARKS AND RECREATION FACILITIES; AMENDING LAND DEVELOPMENT CODE SECTION 54-4-18.4, CRITERIA FOR INFORMATION TO BE INCLUDED IN SITE PLAN RELATING TO RECREATION; AMENDING LAND DEVELOPMENT CODE SECTION 544-19.11, CRITERIA FOR REQUIRED IMPROVEMENTS AND DESIGN CRITERIA RELATING TO RECREATION; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-02 and Mayor Hill opened the public hearing at 6:40 p.m. The City Manager said this was to bring the Land Development Code in compliance with the Comp Plan. Staff has defined where the additional park lands would be in relative to the development and if the developer couldn't provide the additional land, they would have to purchase property outside of the area for an additional cost of 15%. Staff also included the provision not to accept any lands less than one acre. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve Ordinance No. 0-22-02. 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 31 of 112 Regular City Council Meeting April 13, 2022 Page 6 22.023 B. Continue Second Reading and Public Hearing of Ordinance 0-22-03 - Proposed Land Development Code Amendment - Article XXII and Article XVI Amending Sections Relating to Murals (Transmittal, 0-22-03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54-3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-03 and Mayor Hill opened the public hearing at 6:42 p.m. The City Manager said was the second reading with two substantive changes to include that the Chamber was going to administer the program and a clear definition of what the themes would be. He requested approval from Council. There was no public input. MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to approve Ordinance No. 0-22-03. 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 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS 22.073 A. Approve Ahrens Companies Change Order #5 in the Amount of $34.548.00 for Increased Material Costs Associated with the Construction of Hangar "D" at the Sebastian Municipal Aimort and Authorize the Citv Manager to Execute the Related Documents (Transmittal, CO#5, List) The City Manager said the cost of materials is increasing daily and while staff was able to offset some of the sales tax by purchasing as many materials as they could it wasn't enough to get the project completed. He said he didn't feel the increase was an unreasonable request and asked for approval. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve Change Order #5 to the Ahrens Companies for the increased costs associated with the construction of Hangar D. 32 of 112 Regular City Council Meeting April 13, 2022 Page 7 There was no public input. 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 22.074 B. Consider Reauest to Move the August 10. 2022 Council Meeting (Transmittal, calendar) MOTION by Council Member Dodd and SECOND by Council Member Nunn to cancel the August 10 meeting and if it is needed, the City Manager may call a meeting on August 31 passed with a unanimous voice vote. 5-0 13. CITY ATTORNEY MATTERS 21.115/22.075 A. Request Executive Session Regarding Imo_ ending Collective Bargaining Negotiations (Transmittal) The City Attorney cited F.S.465.605(1) which is an exemption from the Sunshine Law specifying all discussions between the chief executive officer (City Manager) of the public employer, or his or her representative (Negotiation Team), and the legislative body or the public employer (City Council) relative to collective bargaining shall be closed and exempt from the provisions of F.S.286.01I/Sunshine Law. He requested a collective bargaining meeting with the City Council to discuss wages and the implementation of the compensation and benefit plan. It was the consensus of Council that they will meet on April 20 at 6:00 p.m. The City Attorney reported that he has advised the Leisure Services Department and Police Department on the service dog issue. He said he would have the board and special magistrate revisions for them to review at the end of the month. 14. CITY MANAGER MATTERS The City Manager said hurricane season is right around corner and he asked residents to bring their household garbage to the Spring Cleaning Event at the Barber Street Sports Complex. In regard to the Garden Street Park discussion, the City Manager said the park has been neglected in the back due to staff turnover. To prepare for the hurricane season and help with the muck in the lake, staff has taken 90% of vegetation out, opened up some of the waterways, applied probiotics and upgraded the fountain. 33 of 112 Regular City Council Meeting April 13, 2022 Page 8 15. CITY CLERK MATTERS — None. 16. CITY COUNCIL MATTERS A. Mayor Hill Mayor Hill asked the City Manager to take a look at the Code with regard to roosters since the houses are allowed to be so close to each other. B. Vice Mayor Jones - None C. Council Member McPartlan i. Consider Donations to Non -Profit Organizations for Sebastian Residents Council Member McPartlan said he has received a lot of emails from elderly residents who are having trouble making their rent and mortgage payments. He asked Council if they would be interested in having the Treasure Coast Homeless Services Council oversee donations from the City with the restriction that the donation could only be used for Sebastian residents. Mayor Hill said he was not in favor of governments giving donations to charities but there is a difference in a government giving to a church. Council Member Dodd said he wouldn't mind giving to residents but there would have to be a set of rules. Mayor Hill said his concern would be who is controlling these organizations because the organizations do a better job than government in getting the money out. Council Member McPartlan said the director of the Treasure Coast Homeless Services Council is the expert for HUD and federal guidelines. She could give donations specifically to Sebastian residents. Mayor Hill suggested this should be done through the budgeting process rather than a case -by -case basis. Council Member Nunn asked if the Treasure Coast Homeless Services Council receives money from the County, do residents really want to be double taxed from the same organization. Council Member Dodd suggested that the Treasure Coast Homeless Services Council director give the City Manager a proposal to bring to Council. Vice Mayor Jones said if they consider this, what is going to stop other organizations from asking for donations. 34 of 112 Regular City Council Meeting April 13, 2022 Page 9 D. Council Member Nunn i. Discuss Drivewav Swales and Culverts Council Member Nunn said one of the biggest topics that came up during the election was storm drainage and from what he can see when it rains, the first level of storm drainage problems revolve around the culverts. He has spoken to some homeowners with blocked culverts who have told him to just fine them $100 a day and the City will get the money when they die and sell the house. He said he would like to propose a culvert and swale enforcement action where the code enforcement officers spend a couple of weeks of finding where the problems are and have a third party company go out to clean the swale and charge it back to the homeowner. He asked Council how they felt about it. Council Member Dodd said they would probably end up with 6,000-7,000 code enforcement actions and need temporary code enforcement officers to manage that. Mayor Hill said one of the most important things is to have an understanding of the City's drain system which is constructed to hold water. Code Enforcement would have to be careful so we aren't maintaining them because of the number of swales in the City. The City Manager said the challenge has been the people who say they just aren't going to fix it. He spoke to the City Attorney about putting a special assessment on the tax bill because it would provide a total public benefit. Mayor Hill asked how that is different than mowing someone's lawn. The City Manager said mowing the lawn is not a public benefit. He said he would like to find a meaningful way to clear the swales of the four or five residents who refuse to do it so tax payers aren't charged with cleaning their property. Council Member Dodd said the time to do this is when they redo the code enforcement process. Council Member Nunn said he was trying to focus on storm drainage; he didn't want to get drowned out in a larger process. Mayor Hill asked Council to agree to have staff provide a report on what they can do and what they cannot do. The City Attorney advised that a special assessment needs to be for the good of all, not a specific property. E. Council Member Dodd — None. 17. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 7:19 p.m. 35 of 112 Regular City Council Meeting April 13, 2022 Page 10 Approved at the April 27, 2022 Regular City Council Meeting. Jim Hill, Mayor ATTEST.' Jeanette Williams, City Clerk 36 of 112 Ma SEBAST_N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetinq Date: April 27, 2022 Aqenda Item Title: FY 20/21 Sebastian Riverfront CRA Annual Report Recommendation: Move to accept the FY 20121 Sebastian Riverfront CRA Annual Report Backqround: Chapter 163.371 Florida Statute requires the Community Redevelopment Agency to file a report of activities with the county or municipality that created the agency by March 31 st of each year. The Sebastian CRA Annual Report was submitted to Indian River County and posted on the City of Sebastian website. The FY 20/21 Sebastian Riverfront CRA Annual Report of activities is presented for acceptance by the Community Redevelopment Agency Board of Directors at the regularly scheduled CRA meeting. If Agenda Item Reauires Exnenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: 1. CRA Annual Report 2021 Administrative Services DepaqmejA Reviec+�•- City Attorney Review: Procurement Division Rev ew, iflawica . /U/4 City Manager Au orizaJon- Date: 37 of 112 an C* $EPAST_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 27, 2022 ALyenda Item Title: Third Party Insurance Settlement Agreement Recommendation: Approve the confidential settlement agreement and authorize the City Manager to execute the required documents. Backuround: On or about February 21, 2021 Mr. Robert Hanneman allegedly fell on or directly adjacent to a City sidewalk and is asserting personal injury, damages and certain medical expenses. It was later determined that this may have resulted because of work by an outside contractor. Our insurance carrier contacted the contractor's insurance company, Allied World Insurance Company, to indemnify the city and defend this claim. The contractor and their insurance company (Allied World Insurance Company) have reached a settlement agreement with all the Parties. The City, as a Party to the settlement agreement, makes no admission of liability or responsibility regarding this claim. Because the City was named in the complaint, we are required to sign off on the settlement agreement which is confidential. However, no City Funds were used. If Aeenda Item Reauires Expenditure of Funds: Budgeted Amount: NIA Total Cost: No City Funds. Attachments: Administrative Services Department Revie City Attorney Review: Procurement Division Review, if applic le: CIA i City Manager Authorization: Date: 38 of 112 LR C( ZWSE HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: April 27, 2022 Agenda Item Title: Craft Club of Sebastian Recommendation: Approve the 2022-2023 dates for the Craft Club of Sebastian Events at Riverview Park. Background: Requested dates are from 10:00am until 3:00pm. The Craft Club of Sebastian agrees to be respectful of any planned Veterans Memorial events that are scheduled for the same day. Rain dates are reserved for Sundays after single day events scheduled on a Saturday October 8, 2022 November 12 & 13, 2022 December 10, 2022 January 14, 2023 February 11, 2023 March 11 & 12, 2023 April 8, 2023 May 13, 2023 If Agenda Item Reauires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Letter of Request from the Craft Club of Sebastian 2. Park Use Permit Application 3. List of Dates Requested 4. Consumer's Certificate of Tax Exemption Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization Date: r 39 of 112 Craft Club of Sebastian, Inc Marie E Ferraro, President 6279 N Mirror Lake Dr Sebastian, Florida 32958 ccs.marie.ferraroPomail.com www.sebastiancraftclub.com March 31, 2022 TO: CITY OF SEBASTIAN FROM: CRAFT CLUB OF SEBASTIAN MARIE E FERRARO 6279 N MIRROR LAKE DR SEBASTIAN, FL 32958 This letter is to request the use of Riverview Park for our Craft Show for the season of October 2022-May 2023. We are continually grateful for your permission to use the park so that our Mission/Purpose to make and sell hand- made crafts can contribute to the Community of Sebastian and to raise funds for local charities. We hope that this request will be heard and approved by the City Council. Respectfully submitted Marie E Ferraro President NB: Required Paperwork has been submitted 40 of 112 My C„ SEBASTIAN HCWE OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone- (772) 228-7054 Fax: (772) 389-6249 'Far emergency..purposes ONLY; Please chat 77247.f)dSA' NO PERSON SHALL. DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARK!NG AREAS. ORD. 74-4.DRIVING OR PARKING ANY UNALJTIIQR;Z-M VEHiCiE IN THE PARK AREA WILL RE5ULT IN FORFEITURE OF THE SECURITY DEPOSIT. Please check appropriate; box{as): PaA Event (75 to 3au anticipated attendees# Special Event 1391 at more anticipated otreridpesl a 100 Security ueposst - $1W rent plus 6.5`&^a tax - $106.553 52t� Seturlty oepos€t - $200 rent plus 6,5% tax - $213.00 Will event require road closures 'Must provide detailed cite plan with application. 'if requesting ro3d clesureS• it tluderaad tlostare plan. qq-Spedai Events and. Alco.hnl Sever.tgc itr quest require City C ow)Oi Apttttival. Date:.r+ aS"oF Name of Permittee (permits trmay only 6e issued to an adult) Name of Organization (if applicable) CIO 7 q ,t Physical Address Maiiittg Address if DifferenL �•rno'it►e-.�trr�rfa��1ht City StAte Zip Phone E-Mail — Requested Date(s) G Rain Date (if applicabl ) 10 Arn Time From -40 Anticipated Number of Attendees Reason for Rental = Type of Function .. — Will there � any salts of goods? yr1s No I (if Yes, please descnbe lype of goods Qn back) Will there bQJ&d or other vendors? Yes No i'If Yes, Please I sl name, address of each on back with description and schematic of structures (tents, etc.) to be erectied or otherwise assembled an back- (May require health Dept, or Fire Dept, permit) f1 I. frtt E Est � y1? the undersigned, acknovdedge that I am the applicant or authorized agent of the above rsferenCed crganlxasion. I am awa e of the provisions Df the City of Sebastian Codes in respect to this application ar,d use cf City facilities for which I have applied igr a Is€trinit for a Park Event or Special Fvent. I have been prov#ded with Lhe general rules prescribed by the City altd agree to the terms lhereof- �X_a —fir_ � Slgnaill of Apll Park Use Penlli[ .Application Rev 1.2071 41 of 112 C.I7�Y OF ttaxtr Or Pftj Av uj_AND 91,M INNG PFYAM ME'dT Ff Ut MvENTWN OYME I_t:-,S %VL N %'rA "CT •5f"A)_'X1AN. 17:'SRIDn APPLICATION DATE: NAME OF EVENT: SPECIAL EVENT PERMIT APPLICATION SPECIAL EVENT FEE: $60.00 FIREWORKS DISPLAY: $100 ORGANIZATION HOLDING EVENT: L f' a `j l s�n a frsg � Q 5 V Lam ADDRESS LOCATION hFOR �' EVENT: � 1 Ve r I / i TI DATE(S) OF EVENT:61� Q 0 3 TIME(S) OF EVENT: from: 1 % r' to CONTACT PERSONS : fYNd,r.0 r I CONTACT E-MAIL ADDRESS.CCS r i �iCvr C. t o rratr� L q r •!� t (ap rr� DATE WHEN READY FOR INSPECTION: IQ- �_ � x— L [� TIME: 1 0 : L o �v'L FERMIT TECH. f 1T"w sl; I'ERMI7I�iCi. �� I*1 I,� ?___'V rn Ia f-3 ? SPECIAL EVENT APPLICATtON SHALL BE ACCOMPANIED BY A NEATLY DRAWN LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES 0f; ANY TENTS, VENDORS, COOKING AREAS, GENERATORS, FOOD TRUCKS OR TRAILERS, STRUCTURES OR STAGES. RESPONSIBLE PARTY SHALL CAREFULLY READ AND 1NTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM, NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS AVAILABLE AT MDIAN RIVER COUNTY FIRE BUREAU WEBSITE SPECIAL EVENT COOKING CIUESTIONAIRE 1. Location of cooking shown on attached sketch? YES ✓ NO N/A 2. Is any cooking taking place under a tent? Explain: /yp (No deep frying permitted under a tent) 3. Number, type and size of cookers? Al/l} a. Type(s) of heating source? (LP, Electric, Charcoal, etc.) elei_. 5. Any cooking trucks, trailers or structures? Please List: 1 (�u L I+1i r [ I c C V w ei etci LAJ Ct j evr Only items that in accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold in the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN 791 FS WILL BE PERMITTED FOR SALE ONLY WITH SPECIAL EVENT PERMIT ISSUED BY THE CITY OF SEBASTIAN FIRE PREVENTION OFFICE. Any vendor found in non-compliance with the Florida Fire Prevention Cade and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violations j. I HAVE READ AND UNDERSTAND THE FORGOING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST APPUCANi5 SIGNATURE. �� - �.. ���... � ~ PRINTED NAME: _ "4 fC l+ � �� (L d- A(� n 42 of 112 CITY of; rraaar'r�rac,�r; iSa:ndr� Lw/A:,raYi 1�.: •�fjy{'t ` ( (1 y y r� i Ir`, [( ice, 'r lA TO.O"aV 5TtT-- 'Y • !.r3n.5r!*i„`.'. Stiff I spk.-A. ix�.�frxftir.' i>�iao..tct: 0§ cr).1 sun SPECIAL k;i'1~NT N'EM)0R REOUI tENIENTS General. ?kasv rears pamfy.yy.; tq,lrjaT 0r,10 tlU4��$i�'�� {ice... s��.�la 5: Alt vi,-Mors "ag re.S� U€ia'"�i� i17f the kAowin� Ptems sro#~M EVENT N�.h'.t: g r ENT DATE(S) Of EV 70 k TS: Alt tents strafe have seine typead Fialnr�tCiBrdartt ar is - C�rtMttatar (TAG at PAPERWORKI m-Mte and subntttad to the Fier Preventon OMca prjor to tho ever=l st•act cano s smaller ttw 12A2 without axJas may be approved for on a Ease py Case taus. Carictpies rant be spaced a €nirir(un of 4 ft. a rt. No $MWOig aAowa f ip any t�41t. COOKING TENTS: Tents area aNwed oa have =lung i4)TROVE l �U&qggsj ai�xv ft Outer edrs Of the, LP gas Utr& must be sece.7ad to place (max cap V&., ) Fire Extinguisher must tie readtt<; avitlable. Any LP tam lamer Man 20 lbs. 9W b�i smred i4 P, titan tenth with W �nea set.tiTiid Ali, Yendcus shrafl have a W1 separation fvrr all rttlr�: -WOlkinogventtors.NQDE,F€RYlNi: ONDERTENIS FIRE WINGUSHEW It is recoanmer d fTtat every vendor (rave an extirVwsher Al leaV one currently ramified and tagsrea, of tvithfrr one year of manttiardure d ttt,6, exting0sher is re- every 7E it slang event walkWays. AR ors :vho are inking "Or using gerwatars art' Mir Iir have at L-..SI one r% ABC strrrentlyr cortitfed and tagged. or within trite yeir si manuWWre date, (1AMCI extitt" 4hor. AS uersdcarG �4r� are duo rat t,ymg are re*&&f to have at leas! unfit cufr ,n9y WOW Class K 4"Unguisher_ SEATING: Seat rrq arW chair arrangstsr'enjS shall be iap,.rav€;d by sere Fire Prevention Offte i to the event and rave r V min'num of Sit. wKfe wa*ways to aft exits in fire tip:. Tents %)t, ff)7''�ii%pn om;pant bead of over 4 retlune a mtrsi wrv. of 2 exllsa tYkl LARGE TENTS: For tents, 20X4 or la ar here orKkisms am used t sklesj, exi�s ftN have exi,, si naga. d a tent Is eo at Winn#, exit algae voll have aWched eptegency ttgi nq and tse AC and TC Pow-e sd. 2tW4 to larger tents must have+ NO SMPKING signs. J OPEN FLAMES: Any unauthorized Dimn ftami s. frreaaa•ks or ruel-firW lighting w tfi:v"s a ppyrbiWd in any btu or SiOWV VMOR CIATACT j -f d ...._ r rtt fa" Ft'*MstK unlLISS prior epproVat frM, The Fire Prevention Qf:ce is OW n.wa. 4F:Cte7L EL'E^r7 t'fFtrit3 NO. PSTORAQE, Use or himobag of knirriabie ligLsdS Or gases siurll prcahit>lEad at the site unless S,`5eaA=tly appscvad arrd insnected tyy the Fire Prevention Oft e. FL€}OR)DECOR: No hay, straw, shavings of afar metefials 111 M be permitted W be used within any structure, tent w, mupy. Cxr ticri5: pr pproved Rants retardant treated rnateir°•r�t� ,� irs+�-k, trerttirr+t�fficxi�;. GENERATORS: Generators shall be on level giouna, securaa at'd safety ortangO ane t$0184 i from tite o=panWgvnorel rrublic. Exhaust shall be 0acterf away from rambuslible mafer°.a fits. i mpie andfor dnrmels. Spare fuel shall he mTd :n n rprcv tf MIMInFf at a sate dismnce frren U g teas T3.�[l�_r•tl��t�K3 fsr�extirK,�;is�5errequir�. f iML EGTRIC; svinng and 1Fijhtiru(l s;aaii free dt damage, at; elwmcal ewi mew snail be isoWed from the oco; .:ntsfgeneral f Jb#c to a safe mariner AR eieclrica! M11nections and devires shall tie in approved encivwms COOKING: M food r ooking concession trucks, trailers, and sttitetures u! rrgtd cxrtstr€ ckm are MgW6d ',o ha" a CwTantty :29gea currimmiarl vvitija n and �ftlfp�RlrSt#bYtt'�£1'LrS3F�;hr?wS6i:Pti r'y ins d r imed per Site FFPC and NFPA 96_ G FiirrOWM fimoa FrM Afvmnlarn Code ;FFPC:}; NFP4 d, NFPA Sri, NFPA 7'0 WFA 0l. & FlfPA 102 Any vendor ss found not complying witti any of the checkl st Itarral may not be allowed to open andiur operate umil compliance is made. i d;a;�€�,�,rrf a,rd unrfer�tanrf thr�+ove vvrrsl�r rettati;�r�ierrri- 43 of 112 Craft Club of Sebastian c/o Marie Ferraro 6279 N Mirror lake Dr Sebastian, Florida 329SS Ccs.marie.ferraro@)ama iI.com 315.278.6437 Craft Club of Sebastian For the 2022-2023 Season I will request 2"d Saturday from October 2022 to May 2023 2022 Oct 8, 2022 Nov 12&132022 Dec 10, 2022 2023 January 14, 2023 Feb. 112023 March 11 & 12 2023 April 8, 2023 May 13, 2023 .........� --45 �f 112 -- _.. Consumer's CwtficeW of Exempflon a. s to cih er 212, FWFWb Stfwtae 86-801805228ec-3 ovoine o oar nm I 6oi (CX3) ORMIZATION CalMade Number Ei ewe EMMaMCOMMY This cerftftes that CRWT CLUB OF SEBAST AK INC OM N MMOR LAKE OR SEBASTIAN Fl. Is exmtrpt front ft pw naent of Rarlda sates and tree tax on real property rerted. transient nnW proPe ly rented, tafoble Pereosad properly PtArimmed or renTed, orservices puk*w9ed. ImportW Inf muldw for E]Gb[W OmwhMMOn9j ROIrl8 1. YOU nwad provide all vendors and s with an exwption carbtflcoe before making taut -exempt pumtrasea. Ses R de 12A-1.038, P"ida Admkdstrative Code (FAC.j 2_ Your CovrawsrW Comte of &wWdon is to be used solely by Your w9artt tlon for your cwgar&&wU cus<ort W natproM adlvlUes. 3. Pumhsses made by an Irtdl Wuah on behalf of the oMarftWon am !sable. even 0 the ktdir►OdW wM be mkra mrsed by the orgarthallm 4. i>tta: exampttan applies ordy to perch mm yaw OfWtMUM "slats. The sale or !sass to others of twMHAP parsonai property, sleeph V aoccrnmodadorts, or other reef property is taxable, your orpnis WM mtist ram, and ooOM and remit safes and use tax an such taxable trarwadlarm. NOW C1Furratm are exempt from this caqukernwa exmpt when they are to lessor of real properly (fbaia 12A-1.070, F.A.C. . 6. It Is a dine to fraudWently present this ate to evade the papwit of sates ta)L Under n4 circCanstaseces dwtdd this ceriffiede be used for the personal benefit of arty Mdhddt ai. MoW= wM be iiabte kw payment of the sales tax pins a pwwfty► of 200% of the tax, and may be sect to oonvk don Of 8 third-degree fakmy Arry vtolallon wM req ke the revocation of this cardficate. 6. tf you have VASUM about your wmrq*m cWtOOMO plem caa Tw payer Services at M 480-8800. The malting address is PO Box GM, Uldhassee, FL 3231464M. 46 of 112 MOF SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 27, 2022 Aqenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the Lovely Family Baby Shower at the Community Center. Backqround: Lucy Lovely is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, June 18th, 2022 from 11:00am to 4:00pm. Staff has verified applicant's date of birth. They are expecting less than 60 people. If Agenda Item Reauires Exaenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: NIA Zrr-11 NIA 47 of 112 fry k.* SEELAS-TI_N HOME Q> 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 772A73.0454" Date - ?2, Community Center ❑ Yacht Club LL L.7 1 \. '- h I Name of Permiee (permits may only be issued to an adult) Name of organization (if applicable) ry Physical Address , Mailing Address (if different) t oe = 7)1-6 33 6C 1 G city State Zip Phone _t, E-Mail �3 Reason for Dental --Type of Function Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Time: From Tot Please answer the following yes or no: r 1) Are you a resident of Sebastian? Y 2) Will there be an admission charge or door charge? 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age - t 4 44-3 j 11g1_j .• Date of Birth Verified by the undersigned, acknowledge that I am the applicant or authorized agent of the; above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. } Signature of: ppleant Revised 1 f20 21 48 of 112 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2409 Name Lucy L we..� Date 41 corn t n� I g, Z2 �a6 5he w c p- 001001�208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent ❑ Cash Check #-75/1 ❑ Credit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services Amount Paid 14.I' -4so . EEO Md .W 411 R Total Paid Initials White - Dept. of Origin - Yellow - Admin. Svcs. - Pink - Applicant 49 of 112 CM C14 iSEE . HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: April 27, 2022 Agenda Item Title: MPO Citizens Advisory Committee — Sebastian Representative Recommendation: Interview, unless waived, submit nominations for one member on MPO Citizens Advisory Committee Background: The City Clerk has received the following applications in response to the advertisement: Amber Cerda — Current Alternate Member Joseph Harrison Andrea Ring Attachments: Applications, member list, advertisement Administrative Services Departm7ft Re ` City Attorney Review: City Manager Authorization: / Date: 50 of 112 CITY OF B -� HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Offlb�!r C IcVla Address: City: State: TL Zip: Telephone: (qq2_ )1Q0 E-Mail Address: o 1 bef 1 ) O a=_aani Po y� l C ba) Employer: 1 �1 � .aM� 'R� City: VP L�� �C_ State: �`(_ Zip: Business Telephone: { I ){� - O 2 I am interested in serving on the following board s)/committee(s): C.� 15L Choice: C \J �1� i 1 �J 2nd Choice: '� V i C CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment **Must he resident one year prior to application. 51 of 112 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) qlv)af TQ aN\ nx \wc�-,q (.)A mm,� MOtvk)fs \Cl� Why do you want to serve on this board? �Iqe Mae VMkM n +�V 0 m M ('� In, (1�1 o -k-u (,km A0 Do you presently serve on another City Board or Committee? \kS If yes, please list: Have you previously served on any other City Board or Committee?, If yes, please list: �,kCi iC' q—r Kew d F. E. wl I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries 1 may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. I)ttp://wvrw.ethics.state.fl.us/etliics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fisenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false s tements or omissions from this application may be cause for my application not to be considered. Signature of Applicant- �_ � (Date: Date Received by City Clerk's Office ZS �� I i by: W ALA.4` W 52 of 112 Cn OF SETV HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Address: y F0 Lr D A(%CI-{✓I= City: 5F5g rn 4?Al State: rk61X1JP14 Zip: .5.2- 1.-8' Telephone: ( 5­4 / ) 2S'.Z - T,5'3 G E-Mail Address: -7-alS e - S1 'Al /'/n� Sn dJ Jf0r,4f ,C-V'oJ Employer: fe C_ -I,-- / /Z_ e- P City: State: Zip: Business Telephone: ( ) - I am interested in serving on the following boa rds)/committee(s): 1" Choice: Cma.s/Ty �t�0 ��drS,PtiY 2 Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years -next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 53 of 112 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) (�[� �/vi'rjo �iGcrf:fC/ 4e:r5 r•rac�/ ',;�rrt G��" C (tf - 40 11-1 ! s Ire cv, i !' CA r� "/' y�i d� C S, Why do you want to serve on this board? s 2vG 71�,- 7-s G<.r .� � �r•�,�'rddi� l � P. �� c�a � {� � � /, -�c G�r� Se✓r�rc��.s ed,aq �'�` �a5 e r S/dam 7f / Do you presently serve on another City Board or Committee? A,41 If yes, please list: Have you previously served on any other City Board or Committee? 4C% If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part ili) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.gov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: / rVilr 1 Date Received by City Clerk's Office 'f 11 Z./ ZU2Z by: W ��`1'L� ` 54 of 112 My OF SEELAS HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Andrea Ring Address: 407 Quarry Lane City: Sebastian Zip: 32958 Telephone: (276 920 _ 1715 E-Mail Address: andrearing@att.net Employer: none City: State: Business Telephone: ( I am interested in serving on the following boa rds)/committee(s): ist Choice: MPO 2" Choice: 9M State: FL CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) "Filing of finonciol disclosure is required following appointment **Must be resident one year prior to application. 55 of 112 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) college degree BA Mathematics from SUCO State University College at Oneonta work experience taught math & sicence at jr. high level worked in Data processing starting as trainee to systems analyst to project management this is a county position and I was told it would not interfer with my current postion on the pension board Why do you want to serve on this board? I would like to share my ideas for the future of IRC especially concerning environmental issues Do you presently serve on another City Board or Committee? yes If yes, please list: Police Pension Board Have you previously served on any other City Board or Committee? yes If yes, please list: Natural Resourses Board (chair) ; Citizens Budget Review I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.fisenate.p-ov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: � � Date: 56 of 112 Date Received by City Clerk's Office LI / rz(ZOZZ by: I RC M Po Citizen Advisory Committee By Laws approved at the MPO meeting of December 8, 2004, amending the membership from 13 to 14 voting members, per Resolution #92-83 dated June 16, 1992, Section 134, Title 23, L.S. Code and Florida Statutes Chapter 339.175. Total of 14 members: (5) County representatives appointed by the BCC, (2) Sebastian Representatives; (1) Indian River Shores; (2) Vero Beach, (1) Fellsmere, (1) Indian River County School Board, (2) Members -at -Large, one representing the racial minority interests and one representing the transportation disadvantaged community - 1-year term. Meetings are held on the first Tuesday of each month at 2:00 p.m. at the County Administration Building B, 1800 27th Street, Vero Beach, FL in Conference Room B1-501. Members • Juliana E. Young - (Chair), BCC Appointee • Chuck Mechling - (Vice Chairman), BCC Appointee • Mike Grim - BCC Appointee • Francis McElhenny - BCC Appointee • Erica Ogilvie - BCC Appointee • Joan Smith Edwards - Vero Beach Representative • Herb Whittall - Vero Beach Representative • Nancy Auwaerter - Indian River Shores Representative • Bruce Hoffman - Sebastian Representative • Deryl Seemayer - Sebastian Representative t-r_-f� y-e_J • Clarence Korker - City of Fellsmere • William Lundy Parden - Transportation Disadvantaged Representative • Freddie Woolfork - Minority Representative • Jennifer Idlette - IRC School Board O 2022 Indian River County Board of County Commissioners Home (https://www.ircgov.com/) I Boards (https://www.ircgov.com/Boards/Ind-7,wrnh I Departments (https://www.ircgov.com/Departments/Index.htm) I March 29, 2022 Contact: Jeanette Williams 388-8215 Press Release Metropolitan Planning Organization Citizen Advisory Committee Sebastian Member Representative The City of Sebastian is seeking a City Resident to represent the City on the Indian River County Metropolitan Planning Organization Citizen Advisory Committee. This committee meets the first Tuesday of the month at 2:00 p.m. in Vero Beach. The committee provides citizen input into the MPO planning process involving transportation and ensures a high degree of public involvement in that process. If you are interested or for further information, please contact the City Clerks Office, 1225) Main Street, Sebastian, FL by calling 388-8215. Applications are available in City Hall or on the website at www.citvofsebastian.ora and will be accepted until April 13, 2022. 58 of 112 JT) if ROAST-" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 27, 2022 Auenda Item Title: Ordinance No. 0-22-04 - Proposed Code of Ordinance Amendment - Article III by amending definitions relating to junk. Proposed Land Development Code Amendment - Article IV by amending land use compatibility; Article V by amending zoning district regulations relating to industrial uses and creation of new zoning district; Article VI by amending conditional use criteria relating to industrial uses; Article XXII by amending language and definitions relating to industrial classifications. Recommendation: Hold first reading for Ordinance 0-22-04. If approved, set second reading and public hearing for May 11, 2022 Backizround: In accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. Staff has summarized, reviewed and confirmed necessary modification or additions within the Code of Ordinance and the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive PIan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Land Use Element Policy 1-1.3.7: Industrial Land Use Designation. The purpose of the Industrial Land Use designation is to provide strategically located sites for industrial needs and requisite support services. The City's Industrial Land Use may be further designated as Industrial (IND) and Heavy Industrial (HI) in order to support.future economic development and job growth. In the past, absorption of industrial land has been relatively slow within the City. Most industrial districts are established locations with existing conditions. Challenges existfor new large scale industrial employers to locate in the City due to lack of adequate parcel sizes, infrastructure, and locations with convenient access to major transportation routes. New industrial locations shall ensure protection of environmentally sensitive lands and protected natural resources. A high priority shall be given to reserving strategically located lands adaptive to the unique location requirements of industry. A. Industrial (IND) Land Use designation provides for limited manufacturing and industrial uses which minimize the potential for any adverse impacts upon nearby properties which include: utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling activities; general commercial activities; aviation related industry, services and facilities; support services such as night watchmen or custodian residential accessory uses; and other similar land uses which shall be regulated through appropriate zoning procedures. B. Heavy Industrial (HI) Land Uses are subject to additional protective measures through appropriate zoning procedures. The City will establish separate III district location criteria and performance criteria that provide a greater separation from impacts to surrounding land uses. Uses permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including: sites which require large surface area, bulk storage facilities, logistic centers/terminals; 59 of 112 distribution centers; warehousing, manufacturing and processing; green technologies and wholesale salvage operations; and support services such as night watchmen or custodian residential accessory uses. C. Locational Standards: 1. Industrial sites shall generally be allocated in areas accessible to arterial roads, rail corridors, or near airport facilities and should be located in more sparsely developed areas. New industrial land use areas shall also be located near existing compatible land uses, separated from residential and institutional areas. Where new industrial locations are adjacent to environmentally sensitive lands and protected natural resources, appropriate buffers and other techniques shall be used to ensure protection of such lands and resources from industrial development. The maximum intensity is 0.5 FAR. 2. The City shall encourage industries that contribute to the City's and local economies of the Treasure Coast and Space Coast. The City shall also encourage green industries (such as recyclingfacilities) that minimize potentially negative regional impact to the environment. 3. The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of industrial land use shall be determined based on the following considerations: • Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; • Anticipated employment generation, floor area requirements, and market area; • Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of hazardous by-products; • Impact on established as well as anticipated future development and natural systems; and • Impact on existing and planned public services, utilities, water resources, and energy resources. 4. The City shall prevent nuisance impacts frequently associated with industrial activities by maintaining performance standards in the LDCfor managing emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare. 5. In addition to the performance standards identified above, the City shall establish performance standards in the LDC as it pertains to both industrial and heavy industrial districts which at a minimum address, but are not limited to, the following: • Allowable uses • Land use compatibility, buffering and landscaping • Access points, traffic controls, and parking • Signage • Gross floor area, impervious surface ratios • Open space • Character of an area • Locational factors • Environmental impacts • Secondary containment and open air storage facilities. 60 of 112 6. All facilities adjoining or on an airport shall be in accordance with FS Chapter 333 and 330 and shall protect aerial approaches and not restrict or prevent aircraft operations. The Planning and Zoning Commission reviewed Ordinance 0-22-04 on March 3, 2022 and unanimously approved the draft ordinance with the recommendation of changes shown for City Councils review. Subsequently, staff has further refined the ordinance with suggested language. If Agenda Item Requires Exbenditure of Funds: Budgeted Amount: N/A Total Cost: No cost for this agenda item is anticipated. Funds to Be Utilized for Appropriation: NIA Attachments: 1. Ordinance 0-22-04 Administrative Services Department ew:' City Attorney Review: Procurement Division Rev' w, if a Wicabl U City Manager er Authorization: g Date: 61 of 112 ORDINANCE NO.O-22-04 AMENDING CODE OF ORDINANCE SECTION 86-46 PROVIDING FOR DEFINITIONS; AMENDING CODE OF ORDINANCE SECTION 86-47 CLARIFYING UNLAWFUL DEPOSITS, EXCEPTION; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-4.2, FUTURE LAND USE MAP (FLUM) DESIGNATIONS AND ZONING DISTRICTS BY PROVIDING NEW LAND USES AND CLARIFYING ZONING DESIGNATIONS; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.6, INDUSTRIAL DISTRICT (IN) BY ADDING CRITERIA FOR NEW HEAVY INDUSTRIAL (HI) DISTRICT; ADDING LAND DEVELOPMENT CODE SECTION 54-2-5.6A, CRITERIA FOR HEAVY INDUSTRIAL (HI) ZONING DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.13, INDUSTRIAL PLANNED UNIT DEVELOPMENT (PUD-I) BY ADDING CRITERIA FOR HEAVY INDUSTRIAL (HI) DISTRICT; AMENDING LAND DEVELOPMENT CODE SECTION 54-2- 6.4, PROVIDING CRITERIA FOR CONDITIONAL USE; AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, ADDING DEFINITIONS; AMENDING SECTION 54-5-22.3 ADDING LAND USE CLASSIFICATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to new zoning districts relating to new land uses; and WHEREAS, the Local Planning Agency held a public hearing on March 3, 2022, and made a recommendation to City Council to approve Ordinance 0-22-04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE III. JUNK Sec. 86-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: COS 4 2022 62 of 112 (a) "Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured ^r shall ha,.... only salvage value "A4+ere-by—part& the of aFe Lap used fn the Feplacement Rd repair Of Gther OW vehicle A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b) "Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. (c) "Recyclable materials" shall include waste materials that can be used to manufacture a new product or reuse of the material for a similar or original purpose or waste that can be converted into reusable material. Specifically prohibits "Junk" as defined in (a) except for the following: motor vehicles, trailers, household appliances, scrap metals, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, paper, or any other kind of common household items. Sec. 86-47. Unlawful deposits, exception. It shall be unlawful to deposit, store, or maintain, or to permit to be deposited, stored, or maintained junk as defined in section 86-46 of this Code, in open-air storage except as permitted in the applicable zoning districts. The temporary deposit of junk or recycling in a location authorized for waste collection is exempted from this section. Amendment 2: ARTICLE IV. LAND USE COMPATIBILITY Sec. 54-2-4.2. - Future land use map (FLUM) designations and zoning districts. Table 54-2-4.2 "Future Land Use Map (FLUM) Designations and Compatible Zoning Districts" references adopted FLUM designations contained in the land use element of the City of Sebastian Comprehensive Plan and identifies corresponding zoning districts which are hereby established in order to implement the FLUM designations, respectively. TABLE 54-2-4.2{' FUTURE LAND USE MAP DESIGNATIONS AND COMPATIBLE ZONING DISTRICTS Comprehensive Plan Corresponding Compatible Zoning Districts Future Land Use Map Designation C I Conservation C: I Conservation COS 4 2022 63 of 112 VLD Very Low Densitv Residential RE-40: Residential Estate RS-20: Single-Familv Residential RS-10: Single-Familv Residential PUD-R: Residential Planned Unit Development LDR Low Density Residential RE 4& Reside'itiul EcJz:e RS-20: Single -Family Residential RS-10: Single -Family Residential PUD(R): Residential Planned Unit Development MDR Medium Density Residential RM-8: Medium Density Multiple -Family Residential RM-10: Medium Densitv Multiple-Familv Residential PUD(R): Residential Planned Unit Development MH Mobile Home Subdivisions R-MH: Mobile Home Subdivisions PUD-MH Mobile Home Planned Unit Development C-512 Commercial CR-512 Corridor C-512: C-512 Commercial District CL Limited Commercial CL: Commercial Limited PUD C : Commercial Planned Unit Development CG General Commercial CG: Commercial General PUD(C): Commercial Planned Unit Development MU: Mixed Use RMU Riverfront Mixed Use CR: Commercial Riverfront CWR: Commercial Waterfront Residential RM-8: Medium Density Multiple -Family Residential PUD(R): Residential Planned Unit Development PUD(C): Commercial Planned Unit Development MU: Mixed Use MU Mixed Use Mixed Use MU: CG: Commercial General PUD(C): Commercial Planned Unit Development RM-8: Medium Densitv Multiple -Family Residential RM-10: Medium Densitv Multiple-Familv Residential PUD(R): Residential Planned Unit Development CL: Commercial Limited IN: Limited Industrial PUD I : Industrial Planned Unit Development IN Industrial IN: Limited Industrial Al Airport and Industrial Facilities PUD(I): Industrial Planned Unit Development COS 4 2022 64 of 112 HI Heavy Industrial IN: Limited Industrial HI: Heavv Industrial PUD I Industrial Planned Unit Development INS Institutional PS: Public Service CON: Conservation NOTE:(1) Manufactured housing is permitted in all residential districts within the city if the units comply with the following standards: 1. City's adopted building code; 2. State mandated criteria governing construction in coastal areas; 3. State of Florida buildings standards of F.S. chapters 320 and 553; and 4. U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards of 1974 (i.e., F.S. § 320.823) The official zoning map may correct drafting and clerical errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the code or any subsequent amendment thereto without duly noticed public hearings as provided herein. When any official zoning map is replaced, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption and amendment. Amendment 3: ARTICLE V. ZONING DISTRICT REGULATIONS Sec. 54-2-5.6. Industrial District (IN). (a) Intent. The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on land designated IN on the future land use map. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter Ill, as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian within the IN district. Such activities are more appropriately located AeaF Majer t;aRspertatk)R the HI district (Sec 54-2-5.7) and PUD (I) district (Sec 54-2-5.13). (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive -through facilities Gasoline sales Crematory Commercial retail with <_ 5,000 sq. ft. Pharmacies Medical marijuana dispensaries Commercial amusements, enclosed COS 4 2022 65 of 112 Storage facilities Plant nurseries Restaurants with or without drive -through facilities Trades and skilled services, including marine -related Wholesale trades and services Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges, public and private Schools, public and private Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman or custodian facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Recycling.or matorialc reeove^, facilities Accessory uses to conditional uses COS 4 2022 66 of 112 (d) Dimensional regulations: (1) Maximum FAR: 50%. (2) Maximum height: 35 feet. No structure shall be erected within the approach zones of active runways on the Sebastian Municipal Airport at a height in excess of those permitted by the FAA or the city council. All structures shall comply with the City of Sebastian Airport Master Plan. (3) Lot coverage: Maximum building coverage: 50%. Maximum impervious surface: 80%. Minimum open space: 20%. (4) Lot dimensions: Minimum lot size: 15,000 square feet. Minimum width: 100 feet. Minimum depth: 125 feet. (5) Minimum setbacks: Front yard: 20 feet. Side interior yard: None. Rea r ya rd: 10 feet. No building or structure in an IN District shall be located closer than 30 feet to a residential district. (6) Separation requirements: • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any public school, charter school, private school, daycare or childcare facility. • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from any church, playground, public recreational facility or community center. • Pharmacies and medical marijuana treatment centers shall not be located closer than 500 feet from another pharmacy or medical marijuana treatment center, and only one such business shall be located any single shopping center. (e) Processing and storage within the Industrial District: in the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within 200 feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircraft. (QFd. Ne: -1 10, 5 n 10_10_2012; Ord Ne. 0 18-91, § 2 6_12_201 a; Ord. No. ^a 0 19 07, 2, 1 9 2021-C 54-2-5.6A Heavv Industrial (HI) (a) Intent. The Heavv Industrial NO district also serves as the Citv's heavv industrial development COS 4 2022 67 of 112 area and is intended to permit industrial and manufacturing establishments of varving size, scale and types; limited commercial and office/medical uses necessary for the vitalitv of the district may also be provided. (b) Permitted Uses shall be per the IN district, Sec. 54-2-5.6.(b). (c) Conditional Uses shall be per the IN district, Sec. 54-2-5.6.(c) with the following additional uses: Recvcling and materials recovery facilitv (d) All Heavv Industrial Uses shall be reviewed using the Conditional Use findings provided in Sec. 54-2-6.2 at time of site plan review and planning and zoning commission hearing. (e) Dimensional regulations: (1) Maximum FAR: 50%. (2) Maximum height: 35 feet; see also additional limitations per Section 54-2-7.12 Airport height limitations (3) Lot coverage: Maximum building coverage: 60%. Maximum impervious surface. 80%. Minimum open space: 20%. (4) Lot dimensions: Minimum lot size shall be 5 acres. Minimum width: 200 feet. (5) Minimum setbacks: Front yard: 50 feet. Side interior vard: 25 feet. Rear yard: 50 feet. No building or structure shall be located within 100 feet of a residential district. (f) Outdoor Storage. SeCOndary Containment, and Open Air Storage (1) All outdoor storage shall include Secondary containment meeting minimum standards for open-air storage facilities and industry standards. (2) Screening and buffering to prevent anv adverse impacts on adiacent lands and residential areas shall be in conformance with standards established in section 54-3-14.16(c)(1). (3) All outdoor business. servicing, manufacturing or processing. including the storage or parking of semi - trucks and trailers (for longer than 48-hours) and shall be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district and shall be located at least 50 feet from a public or private right-of- wav and at least 100 feet from anv abutting residential use or residentially zoned district. COS 4 2022 68 of 112 (4) Any outdoor storage shall not be located within 100 feet of the boundaries of the propertv or within 200 feet of anv watercourse, waterbodv, or wetland. (5) In addition, outdoor storage is not permitted in any required street (front) or side vards (No outdoor storage shall be allowed in street vards or otherwise forward of the front building line). (6) All outdoor storage shall be screened from view from the public right-of-wav, public parking areasf or adjacent residential development by an opaque wall or fence a minimum of eight feet in height. (7) -All outdoor storage, secondary containment, or open air storage shall emplov pollution prevention best management practices (BMPs) to minimize the risk of stormwater exposure and the potential for pollutant transport to anv on -site stormwater management system, to the Municipal Separate Storm Sewer Svstem (MS4), or to surface waters of the state. An annual M54 small site industrial generator report is required to be submitted to the state_ The industrial site's National Pollutant Discharge and Elimination Svstem (NPDES) permit, as required and regulated by the Florida Department of Environmental Protection (FDEP). shall be established and maintained according to the requirements of FDEP. The site's most current FDEP approved past -development stormwater pollution prevention Plan (SWPPP) or BMP Plan shall be submitted to the City Planning Department. (8) All outdoor storage, secondary containment, or open air storage shall emplov pollution prevention best management practices (BMPs) in accordance with industry standards for managing emission of noise, air pollutants, odor, vibration, fire, or explosive hazard and glare. Sec. 54-2-5.13. Industrial Planned Unit Development (PUD-1). (a) Intent. The objective of this zoning district is to establish regulatory standards for controlling the location of comprehensively planned industrial development located in areas removed from residential areas and accessible to arterial roadways. The PUD(I) is intended to incorporate a flexible management policy, which fosters innovative master planning in the design and development of large scale industrial areas. The PUD(I) District provides for industrial land uses and accessory sales and service activities and promotes high standards of land planning and site design. (b) Compliance with comprehensive plan and future land use map. All industrial PUD's must comply with the provisions of the Sebastian Comprehensive Plan. In addition to meeting the performance criteria set forth in this section, all land contained within an industrial PUD must have an "Industrial" comprehensive land use map designation. (c) Location and size. An Industrial PUD shall have frontage on a primary arterial roadway, as designated on the City of Sebastian Major Thoroughfare Plan. At the time a PUD(I) application is submitted and approved by the city the land included in the PUD(I) application shall have a minimum of 25 contiguous acres and shall be under unified control as required pursuant to section 54-4-20.1(b). (d) Land use mix. The specific land use mix within a PUD(I) District development shall be determined by the underlying comprehensive plan future land use map designation. The location of the various land uses shall be determined during the review of the preliminary development plan required pursuant to section 54-4- 20.3. (e) Permitted uses. Permitted uses shall include those land use activities cited below which are determined to be consistent with the underlying comprehensive plan future land use map designation and shall be permitted by right within an approved PUD(I) development plan. COS 4 2022 69 of 112 (1) Uses as permitted in section 54-2-5.6 or 54-2-5.6A. (f) Conditional uses. Conditional uses shall include those land use activities as defined in section 54-2-5.6 or 54-2-5.6A and are; (1) consistent with the comprehensive plan future land use map designation; and (2) comply with all requirements and conditional use criteria provided in this ordinance and in other applicable laws and ordinances. The planning and zoning commission shall determine if such conditions and provisions are satisfied. All conditional uses allowed within an industrial (IN) or heavv industrial (HI) zoning district may be permitted within the corresponding comprehensive plan land use map designation provided that all conditional use criteria of article VI are satisfied. (g) Perimeter transition area. All uses shall conform to the purposes of the Industrial Planned Unit Development District and shall be compatible with all uses, existing or proposed in the vicinity of the area covered by the proposed planned development. (1) Compatibility with adjacent residential property. No structure proposed for industrial use shall be constructed within 209 100 feet of that part of the perimeter property line adjacent to property zoned for residential development. (2) Compatibility with adjacent nonresidential property. In those cases where the perimeter line does not abut an existing residential development or residentially zoned land, the minimum setback shall be determined as part of the preliminary development plan review. No building shall be located within 40 feet of the outer boundary of the PUD district, excepting entryway security buildings and structures approved by the city council. (h) Size and dimension regulations. The intent of the PUD(I) is to offer greater flexibility in the design of innovative large scale development and to accommodate amenities generally not found in conventional development. The location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all other planned site improvements shall provide for: • Safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of emergency services such as fire protection; • Buildings with safe entry and exit from the front and the rear of respective buildings; and • Convenient, well landscaped and designed pedestrian ways and open space systems. All such planned site improvements shall be governed by the following: (1) Minimum size and dimension of industrial site improvements. a. Minimum lot size. No individual minimum lot size shall be required within an Industrial Planned Unit Development. b. Floor area ratio(FAR). The FAR shall not exceed 50% and shall comply with Sec. 54-2-5.6(d) and Sec. 54-2-5.7(e) provisions governing FAR in industrial districts. C. Frontage requirements. All land use activities within a PUD(I) shall have access to a public street. d. Setback and yard requirements. There are no required setbacks or yards within the Industrial Planned Unit Development except as otherwise provided for herein. e. Distance between buildings. There shall be a minimum of 20 feet separating buildings, excepting buildings with immediately adjoining or common walls. However, the minimum distance separating one building over 25 feet in height from an adjacent building shall be 20 feet plus one foot for each additional two feet in height above 25 feet. f. Height. The height of structures shall not exceed 35 feet. COS 4 2022 70 of 112 g. Open space. The development shall maintain no less than 25% percent open space. Higher standards may be required for conditional uses, which demonstrate consistency with standards for open space and green space for such uses within this Code. (2) General criteria for reviewing size and dimension standards. See section 54-4-20.1(f) for specific criteria to be applied in assessing density, intensity, and other size and dimension requirements for site specific development proposals. (i) Screening and buffer yard requirements. See article X 44-XIV for specific criteria to be applied in assessing the required screening and buffer yard requirements. (j) Subdivision improvements and urban design amenities. In addition to the requirements of article XIX of this Code as well as open space systems and street furniture, subdivision improvements and urban design amenities shall reflect principles and practices of urban design, including streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development. This requirement shall be enforced in order to implement the purpose and intent of the PUD(CI) and section 54-4-20.1(j). Amendment 4: ARTICLE VI. CONDITIONAL USE CRITERIA Sec. 54-2-6.4. Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (36B) Recycling or materials recovery facilities: a. Applicable zoning districts. Recycling or materials recovery facilities shall be permitted as a conditional use within the following zoning districts: MNHI. b. Conditional use criteria. Recycling or materials recovery facilities will be allowed provided the following conditions are met: 1. A site plan meeting all the requirements of Article X and Article XVIII. including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations. 2. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. 3. All operations shall be conducted entirely within an enclosed building and no portion of the site may be used for outside storage greater than a 48-hour period. 4. Outside storage (no greater than a 48-hour period) may be approved by the planning and zoning commission if sufficient land area and secondary containment is provided together with screening and buffering to prevent any adverse impacts on adjacent lands and residential areas as noted in conditions 5, 6, and 7 below. Secondary containment must meet minimum standards for open-air storage facilities. COS 4 2022 71 of 112 5. No building shall be located closer than 59-100 feet to any property line abutting a residential district. 6. There shall be a minimum lot size of two 5 acres. 7. Screening: All side and rear yards between the recycling facility and adjacent properties having a non-commercial use or non-commercial land use designation shall be screened in accordance with the standards established in section 54-3-14.16(c)(1). Amendment 5: ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Recreational vehicle (RV). Any travel trailer, camper, boat, or trailer as defined herein. Additionally, any portable vehicular structure that is built on a chassis, which is designed as a temporary dwelling for traveV and recreation, and which has a transportable body width not exceeding eight feet and a length not exceeding 40 feet. Recycling. Anv process, including compostin.R and mulching, in which solid waste, or materials which would otherwise become solid waste, are collected, separated, processed and reused or returned to use in the form of raw materials or products. Recycling or materials recovery facilities. Operating facilities for separating and sorting recyclable materials from nonhazardous waste streams. Operations shall be conducted inside a building and temporarily (not greater than 48 hours) stored outside prior to delivery to a permanent site for reuse and or processing into new prod ucts. Sec. 54-5-22.3. Land use classifications. The purpose of these provisions is to classify uses into specially defined types on the basis of common functional characteristics and land use compatibility. These provisions apply throughout the zoning regulations. All land use activities are classified into the following activity types. This section shall not be considered an all-inclusive list of all permitted and/or conditional uses contained within the land development regulations. (d) Industrial activities. The following compatible land uses shall be considered industrial activities: (1) Warehousing, storage and wholesaling within enclosed buildings; also includes distribution (freight movement). (2) Mechanical repair and service, including but not limited to, machine shops and vehicular repair, service and maintenance. COS 4 2022 72 of 112 (3) tight manufacturing including skilled trades and services, light processing of woods, synthetics, and metal fabrication, assembly and distribution functions, electronics, re-,Wrah and developmen% and similar uses. (4) Building materials supply and storage, and contractor' storage trade units (with offices). (5) 'Accessory uses to those described above. (6) Outdoor6We and Open air storage in accordance with Sec. 86-46(b). (7) Research and development, with or without manufacturing. 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 such invalid provision. It shalll 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. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. 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 G. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows - Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn COS 4 2022 73 of 112 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK CITY OF SEBASTIAN, FLORIDA IN JIM HILL, MAYOR Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY COS 4 2022 74 of 112 ❑a Lf SESAS-?" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: April 27, 2022 Aaenda Item Title: Approve the solicitation of an auditing firm to conduct the annual financial audit and approve an Auditor Selection Committee to include two Members suggested by Staff and vote on one City Council Member that should be chosen by a vote by the City Council. Recommendation: Staff recommends approval to solicit proposals from auditing firms and approval of an Auditor Selection Committee, including the two Members suggested by Staff. City Council will need to select one City Council Member chosen by a vote by the City Council. Backaround: The current auditing firm began performing our audits in 2006. Staff was scheduled to conduct a Request for Proposal for auditing services in 2020 but because of COVID-19 it was determined that it was in the best interest of the City to delay the process until we were certain we would receive adequate responses. Florida Statutes 218.391 addresses procedures a municipality must use when selecting auditors to conduct the annual financial audit. This requires the City Council to establish an Auditor Selection Committee of at least three Members to assist with the selection. One Committee Member must be a City Council Member and must serve as the Chair of the Committee. Staff believes Larry Napier and Bruce Hoffman from the Citizens Budget Review Advisory Committee would be excellent choices for the other two Members. Both are very familiar with the City's municipal accounting structure and have agreed to serve. The City Manager, CFO or any other City employee is not permitted to be a Committee Member and may only serve in an advisory capacity. However, it is recommended that Mr. Killgore act in an advisory capacity. With Staff assistance, the Auditor Selection Committee will set the criteria and qualifications for the auditing firms and solicit auditing firms using the City's RequE!st for Proposal Process. They will rank the proposals based on the criteria established and make a recommendation to the City Council. The City Council may then authorize staff to conduct negotiations for a final contract, which will be brought back to the City Council for final approval. All meetings of the Auditing Committee will follow Florida's Sunshine Law and will be open to the public. Attachments: Florida Statutes, Chapter 218.391 Financial Auditing Services, RFP 22-08 Administrative Services Depa'rtme Re City Attorney Review: Procurement Division Review, if applicable: 41/A City Manager utho ization: Date: 4 // , 75 of 112 -11 Select Year: 2021 v FGo The 2021 Florida Statutes Title XIV Chapter 218 View Entire TAXATION AND FINANCIAL MATTERS PERTAINING TO POLITICAL Chapter FINANCE SUBDIVISIONS 218.391 Auditor selection procedures.— (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shalt use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39, (2) The governing body of a county, municipality, special district, district school board, charter school, or charter technical career center shalt establish an auditor selection committee. (a) The auditor selection committee for a county must, at a minimum, consist of each of the county officers elected pursuant to the county charter or s. 1(d), Art. VIII of the State Constitution or their respective designees and one member of the board of county commissioners or its designee. (b) The auditor selection committee for a municipality, special district, district school board, charter school, or charter technical career center must consist of at least three members. One member of the auditor selection committee must be a member of the governing body of an entity specified in this paragraph, who shall serve as the chair of the committee. (c) An employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may not serve as a member of an auditor selection committee established under this subsection; however, an employee, a chief executive officer, or a chief financial officer of the county, municipality, special district, district school board, charter school, or charter technical career center may serve in an advisory capacity. (d) The primary purpose of the auditor selection committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the committee may serve other audit oversight purposes as determined by the entity's governing body. The public may not be excluded from the proceedings under this section. (3) The auditor selection committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. 76 of 112 Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shalt recommend such firms as it deems to be the most highly qualified. (4) The governing body shalt inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the auditor selection committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. if the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shalt be formally terminated, and the governing body shalt then undertake negotiations with the second -ranked firm. Failing accord with the second -ranked firm, negotiations shall then be terminated with that firm and undertaken with the third -ranked firm. Negotiations with the other ranked firms shalt be undertaken in the same manner. The governing body, in negotiating with firms, may reopen format negotiations with any one of the three top -ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest -ranked qualified firm or must document in its public records the reason for not selecting the highest -ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) in negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. 77 of 112 J (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed -upon compensation is reasonable to satisfy the requirements of s. 218,39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. (9) If the entity fails to select the auditor in accordance with the requirements of subsections (3)-(6), the entity must again perform the auditor selection process in accordance with this section to select an auditor to conduct audits for subsequent fiscal years. History.—s. 65, ch. 2001-266; s. 1, ch. 2005-32: s. 15, ch. 2019-15. Copyright © 1995-2022 The Florida Legislature • Privacv Statement • Contact Us 78 of 112 REQUEST FOR PROPOSALS RFP #22-08 FINANCIAL AUDITING SERVICES WWI SEBAST" HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, FL 32958 ADMINISTRATIVE SERVICES DEPARTMENT ACCOUNTING SERVICES DIVISION EVENT RELEASE DATE: MANDATORY PRE -SOLICITATION CONFERENCE: QUESTIONS DUE DATE/TIME: DUE DATEITIME: POINT OF CONTACT: MEETING LOCATION & PROPOSAL DELIVERY: DATE MONDAY, MAY 2, 2022 MONDAY, MAY 16, 2022 THURSDAY, MAY 19, 2022 FRIDAY, MAY 27, 2022 Don Wixon Procurement/Contracts Manager Phone: (772) 388 — 8231 Email: dwixon(a-).citvofsebastian.orp. City of Sebastian City Hall 1225 Main Street Sebastian, Florida 32958 TIME 10:00 AM Local Time 2:00 PM Local Time 2:00 PM Local Time *Dates in this schedule occurring after the release date may be amended by the City. The City reserves the right to delay or modify scheduled dates and will notify Proposers of all changes. It is the Proposer's responsibility to check for addenda amending any changes to this RFP. 79 of 112 Mof $EST V HOME OF PELICAN ISLAND RFP #22-08 FINANCIAL AUDITING SERVICES REQUEST FOR PROPOSALS City of Sebastian is seeking proposals from qualified firms of Certified Public Accountants pursuant to Florida Statutes, Chapter 473, to independently audit financial statements and prepare the Comprehensive Annual Financial Report for an initial three (3) year period beginning with the fiscal year ending September 30, 2022. These audits are to be performed in accordance with generally accepted auditing standards as adopted by the Florida Board of Accountancy and the standards for financial audits set forth in the U.S. General Accounting Office's (GAO) Government Auditing Standards, the provisions of the Federal Single Audit Act Amendments of 1996 including final 2017 OMB compliance supplement, U.S. Office of Management and Budget (OMB) Circular A 133, Audits of State and Local Governments and the provisions of the Florida Single Audit Act, F.S. 215.97, and F.S. 218.39 including current OMB compliance. Sealed proposals will be accepted until 2:00 PM Local Time, Friday, May 27, 2022. Provide One (1) original signed in Blue Ink (MARKED "ORIGINAL"), and six (6) copies, and one (1) electronic PDF copy on Compact disk (CD) or flash drive of all Proposal sheets and required attachments shall be executed and submitted in a sealed envelope. Proposer shall mark Proposal envelope, RFP No. 22-08 — FINANCIAL AUDITING SERVICES. Proposer's name and return address shall be clearly identified on the outside of the envelope. All sealed nronosals must be delivered or mailed to: City of Sebastian ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 RFP documents and any addenda may be obtained from the City's website (www.citvofsebastian.oru) or DemandStar (www.demandstar.com). It will be the sole responsibility of the Proposer to determine if any addenda have been issued prior to submitting a proposal. A Mandatory Pre -Solicitation Conference will be on Monday, May 16, 2022 at 10:00 A.M. Local Time, held at City of Sebastian City Hall. Questions concerning this RFP should be emailed ONLY to the Procurement/Contracts Manager at dwixon a)citvofsebastian.ore no later than Thursday, May 19, 2022 at 2:00 PM Local Time. All communication regarding this RFP shall be directed to the same point of contact. Contact by a Proposer (or anyone representing a Proposer) regarding this RFP with the City Council or a City employee/representative other than the point of contact listed above, is wounds for dlsaualification. Proposals received by the due date and time will be publicly opened in the City of Sebastian Council Chambers at 2:00 PM Local Time, Friday, May 27, 2022. The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities. NOTE: Only the NAME of the firms. who submitted a response to this Reauest for Pronosal will be read aloud. Late proposals will not be opened or announced. Proposers of late proposals have the option of picking up or paying for the mailed return of the unopened proposal. If this option is not exercised within five (5) days after the 2:00 PM Local Time, Friday, May 27, 2022, Solicitation Opening, the late, unopened proposal will be disposed. By: Don Wixon Procurement/Contracts Manager Publish: Publication in the Indian River Press Journal Date: Monday, May 2, 2022 The City of Sebastian supports Equal Opportunity Employment, Fair Housing, Drug Free Workplace and Providing Handicapped Access. Page 2 of 34 80 of 112 m, SET V _ RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES TABLE OF CONTENTS REQUEST FOR PROPOSALS ..................... ................................................................................................2 TABLEOF CONTENTS................................................................................................................................3 DEFINTIONS......................................... ........................................................................................................ 3 SECTION 1 — GENERAL INFORMATION .............................. ....4 SECTION 2 — PROPOSAL REQUIREMENTS•.......................................•-----F------.........---............................7 SECTION 3 — EVALUATION PROCESS ................................ ........ _-.,... I ..... ..10 SECTION 4 — SPECIFIC INFORMATION FOR SERVICES......................................................................11 SECTION 5 - INSTRUCTIONS TO PROPOSERS.....................................................................................14 SECTION 6 — GENERAL CONDITIONS....................................................................................................17 SECTION7 — FORMS...........................•-...................................----.----.•----------.------..........--------...................23 STATEMENT OF NO RESPONSE.........................................................................................................24 SOLICIATION INFORMATION FORM... ........ ....................................................................................... 25 MAILINGLABEL.....................................................................................................................................26 PROPOSALCHECKLIST.......................................................................................................................27 CONTACT INFORMATION SHEET.......................................................................................................28 REFERENCELIST.................................................................................................................................29 PROPOSER'S DISCLOSURE QUESTIONNAIRE.................................................................................30 DOCUMENT NOTIFICATION AFFIDAVIT.............................................................................................31 SUB -CONSULTANTS LISTING FORM..................................................................................................32 COSTPROPOSAL.................................................................................................................................32 CHANGE ORDER (EXAMPLE).... ........................................................................................ :33 DEFINTIONS Request for Proposals ["RFP"]: this Solicitation document, including any and all addenda. Proposal: submission in response to this Request for Proposal. Proposer: person or firm submitting a Proposal in response to this Request for Proposal, "pre -award". Consultant or Contractor: selected Proposer that is awarded a contract to provide the goods or services to the City, "post -award". City: refers to the City of Sebastian. Contract or Aareement: Request for Proposal, all addenda issued thereto, all affidavits, the signed agreement, and all related documents that comprise the totality of the contract or agreement between the City and the awarded Proposer. Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform in full the contract requirement as stated in the RFP. Responsive Proposer: Proposer who's Proposal fully conforms in all material respects to the RFP and its entire requirement, including form and substance. Days: refers to calendar days, unless otherwise stated. Shall, Must & Will: Interpreted as mandatory language. Page 3 of 34 81 of 112 Ch IN SEAT-" RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES 1. SECTION 1 —GENERAL INFORMATION 1.1 SCOPE OF SERVICES City of Sebastian is seeking proposals from qualified firms of Certified Public Accountants pursuant to Florida Statutes, Chapter 473, to independently audit financial statements and prepare a draft of the Comprehensive Annual Financial Report for an initial three (3) year period beginning with the fiscal year ending September 30, 2020. These audits are to be performed in accordance with generally accepted auditing standards as adopted by the Florida Board of Accountancy and the standards for financial audits set forth in the U.S. General Accounting Office's (GAO) Government Auditing Standards, the provisions of the Federal Single Audit Act Amendments of 1996 including final 2017 OMB compliance supplement, U.S. Office of Management and Budget (OMB) Circular A 133, Audits of State and Local Governments and the provisions of the Florida Single Audit Act, F.S. 215.97, and F.S. 218.39 including current OMB compliance. A separately bound audited financial statement is also required in accordance with F.S. 163.387 (8) (a). 1.2 MANDATORY PRE -SOLICITATION MEETING The Pre -Solicitation Meeting, scheduled for Wednesday, May 16, 2022 at 10:00 A.M. LOCAL TIME is to provide potential Proposers the opportunity to ask questions and receive clarifications regarding this RFP. It is asked that all questions still be submitted in writing to allow for responses to be issued to all potential Proposers via an addendum. NOTE: In order to have your or000sal considered. Drosoective or000sers MUST attend the conference in Derson. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre -bid conference or bid opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements. 1.3 .PROPOSED SCHEDULE EVENT 1 ST AUDITOR EVALUATION COMMITTEE MEETING INTERVIEWS 1 ORAL PRESENTATIONS 2ND AUDITOR EVALUATION COMMITTEE MEETING DATE TIME Tuesday, June 9, 2022 2:00 PM Local Time Tuesday, June 14, 2022 VARIES 2:00 PM Local Friday, June 23, 2022 Time RECOMMENDATION OF AWARD — Target Date is Wednesday July 6:00 PM Local CITY COUNCIL MEETING 13, 2022 Time *Dates in this schedule may be amended (delayed or modified) by the City 1.4 INITIAL CONTRACT TERM AND RENEWALS The City intends for the initial contract term to be for a three (3) year period, with the option to renew for two (2) -- two (2) year terms contingent upon budget approval and Contractor's performance. The intent to extend the contract will be by written notification to the Contractor by the Procurement Division thirty (30) days prior to contract expiration. NOTE: The City, at its sole discretion, reserves the right, to exercise this renewal option. Proposed changes to pricing shall be communicated, in writing, to the City ninety (90) days prior to contract expiration. Such proposed changes shall be negotiated in good faith by both parties. If negotiations are not successful, then either party may terminate the agreement. Page 4 of 34 82 of 112 CMOF SEBAS-T-" HOME OF PELICAN ISLAND RFP #22-08 FINANCIAL AUDITING SERVICES 1.5 MINIMUM REQUIREMENTS Each firm must satisfy the minimum requirements specified herein to be considered for this solicitation. Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award. All decisions made by the City are final. All firms that submit a proposal shall meet, but not be limited to, the following minimum qualifications: 1. Auditor and audit firm must be licensed by the State of Florida, Department of Business & Professional Regulation, State Board of Accountancy, be proactive in the State of Florida; 2. Shall have a minimum of ten (10) years of providing audit services to municipalities in Florida of a similar complexity and size as the City. Proposers shall have a field office in Florida and been iri continuous operation in the State of Florida for a minimum of five (6) years. This expertise must be clearly indicated; 3. "Auditor in charge," assigned to the audit of the City of Sebastian must be a Certified Public Accountant (CPA) properly registered and licensed to practice in the State of Florida, with at least five (5) years of service to municipalities; and 4. Shall have had peer review conducted within the last two (2) year. 1.6 METHOD OF AWARD The City, at its sole discretion, intends to award to the most responsive and responsible Proposer who is ranked to be most advantageous to the City, taking into consideration the evaluation criteria set forth in this RFP. The Audit Committee, in accordance with Florida Statue 218.391, will evaluate the proposals based on the criteria established herein. After ranking is determined, a recommendation to award and authorization to negotiate an Agreement with the awarded firm will be sought from City Council. Upon successful negotiation of terms and price, a formal Agreement will be prepared and submitted to City Council for approval. 1.7 ADDITIONAL INFORMATION 1.7.1 Current Audit Firm: Rehmann Robson and may propose again. 1.7.2 Prior Years Audit Reports: Visit the City's website to view audit reports httos:Ilwww.citvofsebastian.orplcity-financials. 1.7.3 Auditing Services Fees: 2021: $41,400 + $5,000 CRA (No Single Audit) 2020: $45,250 + $5,000 CRA (Included Single Audit) 2019: $43,600 + No CRA (Included Single Audit) 1.7.4 Financial Statements: The Auditor will prepare all individual, combining and entity wide financial statements and related notes and issue the independent Auditor Report and annual management letter as a PDF file no later than February 281h of each year. The City is responsible for the financial statements and will provide the transmittal letter, management's discussion and analysis and statistical schedules. 1.7.5 OMB Circular A-133: The Auditor will provide an annual financial and compliance audit of all Federal and State grant-in-aid programs in accordance with OMB Circular A-133. 7.6 Final Trial Balance: The City closes its books and will provide the final trial balance on or about November 15th. Page 5 of 34 83 of 112 Cnor SEBASTIAN HOME OF PELICAN ISLAND RPP #22-08 FINANCIAL AUDITING SERVICES 1.7.7 Auditor Selection Committee: The Committee will be made up of three (3) non - employees, one (1) of which is a Councilmember. END OF SECTION Page 6 of 34 84 of 112 In CT B 5EAST _L4kN RFP #22-08 HOME Of PELICANISEAND FINANCIAL AUDITING SERVICES SECTION 2 — PROPOSAL REQUIREMENTS 2.1 TRANSMITTAL LETTER Proposer shall submit a letter of interest signed by an authorized representative to contractually obligate and bind the firm. The Proposer or authorized representative is attesting that the information provided is current and factual. The letter shall include: • Date Name and address of Proposer Name of Contact Person, telephone number and email address Proposer's federal taxpayer identification number 2.2 TABLE OF CONTENTS Include a clear identification of the material by providing a page number. NOTE: Tabsldividers may be used to separate information. TAB #1 -QUALIFICATIONS 2.3 COMPANY PROFILE Proposer shall provide a brief profile of their company, which should include but is not limited to: • Firm's legal name (former name, if applicable) • Company history, length of existence & business structure • Location(s) • Total number of personnel • Type of ownership, if applicable (small business, small disadvantaged business or women - owned business) Average annual revenue for the past five (5) years. 2.4 EXPERIENCE Proposers shall state the experience of the firm within the last five (5) years that are similar to the Services herein. 2.5 PROJECT TEAM Proposers shall specifically list the proposed team (partners, managers, supervisory and other staff) to carry out the services defined herein. NOTE: An organizational chart is recommended. Include the following information for each person. - Name • Project Role • Business Location • Formal and supplemental education/training relative to governmental accounting and auditing • Experience in public accounting in general; private business or government and auditing governmental units Memberships in various national and state governmental accounting boards, committees, or associations (past and present) • Other professional qualifications, if applicable • Copy of State of Florida CPA license pursuant to Florida Statutes, Section 473 2.6 PEER REVIEW Proposers shall include a copy of the most recent (within the last 2 years) external quality control reviews (peer reviews) which include a review of a specific government engagement. Page 7 of 34 85 of 112 an 'v SE„BASTIAN RFP #22-08 HOME Or PELICAN ISLAND FINANCIAL AUDITING SERVICES TAB #2 — AUDIT APPROACH 2.7 PROJECT APPROACH The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in the RFP. Proposers will be required to provide the following information on their audit approach: • Proposed segmentation of the engagement. • Level of staff and number of hours to be assigned to each proposed segment of the engagement. • Sample size and the extent to which statistical sampling is to be used in the engagement. • Extent of use of EDP software in the engagement. • Method of electronically sharing large documents and files between Auditor and Client. • Type and extent of analytical procedures to be used in the engagement. • Approach to be taken to gain and document an understanding of the internal control structure. • Approach to be taken in determining laws and regulations that will be subject to audit test work. 2.8 CURRENT WORKLOAD Proposer shall list their current or intended workload of clients with the same fiscal year as the City (October 1 — September 30) resulting in audit services being provided at the same time. 2.9 ANTICIPATED POTENTIAL AUDIT PROBLEMS Proposer should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be request from the City. 2.10 REPORT FORMAT Proposer shall include formats for required reports. TAB #3 - REFERENCES 2.11 REFERENCES List a minimum of five (5) client references in which auditing services were provided within the last three (3) years. Provide at least three (3) references from clients receiving the GFOA Certificate for the most recent fiscal year. NOTE: The City will send Reference Check Surveys by email to the references provided. If the reference does not respond by the deadline date included in the email or the contact information is incorrect, the firm will lose points for this criterion. TAB #4 - FORMS 2.12 FORMS All Forms required by the RFP shall be fully executed by the Proposer and submitted. Refer to Section 7. THIS SPACE INTENTIONALLY LEFT BLANK Page 8 of 34 86 of 112 �or SEBASTIAN - - RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES TAB #5 — INSURANCE 2.13 INSURANCE Certificate of Insurance: A copy of the Certificate of Insurance proving the types of Insurance and coverage is required in the proposal. Once resulting agreement is executed, it is the Contractor's responsibility to ensure that the City is provided a current Insurance Certificate at all times. The following insurance should be obtain and maintain, during the term of the Services, and all applicable statutes of limitation periods: General Liability Insurance an amount not less than: $1,000,000 Combined Single Limit per each occurrence Professional Liabilityl covering any damages caused by an error, omission or any negligent Errors & Omissions Liability acts: • $1,000,000 per each occurrence covering any damages arising from alteration of, loss of, or destruction Cyber Liability of electronic data and/or information "property" of the City: • $1,000,000 per each occurrence shall include liability for owned, non -owned & hired automobiles, an Automobile Liability amount not less than: • $500,000 Combined Single Limit The Proposer shall submit and maintain worker's compensation Worker's Compensation insurance to the extent required by law for all their employees to 'be engaged in work under this contract, in accordance with Florida Statutes 440, Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. COST PROPOSAL 2.14 COST PROPOSAL Provide Form G — Cost Proposal in a separate envelope labeled RFP #22-08, Cost Proposal. END OF SECTION Page 9 of 34 87 of 112 (MIX SEAT_ -- _T RFP #22-08 HOME OfPELICAN ISLAN° FINANCIAL AUDITING SERVICES SECTION 3 — EVALUATION PROCESS 3.1 EVALUATION CRITERIA The following evaluation criteria will be used as a general guide for evaluating the proposals. The Auditor Selection Committee will independently review and evaluate all responsive proposals received. Members may choose not to award any points, should they feel a proposal is undeserving or does not sufficiently address the criteria. CRITERIA POSSIBLE POINTS ITAB #1 - Qualifications 40 IT AB #2 - Audit Approach 40 IT AB #3 - References 10 I(Cost Proposal 10 Cost will not be the primary factor in the selection of an audit firm Points for this criterion will be awarded using the following formula: Lowest Proposed Amount = Proposed Amount X 10 MAXIMUM POSSIBLE POINTS 100 MBEIWBEIDBE Business (only used in the event for a tie to the 5 highest total points) 3.2 PHASE 1 - EVALUATION OF PROPOSALS 3.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine responsiveness. The City reserves the right to reject any proposals deemed as not responsive. The City reserves the right to waive immaterial irregularities in proposals if in the best interest of the City. 3.2.2 The Auditor Selection Committee, in accordance with Florida Statute 218.391, will evaluate the proposals. Phase 1 ranking will be made based solely on the information included in the proposal. As agreed upon by the Auditor Selection Committee at the conclusion of Phase 1, either a recommendation for award will be made or a request for the top -ranked firms to give oral presentations (Phase 2) will be made. 3.3 PHASE 2 - EVALUATION OF ORAL PRESENTATION, if applicable As determined by the Audit Selection Committee, a shortlist may be made for top -ranked Proposers to be invited to give an oral presentation to clarify or elaborate on their proposal. The oral presentation will be worth 50 points. Specific criteria will be provided to the shortlisted Pr000ser's based on the information of interest by the Audit Selection Committee. Scores from the evaluation of the proposals and oral presentations will be totaled to determine the Proposer with the highest number of points. 3.4 AWARD This RFP will generally be awarded to the Proposer who scores the highest number of points or highest -ranked qualified firm-, otherwise, it must document in its public record the reason for not selecting the highest -ranked qualified firm. The City reserves the right to accept or reject any or all proposals submitted in whole or in part, and to cancel this RFP and re -solicit or not re -solicit as determined to be in the City's best interests. The City also reserves the right to select a Proposer without shortlisting or requesting oral presentation. The establishment, application and interpretation of the evaluation criteria above shall be solely within the discretion of the City. END OF SECTION Page 10 of 34 88 of 112 On CT SEBASTIAN RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES SECTION 4 — SPECIFIC INFORMATION FOR SERVICES 4.1 INFORMATION PROVIDED BY THE CITY The City will provide, at a minimum, the following information to assist the Auditor in performing the annual audit: 1. General Ledger/Trial Balance printouts of September 30 and any other time periods requested by auditor. 2. Statements of Revenues, Expenditures, Estimated vs. Actual Revenues, and Expenditures vs. Appropriations as of September 30, and any other time periods requested by auditor. 3. Various schedules and worksheets designed to assist and provide backup information to the auditor. 4. Electronic file containing end of year general ledger, revenue and expenditure balances for all accounts in the City's accounting system. 5. The City will prepare confirmation letters for the auditor. 6. The firm must agree to use City staff in preparation of supporting schedules, reconciliations and document retrieval. Prior planning and explicit instruction are paramount for timely performance in this regard. The auditor shall provide the City with a list of all schedules to be prepared by the City. Administrative Services Department staff shall be available during the audit to provide information, documentation and explanation to the auditors. 7. The City will provide the transmittal letter, management discussion and analysis and statistical schedules. 8. For other information, please contact the Administrative Services Director and/or the assigned designee. 4.2 ANNUAL FINANCIAL AUDIT The scope of the financial audit shall follow governmental auditing standards applicable in the State of Florida to audits of local governments pursuant to Section 218.39 or 215.97, Florida Statutes and all other guidelines and requirements promulgated by the Office of the Auditor General: • An examination of financial statements to express an opinion on the fairness of presentation of financial position, results of operations, and changes in financial position in conformity with generally accepted accounting principles. • An examination to determine whether operations are properly conducted in accordance with legal and regulatory requirements. • An examination of any additional activities necessary to establish compliance with the term financial statement audit" as defined and used in Government Auditing Standards (2007 Revision) and any amendments thereto. • The use of financial condition assessment procedures to assist the auditor in the detection of deteriorating financial conditions pursuant to Section 218. 39(5), Florida Statutes. The auditor may use financial condition assessment procedures developed by the Auditor General, which are available on the Auditor general web site. The financial condition assessment shall be done as of the fiscal year end; however, the auditor shall give consideration to subsequent events, through the date of the audit report that could significantly impact the local governmental entity's financial condition. 4.3 SINGLE AUDIT A financial and compliance audit, "single audit", of Federal and State grants shall also be performed, if required, as defined in the General Account Office's Government Auditing Standards, the provisions of the Single Audit Act and the Office of Management and Budget's Circular A-133, Audits of State, Local Governments, and Non -Profit organizations, and the State of Florida, rules of the Auditor General. Page 11 of 34 89 of 112 ,m,r SEBASTIAN RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES 4.4 BILLING AND PAYMENT Progress payment requests may be made by the Contractor through completion of the audit fieldwork. Final payment shall be made upon receipt and acceptance of the final audit report by City Council and upon receipt of invoice. 4.5 REVIEW OF INTERNAL CONTROLS An evaluation is to be made of the system of internal controls to assess the extent it can be relied upon to ensure accurate information, to ensure compliance with laws and regulations and to provide for efficient and effective operations. The study of internal control should include: • Review of the System which is primarily the process of obtaining information about the organization and the procedures prescribed and are intended to serve as the basis for tests of compliance and for evaluation of the system. • Test of Compliance, which is made to provide reasonable assurance that the accounting control procedures are being applied as prescribed. 4.6 MANAGEMENT INFORMATION SERVICES A review is to be made to compare the calculating operations of the computer with the desired results by tests of transactions. A review of controls used in the computer system to assure protection of files and prevention of processing errors and a review of the data processing operation shall be made. 4.7 REPORTS In addition to the Independent Auditors' Report, the firm agrees to prepare the following reports during the term of the contract: • Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Governmental Audit Standards, • Independent Auditors' Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A- 133 and Rules of the Auditor General; • Independent Auditors' Report on Compliance with Requirements Applicable to Each Major State Project and on Internal Control Over Compliance in Accordance with Chapter 10.550, Rules of the Auditor General of the State of Florida; • Schedule of Expenditures of Federal Awards and State Financial Assistance. • Schedule of Findings and Questioned Costs; and • Data Collection Form as required by OMB Circular A-133 (Auditor's portion). 4.8 MANAGEMENT LETTER The audit report shall include a management letter, as required by the Auditor General of the State of Florida, which, among other matters, may include the following items discovered within the scope of the audit: • A statement as to whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. • A statement as to whether or not the City is in compliance regarding the investment of public funds. • Recommendations to improve the City's financial management, accounting procedures and internal controls. • Violation of laws, regulations, contracts or grant agreements, or abuses that have occurred, or are likely to have occurred, that have an effect on the determination of a financial statement amount that is less than material but more than inconsequential. • Illegal or improper expenditures discovered within the scope of the financial audit that may or may not materially affect the financial statements. • Improper or inadequate accounting procedures. • Failure to properly record financial transactions. Page 12 of 34 90 of 112 ar��4 SEgW!AN RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES • Other inaccuracies, irregularities, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of the auditor. The City of Sebastian had no findings in the three most recent audits for the fiscal years ending September 30, 2017 — 2019. 4.9 TIME REQUIREMENTS 4.9.1 Date Audit May Commence — immediately upon execution of agreement. 4.9.2 Schedule for the Audit — Each of the following shall be completed by the Auditor no later than the dates indicated, unless special arrangements have been made. Similar schedules shall be maintained for the duration of the agreement term, including extensions. a. Interim Work — may be commenced at any date after the execution of the contract between the parties, beginning with the audit entrance conference. Scheduling the interim work shall be made with the Administrative Services Director. b. Detailed Audit Plan — The Auditor shall work with staff to develop a detailed audit plan by August 15% which shall include a final list of all schedules to be prepared by City staff. c. Field Work — Extended field work may commence November 15cn d. Draft Reports — The Auditor agrees to prepare all required financial statements with accompanying notes and disclosures to be presented with the audit reports and recommendation to management in draft form for review by February 1st. e. Final Reports — The Auditor shall make a presentation on the Comprehensive Annual Financial Report to City Council no later than the first Reqular Citv Council Meetina in March. The Auditor shall provide a PDF formatted electronic copy of the Comprehensive Annual Financial Report in ADA digital format. 4,9.3 Conference and Progress Reports — At a minimum, the following conferences are expected to be held with the Auditor's field supervisor by the dates indicated: a. Entrance conference with City staff — By June 15th of each year, to discuss prior audit problems, the need to address new financial reporting pronouncements, the interim work to be performed, establish time requirements; make arrangements for work space and other needs of the auditor. b. Exit conference with City staff — No later than February 281h, to summarize results of the audit and review significant findings. c. Progress conferences — Should be held on an as -needed basis, and to communicate preliminary results which need immediate attention (or are of a significant nature). 4.10 CHANGE ORDER POLICY If the need for additional fees shall arise due to additional or unanticipated efforts throughout the duration of the term, a Change Order shall be prepared and submitted. It is the responsibility of the Contractor to ensure City approval of these additional fees prior to the implementation of the work. Refer to page 33 for an example. END OF SECTION Page 13 of 34 91 of 112 IIY T SEBASTIAN RFP #22-08 HOME OFPELICAN ISLAND FINANCIAL AUDITING SERVICES SECTION 5 - INSTRUCTIONS TO PROPOSERS 5.1 CONE OF SILENCE Potential Proposers shall not communicate in any way with City staff or the City Council other than the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award is made by the City Council. Such communication may result in disqualification. 5.2 REQUIRED COPIES One (1) clearly marked original, six (6) copies and one (1) electronic copy of the proposal shall be submitted. Please refer to the Proposal Checklist (Form A) for guidance on all requirements. 5.3 SEALED BIDS Proposals shall be enclosed in a sealed envelope which shall show (lower left corner) the Proposer's name and address, RFP number and title, along with the solicitation opening date and time. The Proposal shall be submitted no later than the Solicitation Opening date and time mentioned on the Request for Proposals. The City will not be responsible for opening any proposals that are not clearly marked. 5.4 PROPOSALS NOT CONSIDERED Proposals not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do not conform to the instructions contained in the Request for Proposals. However, proposals may be withdrawn by fax or email, provided that such notices are received prior to the Solicitation Opening date and time and confirmed by a telephone call. 5.5 ACCEPTABLE PROPOSALS Proposals shall be handwritten or typed with (black or blue) ink. Any erasures or corrections must be initialed by the Proposer in ink. Handwritten submissions must be legible. 5.6 LATE PROPOSALS Late proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of the unopened proposal. If this option is not exercised within five (5) days of the Solicitation Opening, the late unopened proposal will be disposed. 5.7 SOLICITATION OPENING Proposers are welcome to attend the solicitation opening; however, attendance is not mandatory. Proposals shall be opened and publicly announced on the date, time and location specified on the Request for Proposals, unless otherwise stated in the form of an addendum. Proposals Received will be posted within two (2) business days to DemandStar and the City's website. 5.8 REQUIRED INFORMATION Proposers shall follow all instructions and provide all required information and forms to be considered for award. Proposers wishing to qualify for consideration of exception for all or any portion of the RFP shall provide a hand printed or typed explanation attachment to be submitted with the proposal. 5.9 PROPOSAL EXAMINATION In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working hours, by appointment only, by contacting the City Clerk's office at 772-388-8215. 5.10 CONFIDENTIAL INFORMATION Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may be exempt from the Public Records Law. Therefore, any submitted financial Page 14 of 34 92 of 112 nn x SEBASTII - -- RFP #22-08 HOME Of PELICAN ISLAND FINANCIAL AUDITING SERVICES statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. 5.11 ADDENDA Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time specified herein. The revisions, additions, deletions, clarification, etc. shall become part of and have precedence over anything shown or described otherwise. If not mentioned in tie addenda, all other documents, specifications, drawings, terms and conditions remain the same. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in the Solicitation documents or in the addenda issued. It is the Proposer's responsibility to ensure receipt of all addenda and any accompanying attachments before submitting proposal. The Proposer is required to submit with its proposal, all addenda signed. Where there appears to be a conflict between Solicitation and any addenda, the last addendum issues shall prevail. 5.12 SCRUTINIZED VENDOR CERTIFICATION Proposer certifies that it is not listed on (a) the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statues, or is engaged in a boycott of Israel; (b) the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or (c) is engaged in business operations in Cuba or Syria. Proposer further understands and accepts that any contract issued as a result of this Solicitation shall be subject to Section 287.135, Florida Statutes, and subject to immediate termination by the City in the event there is any misrepresentation or false certification on the part of Proposer. 5.13 CORRECTIONS, CANCELLATION, & WITHDRAWAL Proposers may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. 5.13.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. The City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. 5.13.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. 5.13.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the RFP in its entirety prior to award. 5.13.4. Withdrawal: Prior to any published bid opening date and time, a Proposer may withdraw his or her Proposal in writing. A fax or email is permitted for this purpose, provided it's confirmed by a telephone call. 5.13.5. Amendments: Prior to the Solicitation Opening date and time, a Proposer may amend the Proposal provided that it is in writing, in a sealed envelope, and identified. Page 15 of 34 93 of 112 I Y AST 5E RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES 5.14 PROPOSAL GUARANTEE The Proposer warrants that the unit prices, terms, and conditions quoted in the proposal will be firm for acceptance for a period of not less than ninety (90) days from the solicitation opening date. Such unit prices, terms and conditions will remain firm for the contract period. 5.15 RFP AWARD The contract/agreement will be awarded to the most responsive and responsible Proposer whose proposal, conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and DemandStar. 5.16 REJECTION OF PROPOSALS The City reserves the right to reject any and all proposals, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the top ranked Proposer, and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional proposals. More than one proposal from an individual, firm or association under same or different names, will not be considered. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Proposers, and no participants in such collusion will be considered in future proposals for the same work. Page 16 of 34 94of112 Moor SEBAST_" --= RFP 422-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES SECTION 6 — GENERAL CONDITIONS 6.1 CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Proposers must disclose any conflict of interest with their proposal including the name of any employee, board member or elected official(s) of the City of Sebastian. Further, all proposals must disclose the name of any City employee or Council member, who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches. Should the successful Proposer permanently or temporarily hire any City employee or Council member, who is, or has been, directly involved with the Proposer prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 6.2 QUESTIONS AND/OR REQUESTS FOR CLARIFICATION Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the Procurement/Contracts Manager via email at dwixon(a)cityofsebastian.or4. Proposers must clearly understand that the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via an Addendum. The Solicitation number and title shall be referenced on all correspondence, be sure to include the page and paragraph number for each question in order to ensure that questions asked are responded to correctly. All questions must be received no later than the time and date specified in the Request for Qualifications and At -A -Glance timetable. All responses to questions/clarifications will be published in the form of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Addendum(s) will be made available on the City's website (www.cityofsebastian.org) and DemandStar (www.demandstar.com) and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda. 6.3 EXCEPTIONS TO SPECIFICATIONS Request for exceptions to the specifications shall be listed in the proposal and shall reference the section, Any exceptions to the General or Special Conditions may be cause for the proposal to be considered non -responsive. 6.4 SUBCONTRACTORS AND EMPLOYEES The Proposer is required to identify any and all Sub -consultants and/or suppliers that will be used in the performance of the proposed Agreement and to clearly identify in their proposal the percentages of Work to be performed by their Sub -consultants. 6.5 WAIVER OF IRREGULARITIES The City may waive minor informalities or irregularities in proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the price or terms of the submission by giving a Proposer an advantage or benefit not enjoyed by other Proposers. 6.5.1.In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. 6.5.2.The Contractor who is selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation. 6.5.3.Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposers means and methods, approach to Project, use of new products, and new uses for established products. Page 17 of 34 95 of 112 'm Y SEA =� RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES 6.6 DELETION OR MODIFICATION OF SERVICES The City reserves the right to delete or modify any portion of the contracted services at any time without cause, and if such right is exercised by the City, the total costs shall be reduced at the same ratio as the estimated costs of the Services. 6.7 AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. 6.8 SUSPENSION AND DEBARMENT City of Sebastian will not make award to parties listed on the government -wide exclusions in the System for Award Management (SAM). 6.9 COUNCIL MEETING The awarded Proposer must be available to attend City Council meetings, when required. The awarded Proposer must be prepared to answer any questions and/or provide a presentation if requested by Council and/or authorized by City representative(s). The awarded Proposer is not required to attend the City Council meeting for approval of award, but attendance is welcome. The date and time of the City Council meeting will be publicly noticed. 6.10 NOTICE TO PROCEED The Contractor shall not commence any Work, nor enter a Worksite, until a written Notice to Proceed (NTP) directing the awarded Proposer to proceed with the Work has been issued by the City; provided, that such notification shall be superseded by any emergency work that may be required in accordance with the provisions included elsewhere in this RFP and resulting Contract. 6.11 METHOD OF PAYMENT 6.11.1. Florida Prompt Payment Act Payment shall be made in accordance with Section 218, Part VI of the Florida Statutes. 6.12 SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 6.13 TERMINATION FOR CAUSE AND FOR CONVENIENCE Any contract resulting from this RFP may be terminated by the City without cause upon thirty (30) days' written notice to the Proposer. In the event of such a termination without cause, the Proposer shall be compensated for all services performed to the City's satisfaction. 6.14 TERMINATION FOR CONVENIENCE The City, at any time and for any reason may terminate the services and work at the City's convenience. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and/or the placing of orders for materials, facilities and supplies in connection with the performance of this contract. 6.15 CO-OPERATIVE PURCHASING It is the intent of the Request for Qualification to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Proposer accepts the right of other Government Entities to "piggyback" purchase from this proposal by mutual consent and where applicable by law. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. Page 18 of 34 96 of 112 (M1W SEBAsTWN _ _ _ _ - RFP #22-I�8 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES 6.16 DISCRIMINATION The Proposer shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. 6.17 E-VERIFY In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Certification of Employment Status), in the event performance of this Agreement is ow will be funded using state or federal funds, the Contractor must comply with the Employment Eligibility Verification Program developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. The Consultant shall (1) enroll in the U.S. Department of Homeland Security's E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new employees hired during the term of the Contract (3) utilize E-Verify to verify the employment eligibility of all employees assigned to the Contract; and (4) shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize E-Verify to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Information on registration for and use of the E-Verify system can be obtained at the U.S. Department of Homeland Security website: httr)://www/dhs.00v/E-Verify. 6.18 PUBLIC RECORDS Section 119.01 F.S., The Public Records Law, provides that municipal records shall at all times be open for personal inspection by any person. Information and materials received by the City in connection with all PROPOSER's responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Proposer believes any of the information contained in his or her response is exempt from the Public Records Law, the Proposer must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL iwi11iams(&,dtvofsebastian.org CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958. Page 19 of 34 97 of 112 RFP #22-08 On IN SEBAST" HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES 6.19 PROTEST PROCEDURE Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. 6.19.1 Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest and, after consultation with the City Manager, originating department, the City Attorney and any other person or entity deemed necessary, the Procurement/Contracts Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Procurement/Contracts Manager to be directly affected by the decision. The decision shall: A. State the decision and the basis for the decision, and B. Set forth the protestor's right to administrative review. 6.19.2 Administrative Review — If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager and/or City Council, provided written notice of such appeal shall be submitted by the protestor to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision. 6.19.3 Stav of Procurement — In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City. 6.20 LOCAL VENDOR PREFERENCE Effective October 14, 2009, City of Sebastian adopted a local vendor preference reference, Ordinance No. 09-13 as set forth below: Sec. 2-11. Local Vendor Preference Policy (a). Definitions. (1) Local business means the vendor has: a) A valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, or Brevard County at the time a bid or proposal is submitted, and b) A physical address located within the local area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full-time employees. (2) Nonlocal business means any vendor that does not meet the definition of a business within the local area. Page 20 of 34 98 of 112 ❑R or SEBAST�N HOME OF PELICAN ISLAND RFP #22-08 FINANCIAL AUDITING SERVICES (b) Establishment as local area business. To establish that a vendor is a local area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a bid or proposal. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the local area status of its firm in a proposal or bid submittal to the city will lose the privilege to claim local preference status for a period of two years. (c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to local area businesses in the purchase of commodities, person property, general services, personal property, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competitive bid. The city shall give such preference to local area businesses in the following manner: (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price bid, and the lowest bid submitted by a qualified and responsive local area business is within five percent of the lowest bid, then the lowest bidding local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonlocal area business PROPOSER. Within five working days after the posting of the qualified and responsive bids, any local area business that has submitted a bid within five percent of the lowest bid by a nonlocal area business, and that wants the opportunity to match the lowest bid, shall submit a written offer to match the lowest bid. If the lowest local area business submits an of`er that matches the lowest bid submitted, then the award shall be made to such local business. If the lowest local area business PROPOSER declines or is unable to match the lowest bids, then the option to do so moves to the next local area business if its bid is within five percent of the lowest bids, and it is a qualified and responsive PROPOSER. If the lowest bid is submitted by a qualified and responsive local area business, there is no local vendor preference. If a local area business accepts the opportunity to match the lowest bid of a nonlocal area business and that bid is based on unit price bid items and estimated quantities, then the unit prices for all bid items shall be reduced in proportion to the reduction in the local area business's total bid amount required to match the lowest total bid. (2) Tres. In the event of any tie in the final bid price between a local area business, and a nonlocal area business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local area business. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater local area, the local vendor with the greatest number of full-time employees working in the City of Sebastian or the greater local area respectively shall be awarded the contract or receive the first opportunity to negotiate as applicable. Page 21 of 34 99 of 112 SEAT," =� RFP #22-08 HOME OF PEUCAN ISLAND FINANCIAL AUDITING SERVICES (d) Exception to local vendor preference policy. The local preference policy set forth herein shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or piggyback agreement; or (2) Purchases or contract which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; or (3) Purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services, as described in the City's purchasing policies; or (4) Purchases or contracts with an estimated cost of $5,000.00 or less; or (5) Purchases or contracts where the difference between the amount of the low bid submitted by a qualified and responsive nonlocal area business and the lowest bid submitted by a qualified and responsive local area business is greater than $25,000.00; or (6) Where all bids are rejected. (e) Waiver of the application for local vendor preference policy. Any request for the waiver of local preference to any particular purchase or contract must be heard by the City Council prior to advertising the bid. The city council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Furthermore, the local preference established herein shall not prohibit the city from giving any other preference permitted by law in addition to the local preference contained herein. (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. (h) Dispute resolution. Any dispute arising under the provision of this section shall first be presented to the City Manager for determination. The decision of the City Manager shall be appealable to the City Council, and the decision of the City Council shall be final and binding on all parties. END OF SECTION Page 22 of 34 100 of 112 R�M,F SEB= _Tl�gj� HOME OF PELICAN ISLAND RFP #22-08 FINANCIAL AUDITING SERVICES SECTION 7 - FORMS Page 23 of 34 101 of 112 In,( BST 5E - RFP #22-08 HOME OF PELICAN 15LAND FINANCIAL AUDITING SERVICES STATEMENT OF NO RESPONSE If your firm is does not intend on submitting a proposal, please complete and return this form prior to the Solicitation Opening date shown herein. Return by email (dwixon0)citvofsebastian.ora) or by mail to: CITY OF SEBASTIAN ATTN:PR000REMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 Company's Name: Company Address: Phone No: We are not responding to RFP #22-08 Financial Auditinq Services for the following reason(s) (mark all that applies): 0_►71-.'. Do not offer the good(s) or service(s) required Our schedule would not permit us to perform responsibly Unable to meet specifications/scope of services Unable to meet minimum requirements Insufficient time allowed for preparation of response Project/Budget too small Specifications unclear — too vague, rigid, etc. (please explain below) Other (please specify below) Page 24 of 34 Signature Print Name 1 Title Date 102 of 112 CI4 Y SEBAST" _ RFP 422-08 HOME Or PELICAN ISLAND FINANCIAL AUDITING SERVICES SOLICIATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: Company Address: Phone No: Please tell us how you found out this Request for Proposal was released/available (mark all that applies): Indian River Press Journal (TCPalm) DemandStar/Onvia City of Sebastian Web Site Other (please specify below) Page 25 of 34 103 of 112 Cfll T SEAT, - - — RFP 422-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES MAILING LABEL Cut along the outer border and affix this label to the sealed envelope to identify it as a Sealed Solicitation Submittal. SEALED RFP • DO NOT OPEN SOLICITATION #: RFP #22-08 SOLICITATION TITLE: Financial Auditing Services DUE DATEITIME: Friday, May 27, 2022 at 2:00 PM Local Time SUBMITTED BY: Proposer's Name Proposer's Address Proposer's Address City of Sebastian DELIVER TO: ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 Page 26 of 34 104 of 112 an,x SE T RFP #22-08 HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES PROPOSAL CHECKLIST Please use the following checklist as a reference document to confirm all requirements are met in your RFP submission. This checklist must be submitted as part of the Proposal. Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by this Solicitation from prospective Proposers. It simply serves as a guide for the most significant documents to be included in the Proposal and should be enhanced as deemed necessary. It is solely the Proposer's responsibility to read and understand all requirements and adhere to all issued Addenda. One (1) original copy of proposal (bearing original signatures in Blue Ink Six (6) copies of proposal One (1) electronic copy of proposal (USB) Proposal Checklist — FORM A Signed Addenda, if applicable Transmittal Letter (Refer to Section 2.1) Table of Contents (Refer to Section 2.2) TAB #1 — QUALIFICATIONS (Refer to Sections 2.3 - 2.6) Company Profile Experience Project Team (Resumes, Licenses, etc.) Peer Review TAB #2 — AUDIT APPROACH (Refer to Sections 2.7— 2.10) Project Approach Current Workload Anticipated Potential Audit Problems Report Format TAB #3 — REFERENCES (Refer to Sections 2.11) Reference List — FORM C TAB #4 — FORMS (Refer to Section 2.12) Contact Information Sheet — FORM B Proposer's Disclosure Questionnaire — FORM D Document Notification Affidavit- FORM E Subcontractor Listing Form — FORM F TAB #5 — INSURANCE (Refer to Section 2.13) Proof of Insurance COST PROPOSAL — SEPARATE ENVELOPE (Refer to Section 2.14) Cost Proposal — FORM G PLEASE ENSURE THE MAILING LABEL IS AFFIXED TO THE SEALED ENVELOPE. (See page 25) FORM A Page 27 of 34 105 of 112 17n Cf SE�T�W HOME OF PELICAN ISLAND RFP #22-08 FINANCIAL AUDITING SERVICES IMPORTANT: Failure to submit the requested copies or complete and submit the required FORM forms may result in submittal being deemed non -responsive and removed from consideration. B CONTACT INFORMATION SHEET DUE DATE: Proposals due on or before 2:00 PM Local RFP NO: RELEASE DATE: CONTACT: Time at City of Sebastian #22-08 04128/2022 Don wixon ATTN: Procurement ProcurementlContracts Manager 1225 Main Street (772) 3$8.8231 Sebastian, Florida 32958 dwixon65citvofsebastian.ora. Friday, May 27, 2022 Check Addenda for any revised opening dates before RFP TITLE: submitting your proposal, Proposal(s) received, after the date and time stated above, shall not be Firm's Name and "Doing Business As", if applicable: Federal Tax Identification Number: Address: City: Telephone Number: E-Mail Address of Authorized Representative: FINANCIAL AUDITING SERVICES Fax Number: State: Zip Code: The undersigned hereby proposes and agrees to furnish all labor, materials, and equipment, and to perform all work required for the above -named Project in the manner and time prescribed in the Scope of Work and Drawings (if applicable) and such addenda thereto as may be issued prior to bid opening date. Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed) Title Failure to fully complete and submit this Information Sheet may result in reiection of the submittal Page 28 of 34 106 of 112 Mor SEBASTuW FORM RFP #22_08 C HOME OF PELICAN I"ND I" INANCIAL AUDITING SERVICES REFERENCE LIST Pronoser's Name: A minimum of five (5) client references in which auditing services were provided within the last three (3) years is required. Provide at least 3 references from clients receiving the GFOA Certificate for the most recent fiscal year. Reference #1 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #2 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #3 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #4 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Reference #5 Company Name: Location (City, State): Contact Person: Contact Number: Email Address: Dates of Service: Services Provided: Failure to fully complete and submit this List may result in reiection of the submittal Page 29 of 34 107 of 112 an Lx SEBATAN RFP #22-08 FORM HOME OF PELICAN ISLAND D FINANCIAL AUDITING SERVICES PROPOSER'S DISCLOSURE QUESTIONNAIRE The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer's Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: ( ) An Individual ( ) A Partnership ( ) A Corporation Proposer's License No., ifanolicable: *Attach certificate of status, competency, and/or state registration (1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional R ulation or any other regulatory agency or professional association within the last five (5) years? LYES NO (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years?[ -]YES F-]NO (3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) ears that is related to the services your firm provides in the regular course of business?[ —]YES 10 (4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write NONE. If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. xxxxwxxxxxx:t*xx*xx*x*xxtxxxxxxxwwxwwwwwrw+wwrw�;*x+xxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxx*x*xxxxxxxxxx*xxxxxxxxxx*x:rrxwxxxxxx:rtxxtxxxxtx*xxx 1 hereby certify that all statements made are true and / agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Sebastian. Signature Date Failure to fully complete. sian and submit this Questionnaire may result in relection of the submittal Page 30 of 34 108 of 112 M CY SEBAST—" FORM — RFP #22-08 E HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES DOCUMENT NOTIFICATION AFFIDAVIT STATE OF COUNTY OF I, acknowledge that I have legal authorization (Printed Name) to contractually bind (Company Name) I acknowledge that as part of my response to this solicitation I have read and reviewed copies of the following documentslnotifications, attached: • Conflict of Interest Disclosure • Drug -Free Workplace Provisions • Public Entity Crimes Notification • Non -Collusive Affidavit • E-Verify Acknowledgement • Immigration Laws Notification • Scrutinized Vendor Certification • No Lobbying Notification • Debarment and Suspension Certification • Vendor Performance Acknowledgement I hereby swear or affirm that I have read and that I understand and accept all the requirements and regulations imposed by the above -referenced documents and that I acknowledge and accept that the above -referenced documents and all terms and conditions contained therein are included in the response to this solicitation. The foregoing Affidavit was subscribed and sworn to before me this day of 2020, by who is personally known to me or who has produced as identification and who did take an oath. Notary Public Name: Notary Public Signature: Notary Commission Expiration: Failure to fully complete. sign and submit this Affidavit may result in reiection of the submittal Page 31 of 34 109 of 112 Im IN SEB,�s.. T-°ilV HOME OF PELICAN ISLAND Proposer's Name: RFP Title RFP #22-08 FORM F FINANCIAL AUDITING SERVICES SUB -CONSULTANTS LISTING FORM Financial Auditing Services Phone #: RFP #: 22-08 NOTE: List all sub -consultants you invited to bid on this project, whether they were selected or not. If sub -consultants will not be used on this agreement, check the box below. Form must be submitted with your proposal. Use additional sheets if necessary. The City reserves the right to reject any proposals if the Proposer names sub -consultants who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub -consultant in order to make a determination as to the foregoing. 1. 2. 3. 4. 5. 6. Company Work To Be Contact Telephone Name Performed Person Number 1-1I affirm that Sub -consultants will not be used to complete projects under this agreement. Print Preparer's Name: Title: Signature: Date: Failure to fuliv complete, sian and submit this Form may result in reiection of the submittal Page 32 of 34 110 of 112 nn a SETN RFP #22-08 FORM HOME OF PELICAN ISLAND FINANCIAL AUDITING SERVICES G COST PROPOSAL Amounts include all direct (labor, travel, incidentals, etc.) and indirect costs. The Proposer agrees that if the proposal is accepted, the fees will not increase over the agreed upon contractual amount for the entire contract term, including renewals. Any changes in accounting principles, or state or federal laws, rules a:ad requirements associated with the annual financial report, requiring additional work shall be pre -approved by the City by way of a Change Order (refer to page 34). Year Audit Period Ending Total Projected Financial Audit CRA Audit Single Audit, Hours if required I September 30, 2022 $ $ $ 2 September 30, 2023 $ $ $ 3 September 30, 2024 $ $ $ TOTAL A: $ $ $ Optional Extension Period 1: 4 September 30, 2025 $ $ $ 5 September 30, 2026 $ $ $ TOTAL B: $ $ $ Optional Extension Period 2: 6 September 30, 2027 $ $ $ 7 September 30, 2028 $ $ $ TOTAL C: $ $ $ TOTALA+B+C: $ $ $ OPTIONAL PRICING: THESE COSTS WILL NOT BE USED FOR EVALUATION OF COST Additional Work Role Hourly Rate Partners $ Managers $ Supervisory Staff $ Staff $ Other: $ Authorized Name & Title: I am a legal agent of the above named company and am fully authorized to sign and bind the above listed Company to the contract. Signature: Date: Failure to fully complete, sian and submit this Form may result in reiection of the submittal Page 33 of 34 III of 112 m, SEBASTAN HOME Of PELICAN ISLAND Date: RFP #22-08 FINANCIAL AUDITING SERVICES CHANGE ORDER — EXAMPLE <CHANGE ORDER SHOULD BE ON COMPANY LETTERHEADS Client: CITY OF SEBASTIAN Description of Additional Services: Estimated Completion Date: Estimated Additional Fees: $ This Change Order is a result of additional or unanticipated efforts, as described above, required completing the services assigned. The estimated additional fees above are due and payable upon completion of the services. If the City agrees with the above description and the estimated additional fees, please authorize below. AGREED: CONTRACTOR: Date: Print Name: Title: CITY OF SEBASTIAN: Date: Print Name: Title: Page 34 of 34 112 of 112