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HomeMy WebLinkAbout07252007..w ~~ _ ,_ ;~ ._~ ~ - - NOME cJF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 25, 2007 - 7:00 P.M. CITY Ci~UNCIL CHAMBERS 1225 MAIN STREI=T, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225!!;~A1N STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER WOLFF 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER WOLFF We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal atfacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members 7. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS 07.004 A. Certificate of Appreciation for Pat Beckwith & Diane Powers, Temporary Environmental Advisory Committee Service 07.148 B. Sebastian Clambake Foundation Presentation of Checks to City of Sebastian and Sebastian Soccer Association 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-2 A. Approval of Minutes -July 11, 2007 Special Meeting 3-14 B. Approval of Minutes -July 11, 2007 Regular Meeting 15-22 C. Approval of Minutes -July 18, 2007 Special Meeting 07.040 D. Resolution No. R-07-28 - 3`d Quarter Budget Amendment (Finance Transmittal, 23-69 R-07-28, Memo, Reports, Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.004 A. Natural Resources Board 71-77 (City Clerk Transmittal, Application, List) Interview, Unless Waived and Nominate and Appoint Regular Member with Term to Expire 7/2010 07.149 B. Construction Board Issues -City Attorney (No Backup) 10. PUBLIC HEARING Procedures for Public Hearing Mayor opens hearing Attorney reads ordinance or resolution title Staff presentation Public Input Staff summation Mayor closes hearing Council action 07.019 A. Ordinance No. 0-07-10 -Senior Homestead Exemption to Replace Emergency 79-82 Ordinance No. 0-07-09 (City Clerk Transmittal, 0-07-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. 07.115 B. Ordinance No. 0-07-12 -Cemetery -Definition of Proof of Residency (City Clerk 83-86 Transmittal, 0-07-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 2 07.150 C. Quasi-Judic'::al ,-..,~ _ ~..~;ion No. R-07-29 - Gai/':~s ~'~-:,~,:r~~,ry Plat Extension 87-100 (GMD Trar~: -::!:.::,:; ~=: _:7-29, Application, Letter, %'ur? A RESOLUTIOi"~! ^r~ -~ '-:~_ ;ITY OF SEBASTIAN, FLORIDA, AF'~'rC'~IING AN EXTENSION OF THE PRELIMIPJAr`r r-?_ ~ f FOR A TOWNHOUSE DEVELOPMENT` SUBDIVISION KNOWN AS GABLES AT S~U:~,S ~ L^-.,`I; PROVIDING FOR CONFLICTS }-,Ei'i=Vl`ITH; PROVIDING FOR EFFECTIVE C,=~T~. 11. UNFINISHED BUS-i''"~`'":' 12. NEW BUSINESS 07.151 A. Certificatio;~ `~°~ :~::` ~,~'aximum Fiscal Year Millage t=~~}e (rnance Director 1o1-1os Transmittal, ,~is~r~~?~;~ive Forms DR-420 (4)) 07.152 B. Airport Avia?ic,; :~=~;:1 contract (Airport Transmittal, ^,~ ;~~ ~rr,ent, RFP, Responses) 107-187 07.153 C. General Fund t.~. iy retirement Incentive (City Manager 1-ransmittal) 189-190 13. INTRODUCTION OF Na=''~hJ BUSINESS FROM THE PUBLIC Item that has occurred or N. ~s discovered within the previous six mon'hs which is not otherwise on the agenda 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 07.154 A. Update on Additional Stormwater Assessment Process (No Backup) 16. CITY CLERK MATTERS 17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Cauncil Meetings ace Scheduled fior Live Eraadcast on Comcast Channe€ 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH .DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Procedures for Quasi-Judicial : ~: _ : Upcoming meetinc,~s: __ __ __ _ _ Mayor opens hearing July 28, 2007 - 9 am -Council Retreat at Yacht Club Council Members disclose ex ~- ~~:-,: ,~ ,~-;- -r;,;,n;cation August 8, 2007 - 7:00 p. m. -Regular Meeting Applicant or agent makes press=:'-: -i~.: r; ;;~ ,~vor o. request following August 15, 2007 - 6:00 p. m. - Cify Council Budget Workshop swearing in by City Clerk August 22, 2007 - 7:00 p.m. -Regular Meeting Staff presents finding and analys~.~ ~~iir,>ving swearing in by City Clerk September 10, 2007 - 6:00 p.m. -Special Meeting/1 S` Council Budget Hearing Council asks questions of the a~ ~ 'c ,~it and staff September 12, 2007 - 7:00 p.m. - Redqular Meeting Mayor opens the floor for ~nyor,- ;;~ - ~; or ofrhe request September 19, 2007 - 6:00 p.m. - 2" City Council Budget Hearing Mayor opens the floor for Mnyor r- r,; _;;ng the request Applicant provided opportunity l,, ; ~._ .;n,1d to issues raised by staff or public Staff provided opportunity to summar,"ze request Council deliberation and questions Mayor calls for a motion Council Action ~~, ~~ - " -~ ,~, . - -~- HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING AND ATTORNEY-CLIENT SESSION WEDNESDAY, JULY 11, 2007 - 5:30 PM MINUTES CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Special Meeting to order at 5:30 p.m. ~;~~ 2. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Eugene Wolff Staff Present in Chambers: MIS Systems Analyst, Barbara Brooke-Reese Chief of Police, Jim Davis City Council Absent: Council Member Dale Simchick - excused Staff Present at Dais: City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams 3. PUBLIC REQUEST BY CITY ATTORNEY FOR A CLOSED ATTORNEY-CLIENT SESSION TO DISCUSS SETTLEMENT OF PENDING LITIGATION IN THE MATTER OF J ~ S AVIATION VS. CITY OF SEBASTIAN The City Attorney requested an Attorney-Client Session to discuss settlement of the J & S Aviation vs. City of Sebastian pending litigation. There was no objection. He then announced that the following members would attend the closed session and it would be approximately 45 minutes in duration. Names of Persons Attending: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Eugene Wolff City Manager, AI Minner City Attorney, Rich Stringer Certified Court Reporter, Amy Schreck, RPR He announced that Ms. Simchick may arrive during the session. The City Clerk and Deputy Clerk remained in the Council Chambers. t Special City Council Meeting °" July 11, 2007 Page Two 4. CITY COUNCIL WILL RECESS THIS PUBLIC MEETING TO COMMENCE A CLOSED ATTORNEY-CLIENT SESSION AS REQUESTED ABOVE Mayor Coy adjourned the Special Meeting and the above listed members moved to the second floor conference room for the Attorney-Client Session. 5. REOPENING OF PUBLIC MEETING; ANNOUNCE END OF ATTORNEY-CLIENT SESSION City Council members, including Ms. Simchick, who did not attend the session, City Manager and City Attorney returned to the Council Chambers and Mayor Coy reopened the Special Meeting at 6:27 p.m. 6. CONSIDERATION OF PROPOSED SETTLEMENT OF PENDING LITIGATION IN THE MATTER OF J & S AVIATION VS. CITY OF SEBASTIAN The City Attorney recommended approval of the settlement agreement in accordance with the following terms: 1. The City would pay $200,000 to J 8~ S Aviation within ten days of Council approval. He recommended that some of this be held as security for compliance through a trust account of his attorney's office. 2. J & S will keep and remove the steel building and that at their option can take or leave the fuel tank. If removed it will be within full compliance with applicable rules and regulations or else we will go to the part being held in escrow. 3. J & S will vacate the property and remove all their property no later than end of business August 31St 4. J ~ S Aviation and all its principals and immediate family will agree not to take direct or indirect ownership, interest or managerial positions in any commercial operation located at the Sebastian Airport for a period of ten years. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to authorize these settlements as stated by Mr. Stringer. Mr. Paternoster noted for the record that provision 3 means August 31, 2007. Roll call vote result was as follows Ayes: Paternoster, Simchick, Wolff, Coy and Neglia Nays: None 7. Mayor Coy adjourned the Special Meeting at 6:30 p.m. Approved at the Regular City Council meeting. Andrea Coy -Mayor ATTEST.• Sally A. Maio, MMC -City Clerk 2 CftY ~~ '' ~-: ' ti: :,~~_.'. HOv1E OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 11, 2007 - 7:00 P.M. 2 3 4 5 6 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Simchick. There was a moment of silence. pq~.ET Council Member Simchick read the civility pledge: We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Staff Present in Chambers: Airport Director, Joe Griffin Police Chief, Jim Davis Public Works Director, Jerry Converse Public Works Assistant, Linda Kinchen MIS Systems Analyst, Barbara Brooke-Reese AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members Mayor Coy requested deletion of item 12D and the request was approved on a voice vote of 5-0. Ms. Simchick requested removal of item 7A on behalf of Hula Grill and the request was approved on a voice vote of 5-0. ;~ ~ Regular City Council Meeting July 11, 2007 Page Two 7. ITEMS CARRIED FORWARD FROM JUNE 27. 2007 REGULAR MEETING 07.025 1-3 A. Resolution No. R-07-24 -Repealing Resolution No. R-97-27 Special Use Permit 806 Indian River Drive (City Attorney, R-07-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RESCINDING RESOLUTION R-97-27 CONCERNING OUTDOOR SEATING AT 806 INDIAN RIVER DRIVE; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. 07.124 5-10 This item was deleted during agenda modifications. B. Florida League of Cities Annual Conference (City Clerk Transmittal 6/20/07 FLC Memo 6/8/087) i. Select Voting Delegate Mr. Paternoster nominated Mr. Neglia as the voting delegate and Ms. Simchick seconded the nomination and the appointment was approved on a voice vote of 5-0. Submit Resolutions if Needed Ms. Simchick said she would be in favor of moving forward with the topic of the Florida League of Cities class suit action regarding making the ballot language regarding the homestead exemption issue more clear to voters. Mr. Neglia said this was discussed today at the Treasure Coast Council of Local Governments meeting and its chairman will bring it up at the FLC conference. 07.135 C. Joe Scozzari -Special Overlay District Regulations that Inhibit Commercial Development (no backup) Joe Scozzari, Sebastian, said Riverfront overlay district regulations make it difficult to open commercial property, citing his problems in trying to develop a property on the corner of US 1 and Main Street due to landscape requirements. He recommended directing the City Manager to talk to the tree committee to make changes to make it easier for small business owners. 07.136 D. Damien Gilliams i. Marina Proposal (no backup) Mr. Gilliams said the Hula Grill property adjacent to the Yacht Club will become available after this meeting and said the City might be interested in purchasing it, noting the price will be very reasonable. Mr. Gilliams said he offered a boat slip at his property at no charge to Officer Tom Poore to help with patrolling the Yacht Club ramp. n 2 Regular City Council Meeting July 11, 2007 Page Three 07.137 ii. Donation (no backup) Mr. Gilliams presented the City Council with a City logo sign he purchased on behalf of one of his businesses for the Council Chambers. Mr. Gilliams began to address other issues, however, Mayor Coy reminded him that this is items carried forward and he could address other new business at the end of this meeting. E. CITY COUNCIL MATTERS i. Mayor Coy Mayor Coy reminded the public that Indian River Community College is coming to the old Schoolhouse building in August. Mr. Neglia a. Public Input Time Limit (added) Mr. Neglia said he would rather discuss this on July 28tH Other Matters Mr. Neglia suggested the only way we can keep the mowing at the current schedule and take care of other stormwater issues is to possibly assess another $2 per month per homeowner. It was the consensus of Council to place this on a future agenda. The City Manager noted that if Council were to do this the County Tax Collector would need to be notified by mid-September. Mayor Coy requested an update from the City Manager by the next meeting. Mr. Neglia thanked Mr. Gilliams for his offer of a slip, but stated that Officer Poore would prefer to dock at the recently purchased Boudrot dock and asked the City Manager to notify Officer Poore that he can dock there. He said he wants to put signs on that lot to keep people from parking there. iii. Council Member Paternoster Mr. Paternoster reported he had cancelled his July and August public forums; and asked for the projected time line for finger docks at the Yacht Club and the City Manager said he will get back to Council on this. ~~ 3 Regular City Council Meeting July 11, 2007 Page Four 07.140 iv. Council Member Simchick lW. ~~ . Ms. Simchick reported on the Beach and Shore Preservation meeting, noting that Wabasso Beach improvements are due to be done by Christmas. She also reported that the County bus schedule will be listed on Comcast Channel 25. 11-17 a. Affordable Housing (E-Mail, IRC Agenda Packet Pages Ms. Simchick said she requested this item to jump start a conversation with Council, described County plan for affordable housing, and suggested having the City Manager look into the issue and place it on a future agenda. The City Manager said we can start looking at this and have Growth Management talk to some folks and look at it as a long term goal and maybe talk about it at the retreat. Mr. Paternoster said he has attended symposiums on affordable housing and can provide materials, suggesting maybe we can work with the County. Mayor Coy agreed we can look at this during the retreat as a potential long term goal. v. Council Member Wolff Mr. Wolff thanked everyone in Community who participated in 4"' of July event, fireworks spectacular 8. 07.141 PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Certificates to Public Works Staff for Renovation of Yacht Club Mayor Coy presented certificates of appreciation to Gary Allen, Doug Buerger, Sylvia Clark, Ted Creller, Bucky Gerber, Dave Griffin, Chris Hiler, John Lubczynski, Fred Luhrs, Bob Managarell, Rob Robinson, Tim Sweeney, John Tenerowicz and Wanda Webb for their renovation of the Yacht Club. Mr. Paternoster said not only does Council thank them for the Yacht Club but for the work they do every day. 4 07.061 Regular City Council Meeting July 11, 2007 Page Five ,, ~ h~.., B. Boys and Girls Club Presen±_=;ii~n by Ronnie Hewett and Youth_~:~F the Year Joe Smith _- - - _ -- Ronnie Hewitt, introduced Jue S:nit'r~, sophomore at SRHS, 2007 3oys and Girls Club Youth of the Year. Joe Smith, addressed City C:o!ancil on the positive effects of being involved with the Boys and Girls Club. Mr. Hewitt introduced Joe's mother and Sebastian Boys and Girls Club Director, Alex Suez. He then gave an update on positive attributes of the Boys and Girls Club membership and said the Club is interested in building a covered outdoor basketball court, and asked City people to consider working with them on this. He said they are always seeking volunteers. Ms. Simchick congratulated Mr. Smith on his Youth of the Year title. Mr. Hewitt gave the number 388-0904 for anyone interested in volunteering. 19-22 23-39 07.142 41-53 9. 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. A. Approval of Minutes -June 20, 2007 Special Meeting B. Approval of Minutes -June 27, 2007 Regular Meeting C. Resolution No. R-07-27 - No Child Left Behind (School Board Letter, Reference Guide, R-07-27) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING CONGRESSMAN DAVE WELDON TO FULLY SUPPORT AND CO-SPONSOR H.R.648 RELATING TO THE NO CHILD LEFT BEHIND ACT OF 2001. 07.143 55-58 07.019 59-62 D. Mayor's Attendance to Strategic Planning Program Sponsored by the Indian River County Chamber of Commerce (City Clerk Transmittal, Letter, Form) E. Reschedule Public Hearing of Ordinance No. 0-07-10 -Senior Homestead Exemption to Replace Emergency Ordinance No. 0-07-09 for July 25, 2007 (City Clerk Transmittal, 0-07-10) ~/ 5 ~r-~ ,~,^ Regular City Council Meeting ,. July 11, 2007 ~"~ Page Six AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. 07.115 F. Reschedule Public Hearing of Ordinance No. 0-07-12 -Cemetery -Definition of s3-ss Proof of Residency for July 25, 2007 (City Clerk Transmittal 0-07-12~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolff removed item C. MOTION by Ms. Simchick and SECOND by Mr. Neglia, to approve all items except item C. Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, and Paternoster Nays: None Passed Item C - No Child Left Behind Resolution Mr. Wolff listed his concerns with the No Child Left Behind issue and said he thought it was too in-depth, needs more research, he did not agree with some of the principles, it contains politically correct rhetoric and thought it not proper for Council to be endorsing it. Each member of Council offered input. Mr. Gilliams requested to speak, Mayor Coy asked the City Attorney if it was required to hear input, and the City Attorney said it was discretionary. Mr. Gilliams approached the podium and Mayor Coy said she did not call on him and asked him to take his seat. Mr. Gilliam said the City's policy allows him to speak. No one challenged the Mayor's decision. MOTION by Mr .Neglia, and SECOND by Ms. Simchick, to approve Resolution No. R-07-27. Roll call vote result was as follows: Ayes: Coy, Neglia, and Simchick Nays: Wolff, Paternoster Passed 0 6 Regular City Council Me~:~:~ July 11, 2007 Page Seven 10. COMMITTEE RE~~i'>;~;~:'~f-:COMMENDATIONS 07.012 A. Constructi^n :,-,,., ~,.til 67-75 Cit Clerk_T,~ars~ r ~_ittal, .Code, Application, Ad, List) i. Fill or~e_i~Fgular Member, Electrical Contractor Position City Council `_r=,,"ly interviewed applicant and current alternate member Mr. Bulla. MOTION ~y +Vlr. Paternoster and SECOND by Mr. Neglia to appoint Mr. Bulla to the vacant rnernber seat on the Construction Board gassed on a voice vote of 5-0. 07.057 B. Natural Resources Board 77 City Clerk Transmittal i. Confirm Membership and Status of Existing Members The City Clerk recommended staggered expiration dates based on members' original dates of appointment to their respective committees and adding three years. (see list attached). MOTION by Mr. Neglia and SECOND by Mr. Wolff to accept the existing members with their existing status to the Natural Resources Board with staggered retirement dates passed on a voice vote of 5-0. Mayor Coy called recess at 8:12 p.m. and reconvened the meeting at 8:25 p.m. All members were present. 11. PUBLIC HEARING -none 12. UNFINISHED BUSINESS -none 13. NEW BUSINESS 07.144 A. Approve Revised/Updated Lease with New Cingular Wireless PCS LLC (City 79-84 Manager Transmittal, Agreement, Survey) The City Manager responded to questions from Council as to the Cingular lease extension to a 48 year term, the $27,250 payment and the existing contract. He said he sees this as a good public service. Damien Gilliams objected and said it should be put out to bid. Ms. Simchick noted the existing contract is until 2025 so it could not go out to bid. Mr. Wolff noted that Cingular is now AT&T. Regular City Council Meeting July 11, 2007 Page Eight .,..,«^+ The City Manager said if Council does not continue the lease, the City does not get the $27,000 nor will Cingular install the generator, and they do have an out clause in their existing agreement. MOTION by Mr. Neglia, and SECOND by Mr. Wolff, to approve the amended lease. Roll call vote result was as follows: Ayes: Coy, Neglia, Simchick, Paternoster, Wolff Nays: None Passed 07.145 B. Conlon Mowing - $45,230 Additional Funding (Public Works Transmittal s5-ss Spreadsheets, Map) The City Manager briefly reiterated his recommendation as set out in the agenda packet. Damien Gilliams, 1623 US 1, Sebastian, said if this was properly bid Council wouldn't have to keep doing this. Louise Kautenberg, Sebastian, said ditches and swales have never looked as they do now, and if the City asks Conlon to do more the City should pay more. Joe Scozzari said the City Manager did state there was going to be more funds spent. Todd Klitinic, said Conlon was doing a good job, and recommended the City should do ditches four times a year. John Conlon described the process and the addition of Nebraska Circle. He said if the funds can be found the City should do four cuts next year. In response to Mr. Neglia, he said he could not go back from four to three cuts, but there could be negotiations to reduce the price after the contract ends since the cutting is getting easier. Mr. Paternoster said they are doing a great job, asked if a triangle can be put on the mowers for safety, and Mr. Conlon said the triangle and a flashing yellow light will be installed. He noted all mowers have roll bars. Mr. Wolff asked Mr. Conlon how he measures the area, and Mr. Conlon explained he uses a wheel to measure square footage and that his calculations are checked by the City. ~o Regular City Council Mee}ir~g July 11, 200-7 Page Nine k,? 8:54 pm Mr. Wolff said when the contract is ~.ap, the City needs to put all of the expenses down on one piece of paper and see wt;ai it is going to cost going forward, put it out to bid and find out if the City is g~:tting a bargain or maybe th£~re is a cheaper way to do it. The City Manager said he believes all the ditches have been identified and cleared. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to appropriate $45,230 from Stormwater reserve funds and increase the Conlon contract by this amount. Roll call vote result was as follows: Ayes: Neglia, Simchick, Paternoster, Wolff, Coy Nays: None Passed 07.146 C. Approve $135,985 to Lanzo Pipe Lining Services for Stonecrop/Airport Drive 91-131 East Repair (Public Works Transmittal, Contract, Estimate Mr. Wolff asked how the City becomes aware of piggyback bids. The City Manager said sometimes the contractor advises us, and noted the other City may already have gone through the bidding process. He said Tampa did go through the procurement process and bidding. The City Attorney said there is a list on-line that provides contracts, and if a project is on the list it was competitively bid. Mr. Neglia asked about any extras we might have to pay and cost for traffic control and pipe cleaning. Mr. Paternoster asked when the City first noted the Airport Drive pipe was in disrepair, and the City Manager said approximately four weeks ago when the City got to the east side of the Twin Ditches project. The Public Works Director described the project process. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the Stonecrop pipe rehabilitation piggyback project from the City of Tampa with expenditure required of $135,985 also to include Airport Drive. Roll call vote result was as follows: Ayes: Paternoster, Wolff, Coy, Neglia, Simchick Nays: None Passed t( 9 tr ~ Regular City Council Meeting ~'"~ 4 July 11, 2007 Page Ten 07.147 D. Airport Lease Approval -West One Development, Inc. (backuppreviously provided under separate cover) This item was removed during agenda modifications. 15. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda Joe Scozzari asked if Council would take a vote to waive the overlay district landscaping requirements for 1301 U.S. 1 and waive the $350 fee to submit his application to Planning and Zoning. There was a lengthy discussion, assurance by Mr. Scozzari that he has a letter of intent and tentative lease from property owner, Richard Scott; input from the City Manager as to the odd shaped lot and previous site plan on file which was for a different type of use; input from the City Attorney that only Planning and Zoning (P & Z) could waive the requirements but Council could waive the application fee. The City Manager said before Council considers granting variances not to follow the land development regulations, they need to consider the precedent it may be setting in the overlay district. Mr. Scozzari said the precedent had been set by the previous owner. Mayor Coy warned Mr. Scozzari this is not a debate, he told her not to point at him and to be civil. She asked him to have a seat. The City Attorney said in the normal course of a request for a waiver, the City would ask for an authorization from the owner, would have to have a site plan, particularly when there are different uses, then go to P & Z and the request would not even come to Council; that he is simply asking for a waiver of the fee. Mr. Scozzari thanked Council and gave the heil sign to Mayor Coy and she asked the Police Chief to escort Mr. Scozzari out of the meeting. Mr. Scozzari made an obscene gesture toward the Council and the Mayor said she wanted to discuss this. Mr. Scozzari left the meeting at this time. Damien Gilliams read directions under Consent Agenda and under procedures Resolution R-07-24, which allows a person to raise his hand to be heard, and the City Attorney said he planned to address this under City Attorney Matters. Damien Gilliams said this Council requested funding for Kashi Ranch in the amount of $1.6 million and asked why Council is not asking for funding for our local churches. 1~ 10 ~.. , -< ~- Regular City Council Meeting July 11, :?007 Page Eleven ~1ayor Coy said when an~:ia;•-~ ~~:,•_;~~c;~, ~~:~~ilds an assisted livi;,d i~,;~~;~~ :_„,w will do the same. Mr. Gilliams asked if anyar~e ~ ins iu: ?ate a citizens academy; cry d t~<~ didn't think there 9:29 pm was proper notice to builders when the City increased permit fees and it should be reconsidered; said the Council sho~_:Id conduct its retreat in Counf:il Chambers and broadcast to have transparency; discussed his evaluation of tt,a (.iiy Attorney. Ms. Simchick noted that the ev.::l,.:ation i~ pan internal matter and not ~:~~rlic. Mr. Gilliams said he hoped Mayor Coy would ;~efrain ha; collection for the Kroeyc;l satue during veterans celebrations and Mayor Coy corrected him noting the collection was for the Purple Heart Veterans memorial; said thc; City Attorney and Growth Managerr~r:-,t Director had no business imposing site plan conditions on the previous lessee of the Richard Scott property because the Yacht Club does not follow City codes; in regard to the economic plan -Channel 25 should show previous presentations developed for the City; recommended a technology and research development authority; under presentations on agendas Council voted to name buildings for people in the community, he suggests raising capital by putting corporate names on buildings; stated Melbourne is building a garage in its CRA district; Vero Beach changed to back out parking; and closed by stating the delegation received funding and asked what Sebastian received. Todd Klitinic thanked City Council for the Natural Resources Board, thanked Ms. Simchick for nominating him to the Board, and said it was the first time in months the public has been allowed to speak and asked if Council would consider moving this up. Mayor Coy asked the Clerk if this was a true statement and the Clerk replied she would have to review the record. 16. CITY ATTORNEY MATTERS The City Attorney stated the three times public input is permitted are: oral presentations under public hearings, Introduction of New Business from the Public and input on agenda items and every thing else is discretionary to the flow of the meeting. He also read the consent agenda procedure and said recognition is discretionary which follows Robert's Rule of Order. Mayor Coy suggested addressing this at the retreat. He said the Police Department's basketball court was removed during the City Hall expansion and a few employees have asked for it to be replaced; said Nebraska Circle was initially part of the canal system but now it is dry and different from the other ditches; He explained within the non-conforming use section, it says a business cannot expand unless it lessens the non-conformity. He suggested adding that if there is ancillary use that does not increase the non-conformities such as electrifying the dock at the Hula Grill but not needing additional parking and the situation at the Firehouse Garage, that perhaps the code can be changed to provide a possible solution for both businesses; stated the local governments 13 Regular City Council Meeting July 11, 2007 Page Twelve are ready to bring in the policy makers to form ideas to address where the County should go. He said the City does not have standing under the annexation statute to challenge Fellsmere, but there is an arguable approach that may be filed by next Friday, July 20th so that a member should call a special meeting next week. He cautioned that it is not the best policy decision and not a "slam dunk." In response to Ms. Simchick, the City Attorney explained the City would have standing if the annexation order which is a development order is in conflict with Fellsmere's Comprehensive Land Use Plan (CLUP). He further said the City, in interlocal negotiations included the big annexations in their concerns as did the other governments, but Fellsmere didn't so this could be challenged as non-good faith negotiations. He again cautioned there is no legal guidance from the courts on this type of challenge. He said if the court found in favor of the City, the annexation ordinances would go away and Fellsmere could amend their CLUP plan. He offered to bring back a memo to Council outlining the possible challenge by Friday. 17. CITY MANAGER MATTERS The City Manager requested an executive session at 6:00 pm on July 18th to discuss PBA negotiations which he reported has started very well. He stated he would like to continue to put Council matters first on agendas as was done tonight. Mr. Neglia said the only negative about putting Council first is that Council will not able to address issues that come up during the meeting. The City Manager offered to keep Council matters at the end until it is discussed at the retreat. 18. CITY CLERK MATTERS The City Clerk asked when and where the retreat would take place. The City Manager said it is scheduled for Saturday, July 28th at 9:00 am at the Yacht Club. It was determined that the retreat would be tape recorded and have light minutes. She reminded Council that the Florida League of Cities registration closes July 27th and to let the Deputy Clerk know if they would like to attend. Mayor Coy clarified that she was collecting monies on Veterans' Day for the Purple Heart memorial and she let Mr. Gilliams know he may still make a donation for the memorial. 19. Being no further business, Mayor Coy adjourned the Regular Meeting at 10:13 p.m. Approved at the Regular City Council meeting. ~~ city --- _ ~"- - ~,~ --_ .HOME. OF PELICAN fSLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING CALLED BY MAYOR COY WEDNESDAY, JULY 18, 2007 - 7:00 P,M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. Mayor Coy called the Special Meeting to order at 7;Q~~'.m. ROLL -CALL Cit~Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Mini City Attorney, Rich St City Clerk, Sally~~~ ,~ ~' Air ,rt Directoy~ a Griffin p ystems An st, Barbara Brooke-Reese .l ~~~ ~ce Lieutenant, Greg Witt X11 ~~ ~~~ 11~~ I} ~ ~~ ~~ ~e . ~~~~~~{~~E I'~ ~~ FE Mayor Coy briefed tl# u on meeting procedures, stating the City Manager will make a presentation, ked for Council decision on public input, recommending if approved a time limit be posed. Mr. Neglia suggested a three minute time limit on public input and Mr. Paternoster seconded the recommendation. Ms. Simchick recommended against input because the public was not privy to the legal documents that Council has received. Mr. Wolff agreed with public input and the three minute time limit. Mayor Coy recommended public input following the City Manager presentation and prior to the City Attorney recommendation and City Council deliberation. Voice Vote on the recommendation for public input of three minutes carried 5-0. ~5 Special City Council Meeting July 18, 2007 Page Two The City Manager gave a power point presentation citing the chronology of the Interlocal Service Boundary Agreement under FS Chapter 171 Part II (see power point presentation attached). He left the map exhibiting the current and proposed annexations on the overhead for the benefit of the public and Council. Mayor Coy called for public input. The following members of the public addressed City Council on the issue: Louise Kautenberg, Sebastian, noted annexations are voluntary. Richard Carrell, Fellsmere Farms, CR 512, F whereby annexations do not constitute a dev Plan Act Act does not require local govemme annexed only identification of procedures for agreements and under FS 171 it allows for ~ a joint planning area. ,,1~~~~ Joe Scoazari, Sebastian, urged that Cou down communication. +~~,. Sylvester Julian asked how the welfare, and would. ann _ ; ner 1stated statutes are clear order, and the Comprehensive ntify specific areas to be a and implementing planning ann tj~n that do not correspond to {{r 1 ~~~~~ff''~ bte for this labirsult so we don't shut i~~~ve an effect on health, safety and ~~~1. Cheryl Hampton, Vic~~~~or; ~ of Fc 'ere, said a large portion of the annexed land is conservation an ``II~~ r on ,be for industrial and commercial; said Fellsmere.onl gl~~ pet~~l ace to live and work, and asked what Sebastian i~t aid of.~~ll-_ ~h-. Damian Gilliam~~ 23 US' asked the Clerk if there was backup information for this meeting. She res~ ed t' she was not in attendance when this packet was prepared and did no~ ckup. Mayor Coy said that the backup was provided to Council by the City Atto~r and was not public information until released by the Attomey. Mr. Gilliams became argumentative and Mayor Coy asked him not to misinform the public. Mr. Gilliams asked if the Attomey gave Council an opinion in writing and wanted to be sure Council was doing its homework. Mayor Coy then gave him a first warring, he said she kept interrupting him and when he began to ask the question again she asked him to take his seat. He requested a point of order, there was none, and he said, "you didn't do your homework", and she asked that he leave. Lieutenant Witt escorted him out of the chambers. Chuck Lever, Sebastian, said there is an agreement acid it must be adhered to. Dorothy Thomas, Fellsmere, urged that we be better neighbors. Ms. Simchick was excused from 7:36 p.m. to 7:38 p.m. ~~p 2 Special City Council Meefing July 18, 2007 Page Three Alvin Thomas, former T~l:~.,~cr ~:il: ~~~il~mere, cited the good rr:!.~`ior,~ ,,~;1 r~~ ~=.ve had for many years and urged that t}~+~y f,=~r;tinue. The City Attorney then ~~:~ve ; ;i ~~ ;:~-asentation and recomrne~n~:ia~ion. t-' ~ ::aid litigation is not taken lightly, there a~~;~ is~s, and land owners financing this; ~;°;all try ~J ?j~~ .~:~~se attomey fees if they prevail. He clarified there are tsvo concerns we are expressing, we h~,v~~ entered into a statutory process to negotiate an interlocal service boundary agreement to which was initiated by Fellsmere and agreed to by other governmental agencies in Indian River County, and statutes say you will negotiate about the issues in gofaith fc~r six months. He said we are not saying Fellsmere is negotiating in bad faith, bu ct not ~ :egatiating at all in accordance with the statutes. He said it is entir sonable to ask the court to clarify what the statute says, do they have to negoti~~~~he ~~sues with us or not. He went onto explain the other elemen ~'onsider is, is°~ program impacting Sebastian residents in a manner which you feel is' acre able and ~ d justify taking the risk of litigation: He said the risks are that we m ~evall, they v~~ try to hang attomey fees on the City, and it does cost bad fee ' s. He s asls for the claim is that the annexations are a development order, and bec ~~~e i standing land use, the least intense land use available for this private prope s t~ ~ ns ~~sidential. He said while their agreements state in the f ~~~ there be, s, the concern nght now Is If it goes through now it could g a un acr . ~ ~1 I The City Attorney state ~ If th ~lmpacts Sebastian, the key point would be CR 512, that it is ~ y a ~1~~~j go east, noting the Pine Grove annexation which is just west. ~5 ag en ady calls for six lanes for 512 by 2013, and this is not including the annex s. said this is the only evacuation route Sebastian has, Sebastian will b ~e outle the ea, with impacts on our boat ramps. He said by no means should we leng ~ ellsmere because of a theoretical disagreement with growth, but because all the r negatives about~the challenge outweigh the negatives that can happen from this in suc~ way that it is worth taking a shot. He said growth is not supposed to be leapfrogged, under the Growth Management Act, growth is supposed to be steady and match demand. He said Pine Grove sits there with 5,600 dwelling units approved and not one has been built, that there is a massive amount of commercial and residential development out there and if you are going to add all of this other development what you are setting up is leapfrog development which is specifically prohibited in Fellsmere's comp plan. He closed by stating he believes there are problems with these approvals in light of their comp plan and the key question the court will have to decide is if this is a development order within the framework of the comprehensive Growth Management Act. He said it is a reasonable question to ask how is something that has the effect of taking AG land, which under legal definitions is not development; and putting it into a ~~ 3 Special City Council Meeting July 18, 2007 Page Four legal status where the least intrusive use of that land is low density residential, how is that not having the effect of approving development. Each member of Council then offered input on the issue: Mr. Neglia said his concenis were impacts on City of Sebastian services, roads, boat ramps, parks, parking, safety and welfare for all people in Sebastian and Fellsmere. He said he was concerned for density, Graves and Ansin property development, and CR 512 traffic. Mr. Patemoster said he shares the same concerns, noted at the joint meeting with Fellsmere, Sebastian was quite surprised when we s this particular map and it was. said by the Fellsmere Manager that this would be by the end of June and their officials were expeditiously working on it. He saj~ re is only one way out of Fellsmere and that is CR 512, and there will ~ a j~ipacts. In response to Mr. Patemoster, the City annexed in 1999 and land use complete you want to at least start building, and w provide funding for schools and f~ He certainly want to take care of our ~~~!~~~ said the' Grove property was Mr. Pate ter said at some point ~~d that devel ~ers would build or don't want to be bad neighbors but Ms. Simchick said she w ~ce to ak ~ ~~~ ~ti~'ens and have the map shown at home. She said she ~ ellsm whthey want out there, and the question is "where is" ~~mer .She d if you look at the map as proposed, they. are surrounding Sebast 4(~ ~i~5. said most people have not seen this map, and she want t w ~ ~- nsin 2560 annexation east on I-95 would create 5,12 mesa in ~~the annexation agreement, which will dump into 512 and 510. Sh id we wi a Fools, fire, ambulance on a huge scale, and that is how it is affecti ~ ebastia and ere is no clear plan on how they will service all those people. Sh 'd th ' for was shut on being a good neighbor on May 7"', said it is time for a time out Wing, noting.this has not gone to Treasure Coast Regional Planning Council or De merit of Community Affairs, that lack of services will affect us on a daily basis, if we don't stand up there will be no City of Sebastian, it needs to be challenged, and it is her duty to protect the citizens of Sebastian, using good judgment, considering consequences and acting accordingly. Mr. Wolff said obviously litigation is seen as something one does as a last resort, asked Mr. Minner what he would like to have seen brought to the table by Fellsmere prior to him and Mr. Stringer suggesting we have reached a road block. The City Manager said in is his managerial opinion only, Fellsmere has been very direct and candid and true to their negotiating words as Mr. Nunemaker represented, have dealt in good faith outside of the red and yellow areas (on the map), that some areas proposed which were closer to Sebastian were taken off the table by Fellsmere. He said the red area east of I-95 is still of concern to the City of Sebastian, which displays a leapfrogging away from the core of the City of Fellsmere, because of the way 95 is setup there is no is , Special City Council Meeting July 18, 2007 .Page Five tangible transporaiion network that will ma4ce ?h;+. ; „d : r~ ~ part of the yellow area. He said Sebastian rr~ay t•;A le~# to provide ser~ic~;s *~~ ''>k;~:.:a~ ~.~~~:~s. Mr. Wolff asked }t;e ~~ity F.ttarney if he wauid ;ike tc7 ;~;,~ti '~;t~ this. The City Attorney said the primary concer ~ ~~ ti-, ~it`y •;; ithout some kind of holding land use, much like the Sebastian Highlands ma~~y years ago, from the perspective of government, coming in without a holding land ~..,sa wilf be a ticking time bomb, and we will not know when it will happen. He said our boat ramps will be overwhelmed, new schools we share with Fellsmere cannot be built until the need is already there, the stuff east of I-95 does not interconnect to anything, and Fellsmere told,~s it is not in their control, noting they would hope to build an I-95 interchange which #~e sai`c; is not a reasonable solution to offset traffic impacts. He said if we come up with some wa', to disperse traffic and some way to interconnect the red area back over to Fellsm~pa~~ thavould be a reasonable exercise in planning but it is not available at this point.;;-~ ~ Mr. Wolff asked if we had had any cont~with t ~the prop~l owner east of I-95, to see if they would rather be annexed into the Ci ~ ' ~'eastian. The~ity Attorney said Fellsmere tells us it is the same owner as Pl Grove I hey have a working relationship with Fellsmere. ~ j(~~~ ~~~~ ~~. ~~~~Illl~,. 11,. Mr. Wolff said perhaps ue co be' 3~`~ With the property owner to annex into Sebastian, and said a un d w ~ t benefit it would be for Fellsmere to be on the east side of I-~~ i. ~ The City Man ~I~~ a id iib~ ~~ouncil the City of Sebastian should annex that properq~ er be~ e l uld result in the same concerns, but perhaps could consider pro 'son th~ he ~ p of CR 510. He said that red area would be sprawl for eithel~~~ity. ~~j, Mr. Wolff said the fads ~1e landowners would be responsible for the cost of litigation, possibly we should go ~ e landowners and ask them to put pressure on the City of Fellsmere to go back to the table, stating nobody wins if we all go to court. The City Attomey said the irony is that in the last year for all the people to wind up considering a decision as to whether to challenge or not that it is Sebastian is astounding, because during the last year and discussions about County Charter and Fellsmere wanting to expand, Sebastian was not aligned, did see the need for adjustments to the urban service line because it affected Sebastian and Fellsmere more than the south county. He said at the same time Sebastian had not aligned with Fellsmere because we are the ones who would feel the impacts daily. The City Attomey said if we could remove the atmosphere of fear, put all of this into negotiations with the ISBA, and begin rationally talking to one another about planning and development and the growth of this county that would be a wonderful thing. He said that may be the best thing we can achieve in this challenge is for the courts to tell us go sit i~ Special City Council Meeting Juy 18, 2007 Page Suc down and. talk about this, and we can all sit down and be adults and do what the public wants us to do, which is to reasonably plan and provide for our~citizens. He said right now we are in the middle of two. camps shooting at each other and we are taking the bullet so we are the ones'who may have to go to court if it is going to stop. He said we are not looking to stop Fellsmere, or stop reasonable growth, but are looking for rationality and the only person who is going to give us a rational decision is a judge. Mr. Wolff said this was a fair assessment, said he has sympathy for landowners and farmers because farming viability is quickly disappearing and they want to retain value for future heirs, and what worries him is they are not the ones ~ will develop this .property but outside developers will. He said the expectations sand shopping given to Fellsmere public might have been oversold, and as a resul It the initial parcels that do get sold will be given carte blanche to do what they w tt~~~~~ cause of pressure on City ofFcials to realize expectations which will lead to pq~~~Tanning~l, something like Mesa Park: He said we see talk of five story hotels ~ County. He said we've seen major empl County, and people think that this nd will local residents when .in fact jobs ~ ~ a going to happen anytime soon, ther we could get back to go ~ nego for said maybe it will tak ~~g brin become too political, ' g th is a r he wants peopletto com {an coming all at ~~~ ai ne litigation, bu~nay v~e~~~ell Aso. .h is of charalfir stic with Indian River ing a difficu ~ime in Indian River e panacea that will bring help to the ly Cjp.outsiders, that the bulk of this is not ndo~l~pact on Sebastian, and wished p Indian River County unique. He sa ~'i~ to the situation because it has hreat to our lifestyles here.,.Mr. Wolff said le boat ramps but not 120,000 people back to the table and it's sad if it takes Mayor Coy sai~ a are~~ upl~~of County Commissioners in attendance tonight, noted she begged theme Id o ~n Charter government because the cities needed to talk, begged Fellsmere to but failed on the Fellsmere side. She said the County held off on Charter, we were m~ g some headway with negotiations with ISBA, and was very disappointed that we couldn't talk about these annexations which stayed on the table. She apologized to folks who may construe her comments about coming to Walmart, but in context the issue has always been a transportation issue for her, that there is one way in and one way out of Fellsmere, and most folks are coming to Sebastian, citing going to the Walmart parking lot on Saturday in season and try to find a parking space. She said she never intended to question any municipality's right to grow or have more, that she wants Fellsmere to prosper, but Sebastian wasn't allowed to discuss this issue. She stated in closing that she was in favor of challenging this, and believes that some very positive things could come out of this, and mediation and negotiation by court order may be where we need to be. 2~ 6 Special City Council ~ieet;r*~ July 18, 2007 Page Seven The City Attorrvy ^ctnted out the reap v~.-i=;.~; =.~,~o~i;caii;i the red finger of land pointing northward along ~e 1-~~~ corridor is the r`,;°::a`;~ :':OC), ann,~xed June 7~' with an ordinance effective date of ,.i~„,nn ?1, 2007. He s~:i~:3 -.-~~ a -<;angular red area to the left of Pine Grove, is the 4000 ac~a~ annexed on the 21 St. H ~ :;:„ ~ there arv two main areas where he would approach the co~.;rt, ~,nder the statute the~~~ ~:~~~ iequired to negotiate about all the land, and there is ro time !;i~~1 ~,i~ that, however if t::~~.~ur;;;il ~,vaits too long after they }gave not negotiated it the c~~urt may say it n3ust ;;ot ~,~,-y been too important to you. He said as far as a challenge of brig Ong `hr: annexations in with the agreements and the lack of a land use p,an category that a~:cr.~rrrnodates the present status of the land, that is a development order, and that this has a thirty day limit. He advised that it should be filed by Friday. He advised if Council is going to challenge tis they should act while they have all a basis to challenge. r °~ ~: Ms. Simchick said it would be prudent to con~in~ be~ se of the time limitation, said she is surprised the County didn't challenge~t~IS. ~~ The City Attorney spoke to "enclaven ca rns. Ms. Simchick expressed concerrn~ have not been planned for with thf she didn't vote for this. She said f infrastructure, and forth ~~ of any other way. ,~~~~ '1~Is Mr. Paternoster said he that Fellsmere~~~j~lte, Mr. Wolff asR~~lif we and ambulance, and these services d she would not be doing her job if nts' quality of life, for our ~s~ructure, she don't think there is process, noting we can stop at anytime what are we looking for when we go back to table. The City Attorney`l~ and the. ISBA the City would negotiate for a minimum of six months, after six mo party could say we are not going to settle this, the next step is to go into statut ~ ispute resolution procedures, and under those procedures, management gets together to see if it can be ironed out and if not you go to one or more joint meetings of the governmental bodies and if not settled then to formal mediation. If the issue is still not settled, everyone is free to pursue legal remedies. If you say to go ahead and file, he will say to the court, stop everything in its tracks and send us to 164 dispute resolution. Mr. Wolff asked if we are successful, what specifics are we asking of Fellsmere. The City Attorney said if the courts say there is a consistency problem in Fellsmere's comp plan, we are asking them to go in and fix their comp plan and add the things the agreements say need to be there now, so we all know they are there and there with the binding effect of law. He also cited transportation concerns, stating you are not going to put that many people out there no matter how long it takes without some major transportation corridors, and it will take years to plan for them. Z1 Special City Council Meeting July 18, 2007 Page Eight 3 Mayor Coy said she reached out and re-reached and got nothing back and if this brings us to the table where we can finally sit down and talk, then we win and maybe we don't need to go to resolution of the suit. She said this is being done to us and not with us. Mr. Neglia asked if we challenge tonight, while in litigation, can we negotiate with them if they want to. The City Attomey said you can expect bad feelings and difficulties in negotiating, and even if there are hard feelings, we can negotiate and eventually we will both have to negotiate. MOTION by Ms. Simchick and SECOND by Mr. Paternoster to proceed with litigation and request an injunction. ,,ll~, Roll .call-vote result was as follows: Ayes: Neglia, Patemoster, Simchick, Wolff, Nays: None Passed .,III The City Attomey said he will proceed in decisions he will come to Council nd for be his responsibility but he will ke~~~r s with the ~Gidelines, for substantive decisions on litigation under bar rules will Being no further Meeting at 8:50 p.m. 22 L'lY OF ,.. , , _.---- __ u°6~t~' ~ t?~ P'.~tt~API 1~€At`JQ city o~ ~~~astian, r'toriaa Subject: Resolution No. R-07-28 Adoptin ?~_i ,Agenda No. ~ y] , b ~ 1~ _ Amended Fiscal Year 2006-07 Budget. Approv o ittal by: City Manager :Department Origin: Finance Finance Directo ~Y~s Date Submitted: July 18, 2007 For Agenda of: July 25, 2007 I Exhibits: • Resolution No. R-07-28 • 3rd Quarter Budget Review Memorandum • Capital Project Status Reports as of June 30, 2007 • Quarterly Investment Report as of June 30, 2007 • 3rd Quarter Accomplishments • Fiscal Year-To-Date OAerating Statement REQUIRE ~ I AN/NAIOUNT BUDGETED: I N AROPRIATION REQUIRED SUMMARY Pursuant to financial policy adopted in previous fiscal years, budget reviews and adjustments would be presented to the City Council on a quarterly basis. In addition, project status reports, investment reports, quarterly accomplishments, and operating statements are also included for your review. Following adoption of the City of Sebastian's 2"a quarter amended budget on May 9, 2007, there were several program changes that occurred over the three months ended June 30, 2007 that require an amendment to the budgets of the various funds of the City. As such we are recommending a net increase of $26,770 to the General Fund resulting from the sales of surplus assets. The amount is appropriated to fund the repair of stormwater heavy equipment. In addition to the net increase of the General Fund, there are four line item transfers in the General Fund which do not increase or decrease the total General Fund budget that are included in this amendment package. The line item transfers include the following: • A transfer of $37,420 in salary funding from police road patrol division to police special operations division due to the transfer of a police officer position. • A transfer of $30,596 from General Fund contingency to fund the Florida Eastcoast Railroad Schumann Drive crossing rehabilitation. • A transfer of 4,500 from General Fund contingency to fund the drainage remediation for Bostino property. • A transfer of $5,595 from General Fund Contingency to fund the costs associated with the Coastal Florida Police Benevolent Association arbitration. ~3 In addition, there are increases in other fund types due to grant, project close out, and fund balance carried forward for capital projects. In keeping with the ability of the City to react to these type of changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending the changes identified in Resolution 07-28, Exhibit "A", which are more particularly defined and explained in the enclosed memorandum for the 3rd Quarter Budget review. RECOMMENDED ACTION Move to approve R-07-28. Zy RESOLI1TIt:~N ti O. R-+)7-28 A RESOLUTION OF THE CITY DF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING Ati ~i1'I~NDED BUDGET f~'C)R THE FISCAL YEAR BEGIi~TNI\(~ t~C t't~IiER 1, 2006 ~iND _~'NDING SEPTEMBER 30, 2007 AS a°~:~~~i:DFD :FOR IN Ekl i-:3~,"C "A"; PROVIDING FOR CONFLICri"~~; Ai'~D PROVIDING :FOR AN EFFECTIVE DATE. WHEREAS, on September 20, 2006, the City of Sebastian adopted Resolution No. R-06-22 providing for the adoption of ~11e City's 2006-07 budget; and WHEREAS, on May 9, 2007, the City of Sebastian adopted Resolution No. R- 07-15prnviding for the adoption of the City's 2006-07 amended budget; ar~d WHEREAS, an analysis of the revenues and expenditures for the nine (9) months ended June 30, 2007 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2006 and ending September 30, 2007 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall be given effect as of June 30, 2007. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: Mayor Andrea B. Coy Vice-Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff and, upon z5 The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of July, 2007. CITY OF SEBASTIAN, FLORIDA By: Andrea B. Coy, Mayor ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney 2G EXHIBIT "A" AMENDED FY 2007 AMENDED BUDGET BEFORE 3RD QUARTER BUDGET AFTER FUND TITLE ADJUSTMENTS ADJUSTMENTS ADJUSTMENTS GENERAL Revenues $ 12,411,011 $ 26,770 $ 12,437,781 Expenditures $ 12,411,011 $ 26,770 $ 12,437,781 LOCAL OPTION GAS TAX Revenues $ 765,000 $ - $ 765,000 Expenditures $ 765,000 $ - $ 765,000 DISCRETIONARY SALES TAX Revenues $ 3,240,300 $ 436,122 $ .3,676,422 Expenditures $ 3,240,300 $ 436,122 $ 3,676,422 RECREATION IMPACT FEE Revenues $ 405,000 $ - $ 405,000 Expenditures $ 405,000 $ - $ 405,000 STORMWATER UTILITY FEE Revenues $ 1,298,676 $ 17,187 $ 1,315,863 Expenditures $ 1,298,676 $ 17,187 $ 1,315,863 LAW ENFORCEMENT FORFEITURE Revenues $ 11,500 $ 11,000 $ 22,500 Expenditures $ 11;500 $ 11,000 $ 22,500 G.R.E.A.T. PROGRAM Revenues $ 14,155 $ - $ 14,155 Expenditures $ 14,155 $ - $ 14,155 DST DEBT SERVICE FUND Revenues $ 1,035,182 $ - $ 1,035,182 Expenditures $ 1,035,182 $ - $ 1,035,182 STORMWATER DEBT SERVICE FUND Revenues $ 438,148 $ - $ 438,148 Expenditures $ 438,148 $ - $ 438,148 CAPITAL PROJECTS FUND Revenues $ 3,914,604 $ 520,126 $ 4,434,730 Expenditures $ 3,914,604 $ .520,126 $ 4,434,730 GOLF COURSE Revenues $ 1,635,642 $ - $ 1,635,642 Expenses $ 1,635,642 $ - $ 1,635,642 AIRPORT Revenues $ 406,235 $ 3,125 $ 409,360 Expenses $ 406,235 $ 3,125 $ 409,360 BUILDING Revenues $ 1,103,072 $ - $ 1,103,072 Expenses $ 1,103,072 $ - $ 1,103,072 TOTAL BUDGET $ 26,678,525 $ 1,014,330 $ 27,692,855 z~ ti~ ~,r -- `~ . - ~ ~ `~.~ "-J~ TO: MAYOR AND CITY COUNCIL THROUGH: AL MINNER, CITY MANAGER FROM: SHIA FRANCIS, FINANCE DIRECTOR DATE:. July 18, 2007 SUBJECT: 3rd QUARTER BUDGET REVIEW -FISCAL YEAR 2007 As of June. 30, 2007, the status of budgets for the major operating funds were as follows: OF BUDGET ADOPTED RECEIVED/ REMAINING RECEIVED/ BUDGET EXPENDED BUDGET EXPENDED GENERAL Revenues $12,411,011 $ 9,047,889 $ 3,636,122 72.9% Expenditures $12,411,011 $ 8,636,241 $ 3,774,770 69.6% GOLF. COURSE Revenues $ 1,635,642 $ 1,460,712 $ 174,930 89.3% Expenses $ 1,635,642 $ 1,062,145 $ 573,497 64.9% AIRPORT Revenues $ 406,235 $ 303,119 $ 103,116 74.6% Expenses $ 406,235 $ 362,158 $ 44,077 89.1% BUILDING Revenues $ 1,103,072 $ 354,030 $ 749,042 32.1% Expenses $ 1,103,072 $ 614,999 $ 488,073 55.75% Highlights of the third quarter status analysis include: Overall revenues supporting the General Fund are being received as planned. During the nine months ended June 30, 2007 72.9%of the budgeted revenues were received while 69.6% of the budget expenditures were spent. The third quarter budget review includes recommendations to increase the total adopted budget for the General Fund by $26,770, which represents the proceeds generated from the County-wide surplus equipment auction. There are also several line item budget adjustments listed below which do not increase or decrease the total General Fund budget that are included in this amendment package. • A transfer of $37,420 in salary funding from police road patrol division to police special operations division due to the transfer of a police officer position. ^ 2 • A transfer of $30,596 from General Fund contingency to fund the Florida East coast Railroad Schumann Drive crossing rehabilitation. • A transfer of $4,500 from General Fund contingency to fund the drainage remediation for Bostino property. • A transfer of $5,595 from General Fund Contingency to fund the costs associated with the Coastal Florida Police Benevolent Association arbitration. 2. Special Revenue Funds All Special Revenue funds are receiving revenue as planned and recording expenditures as programmed. The 3rd quarter budget adjustment includes a $436,122 increase in Discretionary Sales Tax Fund, $11,000 increase in Law Enforcement Forfeiture Fund, and $17,187 increase in stormwater Utility Fee Fund. The increase is due to the following changes: • A transfer of $44,000 from Discretionary Sales Tax Fund to E-911 project per Council approval on June 13, 2007. • Close out park maintenance building project and transfer remaining unused funding ($102,150) back to Discretionary Sales Tax Fund. The money is set aside as reserve. • Close out Public Works Compound Phase 1 project and transfer remaining funding ($289,972) to Stonecrop Stormwater Rehabilitation project per Council approval on June 27, 2007. • Increase $11,000 in appropriation from prior year fund balance for Law Enforcement Forfeiture Fund and appropriate the amount to 2007 GREAT program. This was approved by the Council on May 23, 2007. • Transfer additional money from Stormwater Utility Fee Fund ($17,187) to Stormwater Baffle Box project per Council approval on June 27, 2007. 3. Capital Projects Funds The third quarter budget review includes recommendations to increase the total adopted budget for the Capital Projects Funds by $520,126. The increase is resulting from the following changes: • To establish project for Airport Layout Plan Update in the amount of $125,000. The project is funded 95% by FAA, 2.5% by FDOT, and 2.5% by airport administration. • $44,000 increase in transfer from Discretionary Sales Tax Revenue Fund for additional costs associated with the E-911 system: • To establish project for BrushNegetation Removal project in the amount of $43,967. The project is funded 100% by FDOT. • $289,972 increase in transfer from Discretionary Sales Tax Revenue Fund to establish Stonecrop Stormwater Rehabilitation prof ect. • $17,187 increase in transfer from Stormwater Utility Revenue Fund for additional costs associated with the Baffle Box project. 4. Golf Course The Golf Course is receiving revenue as planned and recording expenses as programmed. Staff will continue to monitor revenues stream. 5. Airport Fund During the nine months ended June 30, 2007, 74.6% of the budgeted revenues were received while 89.1% of the budgeted expenses were spent. The low revenue percentage is mainly due to the delay in fuel facility operation as well as the uncertainty on the Airport Administration Building space lease. The third quarter budget adjustment includes a $3,125 increase in revenue to recognize the proceeds received from 3~ surplus equipment sales. The amo~int is a}~prol;~-i.red to fund the matching grant requirement (2.5%) for Airport Layout Plan Update project. 6. Building Fund During the nine months ended Jung: ~~J, ?007, 3~.1% of the budgeted revenues were received while 55.75% of the budget expenditures ~-v ere ~~°:nt. '~':-,_~ 'ow r;;venue percentage is mainly caused by the slow down on building activities, which is aftt_cted :P-eatl-y by local and national housing market and economy. In order to cut back losses, an early retiremcrt ~;~_~:yout program has been communicated with affected Building Department employees. Tii addCion, one ~:~ailding inspector has been laid off in this quarter. The financial benefits for the trim back Lvill be realized in FY 2007-2008 and years forward. Staff will continue to monitor revenues stream and is prepared to adjust the operation whenever necessary. There is no recommended budget adjustment for ,.Leis quarter. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $9,047,889 or 72.9% of the $12,411,011 budget was received during the nine months of the year. TAXES: Real and Personal Property Tax Collections were 96% of budget as compared to 101% last year for the same period. This is due to a higher default rate experience this year on property tax collection. The Franchise Fees and Utility Service Taxes are being received as expected, although most of the fees/taxes are below the 70% collection estimate for the nine months of the year. This is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. LICENSES AND PERMITS: Occupational and Professional Licenses are being received at a lower pace than last year, at 94% of budgeted revenues as compared to 104.7% last year for the same period. Other permit fees are received at 41% of anticipated revenues. INTERGOVERNMENTAL REVENUE: During the nine months of 2006-2007, the City has received 60% of the projected revenue. This is due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipts received in October by the City is generally associated with revenue received in August by the State and therefore, in accordance with generally accepted accounting principles would be recorded in the prior year. As such, the revenue (not cash) received in October 2007 would be recorded in September 2007, thus evening out the revenue stream. Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. Also, some revenue is not received until later in the fiscal year such as, alcohol beverage licenses. When these revenues are received, the projected amounts will be realized. GENERAL GOVERNMENT CHARGES FOR SERVICES: During the nine months the City has received 63% of the budgeted revenues in this group. Staff is monitoring the charges for services revenues closely, especially in the tennis court and skate facility areas. At the end of the third quarter 2007, tennis facility has generated approximately 61.7% of its budgeted revenues while the skate facility has generated 78.4% of its budgeted revenues. There are no recommended changes at this time. FINES AND FORFEITURES: During the nine months, 78.7% of revenue had been collected or received as compared to 63.7% in the prior year. Staff will continue to monitor this revenue source. There are no recommended changes at this time. 3 ~~ MISCELLANEOUS REVENUES: During the nine months the City has received 106% of miscellaneous revenues. The high percentage is mainly contributed to interest earnings. Included in this budget amendment package, staff recommends an increase of $26,77D in miscellaneous revenues, which represents the proceeds generated from the County-wide surplus equipment auction. The amount is appropriated to fund the repair costs for stormwater heavy equipment. OTHER REVENUE SOURCES: Other revenue sources mainly consist of operating and capital transfers and appropriation from the prior year fund balance. There are no recommended changes at this time. The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: epartment: General Fund AllOPTED 20116-20117 ~ QUDGET - RECULYI]~IE~rDED~~ `~CIIa1~GES __ RI~VISED 2006-2007 BUDCET~ Taxes $ 7,681,502 $ - $ 7,681,502 Licenses and Permits 231,200 - 231,200 Intergovernmental 2,394,919 - 2,394,919 Charges for Services 441,342 - 441,342 Fines and Forfeits 55,900 - 55,900 Miscellaneous Revenues 407,682 26,770 434,452 Interfund Transfers 736,192 - 736,192 Non-Revenue Sources 462,274 - 462,274 1'otxl $~-12,411,1111 ~ ' 26,770 $ 12,37,781 NET RECOMMENDED CHANGE TO THE GENERAL FUND REVENUES IS $26,770. ANALYSIS OF GENERAL FUND EXPENDITURES Most departmental percentages spent without the encumbrances were at or below the 75% level anticipated for the nine months ended June 30, 2007. EXPENDITURES: llclrrrtmcnt: Police ldminstration Division ADOPTED 2006-2007 13UDGCT RI+~CO_~l'~IEi~DED Cf1AivGES REVISED 2006-2007 BUDGET PERSONAL SERVICES $ 191,914 $ - $ 191,914 OPERATING EXPENDITURES 54,787 5,595 60,382 CAPITAL OUTLAY 20,000 - 20,000 Total ~ 266,70 S x,595 ~ 272,296 Operating Expenditures -Increase of $5,595 represents a transfer from general fund contingency to fund the arbitration cost from Coastal Florida Police Benevolent Association. 3Z 4 -~-- - Ucpartment.Police Special,Opei:-ti~~.t° .,, _ ~1llOPTED 2006-2007 BUDGET ~ RECO~~IlIE_VUFD, CH~:~CrF.~ Rh,~~'~, Ell 20116~Q07 i3LiD~ET°~ _ _ _ ___ PERSONAL SERVICi~~ - _ - - - _ $ 310,100 $ 37,120 $ 347,520 _ . OPERATING EXPENDI f i ~~_~::~- - -- 43,705 -~ - 43,705 CAPITAL OUTLAY .___ ____ ----~ - 41,216 _ - . 41,216 _ - OTHER _ . ~~ 0 Total ~ S 39S,U~1- $ 37,420 ~ -t32,~t41 Personal Services - An increase of ~3 ;',-~u0 to reflect a transfer of one police officer from Road Patrol Division to Special Operations Division. llelrlrtmcnt: Police Patrol Ui~ ision', ADOPTEll 2006-20(17. T3t~DGET RECO.l1~IFNllEU CLI~~.NGE'S ;REVISEU 2006-200T BUDGET PERSONAL SERVICES $ 1,738,905 $ (37,420) $ 1,701,485 OPERATING EXPENDITURES 166,801 - 166,801 CAPITAL OUTLAY 216,980 - 216,980 Total $ 2,122,686 5 (37,-120) ti Z,OHS,26f Personal Services - A decrease of $37,420 to reflect a transfer of one police officer from Road Patrol Division to Special Operations Division. Department: h:nginccrin~; -~llOPTi~~ll 2006.-2007 13UllGET RECOil1 ~llNDN1D C'H:~NGEti REVISED 20116-2007 BI7DGET PERSONAL SERVICES $ 498,074 $ 5,755 $ 503,829 OPERATING EXPENDITURES 52,597 (5,755) 46,842 CAPITAL OUTLAY - - - '1'utal $ ~~(1,671 S - `~ ~~0,671 Personal Services - An increase of $5,755 to reflect a line item transfer from operating expenditures category to personal services to fund the additional costs associated with the intern program. Operating Expenditures - A decrease of $5,755 to reflect a line item transfer from operating expenditures category to personal services to fund the additional costs associated with the intern program. 33 aDnPTED REVI~~En I)epartment:_Public ~Vorls ~ 2006-20Q7 RECOI~~I~I1I~NDEll 2006- X07 Storm~i~atcr LTtilittir Division BUDGET C1=[:=~NGI:S BLTD~ET PERSONAL SERVICES $ 582,566 $ - $ 582,566 OPERATING EXPENDITURES 684,158 4,500 688,658 CAPITAL OUTLAY 161,980 26,770 188,750 Total ~ $ 1,428,704 S 31,270 `5 - 1,49974 Operating Expenditures - An increase of $4,500 results from a transfer of $4,500 from General Fund contingency to fund the Bostino drainage remediation. Capital Outlay -Increase of $26,770 reflects the costs associated with the repair of stormwater heavy equipment. The funding is from surplus equipment auction proceeds. Deparfinent. ''Public ~~'orls ~ Roa'rls~i Maintenance Di~~ision ADOP`TI~ll~ -~ '' 2006-2007 :BUDGET ' ~ ~ RECn1~~1111ENDED CH.aNGE~ IZE~'[SEll ?006 2~007~ ~~ .~ Blll)G T' PERSONAL SERVICES $ 676,942 $ - $ 676,942 OPERATING EXPENDITURES 118,589 30,596 149,185 CAPITAL OUTLAY 60,850 - 60,850 _ Total. - ' $ 86;331 ~ ' $ 30,~9G -- S `' 886,977 Operating Expenditures - An increase of $30,596 results from a transfer of $30,596 from General Fund contingency to fund the Florida Eastcoast Railroad Schumann Drive crossing rehabilitation. Department:il~ora-depa-•tment~rl ADOP'PED 2006-2007`. BUDGI~T" RECnl~1~1~IENDEll C'I[~~NGES ItEti'1SEll 2006-20117 l3UllCET OPERATING EXPENDITURES $ 950,152 $ - $ 950,152 INTERFUND TRANSFERS 80,000 - 80,000 CONTINGENCY 78,512 (40,691) 37,821 Total y 1,1118,664 `~ (40,69;1) S 1,Ob7,973 Contingency - A decrease of $40,691 results from the following reasons: • Transfer $30,596 to Roads & Maintenance Division to fund the Florida Eastcoast Railroad Schumann Drive crossing rehabilitation. • Transfer $4,500 to Stormwater Division to fund the Bostino drainage remediation. • Transfer $5,595 to Police Administration to fund the arbitration cost. 34 6 Following is a summary of the General Fund Deparhnents and Divi ic~n3 =~xplain:~d above: A4IF.tii~FD IZECOitiIMENDED REVISED GENERAL FUND DEP:~It'C1tEY'i'/DIVISION BLDC)'iT CHANGES BUDGET General Fund Operating f;xi;enlitnres and Capital Outl~.~~~ by Dzpartment/Division: Legislative City Manag;:r City Clerk Legal Finance M.LS. Divisiol Human Resources Police Department: Administrative Division Special Operations School Resource Unit Patrol Division Community Policing Unit Code Enforcement Professional Standards Detective Division Support Services Division Communications Division Engineering Public Works: Roads & Maintenance Stormwater Utility Parks & Recreation Building Maintenance Central Garage Cemetery Growth Management Non-departmental Total Operating Expenditures and Capital Outlay by Department/Division: ,~._, S - $ 60,563 '?C,'~~7 - 230,467 t ::~~;~ S~ - 340,565 21.23-1 - 213,234 358,552 - 358,552 2.35,{)69 - 235,069 228,567 - 228,567 266,701 5,595 272,296 395,021 37,420 432,441 149,964 - 149,964 2,122,686 (37,420) 2,085,266 166,460 - 166,460 176,759 - 176,759 124,474 - 124,474 575,868 - 575,868 313,865 - 313,865 475,673 - 475,673 550,671 - 550,671 856,381 30,596 886,977 1,428,704 31,270 1,459,974 1,059,202 - 1,059,202 184,325 - 184,325 235,788 - 235,788 166,824 - 166,824 385,964 - 385,964 1,108,664 (40,691) 1,067,973 $ 12,411,011 $ 26,770 $ 12,437,781 NET RECOMMENDED CHANGE TO THE GENERAL FUND EXPENDITURES IS $26,770. 7 ANALYSIS OF DISCRETIONARY SALES TAX REVENUE FUND Revenues: ~~DOPT>JD ~ Rh~VIS~D 'Specia112e~~enueFund - 2(106-2007 12ECO~~I~VIF,NDFD 2006-20,07- Discrctionat-~~ Sales Txl 13LTUGLT ~ CIiANCI± S' BUDGET Discretionary Sales Tax $ 3,127,000 $ - $ 3,127,000 Other Revenue 113,300 436,122 549,422 Total ~~ 3,240,300 $ 436,122 ~ 3,676;22 Other Revenue -Increase of $436,122 results from the following reasons: • Increase appropriation from prior year fund balance by $44,000 to fund the additional costs needed for E-911 project per Council approval on June 13, 2007. • Close out park maintenance building project and transfer remaining unused funding ($102,150) back to Discretionary Sales Tax Fund. The money is set aside as reserve. • Close out Public Works Compound Phase 1 project and transfer remaining funding ($289,972) back to Discretionary Sales Tax Revenue Fund. Expenditures: ._ Spccialllcveitue Fund - Diticretion~--v'Salcs Tas ADOPTEI~~ 2006=2007 BUDGET .' IZECO~ti~11~IENDED CLI~'~(~S RE~'ISFD, _, ~ ~~.2006-2(107' I3LDGE9-' CAPITAL OUTLAY $ - $ - $ - INTERFUND TRANSFERS 3,240,300 333,972 3,574,272 UNAPPROPRIATED - 102,150 102,150 Total S 3,20,300 S ~ 436,122 S 3,676,422 Operating Expenditures -Increase of $333,972 results from the following reasons: • A transfer of $44,000 from Discretionary Sales Tax Fund to E-911 project per Council approval on June 13, 2007. • Transfer the remaining funding from Public Works Compound Phase 1 project ($289,972) to Stonecrop Stormwater Rehabilitation project per Council approval on June 27, 2007. Unappropriated -Increase of $102,150 to reflect the remaining funding for park maintenance building project. The project has been closed out and remaining funding goes back to Discretionary Sales Tax Revenue Fund. 310 8 ANALYSIS OF STO:1~:'~ y'~~~TER REVENUE FUND Revenues: Special Revenue I~,und - ~t~~?6-?007 ; RECOi~I1~IENDELr 006-..007 ? ~ 'Storm~~ .-tcr Utility i3 ti l-(~ 1~;T CIIANGF,S 13i1D(lE'l' Stormw ater Utility Fee S ` ~ 0,000 $ __ - $ 820,000 Other Revenue ~-1; :x,676 1'1,187 495,863 Total - 5 1,~?98,t~76 $ ' 17,1_'i7 `5 1,31,863 Other revenue -Increase of $17,187 represents an increase in appropriation from prior year fund balance for the additional costs associated with the Baffle Box project. Expenditures: SpecialRc~~cnuc: Fund - Sh-rin~~~atcr Utility- Fee ttDOPTF,D'' 2006-2007 BUD(L'f REC01~I~~Il~~NDED CHANCCS Ri~VISEll 2006 2007... I3LiDGET OPERATING EXPENDITURES $ 3,500 $ - $ 3,500 INTERFUND TRANSFERS 1,295,176 .17,187 1,312,363 UNAPPROPRIATED - - - 'T'otal ~ 1,298,67(1 S l 7,187 S 1.,31 x,863 Interfund Transfers -Increase of $17,187 represents the additional money needed for the Baffle Box project. ANALYSIS OF LAW ENFORCEMENT FORFEITURE FUND Revenues: ~heci:~l Revenue Fu»d - Law Enforcen-ent For-feiturc ~1DOPTL;D 2006-21107 BUDGET IZECO1ti~1aILNllED CII~~NUES REVISCD 2006-2007 I3UDUE~I' Forfeitures $ 8,000. $ - $ 8,000 Other Revenue 3,500 11,000 14,500 "Cotal ~ ll,~00 ~ 1.1,1)00 $ 22,00 Operating Expenditures -Increase of $11,000 represents an increase in appropriation from prior year fund balance to fund the 2007 GREAT program. This was approved by the Council on May 23, 2007. 9 3~ Expenditures: SpecialRcvenue Fund- L_aw Enforcement Forfeiture AllOYTEIl ~_ 20(16-2007 :` 13LDGIJT " ~ 12ECO~VI1IENllED ~ CHANGES ~ 1tEVlS~D, 2006-2 07 ~° BUDGET OPERATING EXPENDITURES $ 11,500 $ 11,000 $ 22,500 CAPITAL OUTLAY - - UNAPPROPRIATED - - Total ~$ I1,~UU; $~,'~ 11,000 $ 22,500 Operating Expenditures -Increase of $11,000 represents funding needed for FY 2007 G.R.E.A.T. program. ANALYSIS OF AIRPORT FUND Revenues: ``'Airport Fund.: AnOP,~I'ED~~ 2006-2007 ~ BUDGET .? RECOMMENDED CII~NCrS ' ~~tiVIS1~D 2006-2007 's~BLrtDGET' Charge for Services $ 38,500 $ - $ 38,500 Rents & Royalties 278,054 - 278,054 Other Miscellaneous Revenue 89,681 3,125 92,806 Non-Operating Revenue - - - x. Total ~ S X06,235 ,~~5_ •3,125.. ~ S ~ X109,360 Other Miscellaneous Revenue -Increase of $3,125 represents the proceeds received from surplus equipment sales. The amount is appropriated to fund the grant matching requirement for the Airport layout plan update. Expenses: Airport:. Administrati~ e ADOPTED - 2006-2007 I3UD(~ET ~ R~CO~~II'IENDED ~ ~ C'IIANGES ~ REVISED 2006'-2007 BUDGET PERSONAL SERVICES $ 228,839 $ - $ 228,839 OPERATING EXPENSES 139,896 - 139,896 CAPITAL OUTLAY - - - INTRAFUND TRANSFERS 37,500 3,125 40,625 CONTINGENCY - - - Total. ~ -106,23 S 3,12; .`~ -lUy3(0 Interfund Transfers -Increase of $3,125 represents the grant matching requirement for the Airport layout plan update. The money is transferred to the Airport Project Fund. 38 10 CTIY OF I ~ * i ~~ l 4 '~ ~ HO1~1E OF PELICAN ISLAND QUARTERLY CAPITAL PROJECT STATUS REPORT FOR THE QUARTER ENDED JUNE 30, 2007 Prepared by Finance Department 3q CAPITAL PROJECT STATUS REPORT FOR QUARTER ENDED JUNE 30, 2007 GENERAL CAPITAL PROJECTS FUND 310 Yeazs Balance Project To-Date to Number Descrption Budeet Expenditures Encumbrances Comnlete Comulete 06101 Public Works Compound Expansion (DST) (to be closed) 300,000.00 10,028.00 - 289,972.00 3.34% 00711 E-911 System (DST) 85,000.00 4,982.28 119,315.80 (39,298.08) 5.86% 385,000.00 15>010.28 119,315.80 250,673.92 3.90% CAPTTAL IMPROVEMENT PROJECTS FUND 320 Years Balance Project To-Date to Number Descrption Budget Expenditures Encumbrances Complete Comulete 02206 Pazks Maintenance Building (DST) 102,150.00 - - 102,150.00 0.00% Riverview Pazk Improvements Phase III (FRDAP Grant, DST, 02217 contribution) 479,823.00 479,822.47 - 0.53 100.00% 03203 Filbert Street Pazk (Zone C) 69,750.00 60,768.59 - 8,981.41 87.12% 03206 Yacht Club Renovations (DST) 60,000.00 60,000.00 - - 100.00% 03207 Community Center Renovations (DST) 90,000.00 66,215.85 - 23,784.15 73.57% 04202 Bryant Court Pazk (Zone C) CLOSED 42,000.00 42,000.00 - - 100.00% 04203 Easy Street Pazk (Zone B) 40,000.00 36,353.09 - 3,646.91 90.88% 04204 Riverview Pazk Phase N Band Shell (DST) 94,033.00 6,643.45 - 87,389.55 7.07% 04205 Riverview Pazk Electrical & Lighting (All Zones) 91,500.00 35,866.17 - 55,633.83 39.20% 05201 Stonecrop Street Pazk (Zone D) 60,000.00 - - 60,000.00 0.00% Community Center Improvements -Recreation Program Improv. (All 05203 Zones) 41,000.00 1,304.89 4,050.00 35,645.11 3.18% 05204 Blossom Pazk Development (Zone A) 49,000.00 48,378.05 - 621.95 98.73% Generator mom construction and relocation of generator from PD to PW CS205 compound (DST) 35,000.00 836.71 - 34,163.29 2.39% 06205 Friendship Pazk -Special Needs Playground (All Zones) 70,000.00 61,590.77 4,430.97 3,978.26 87.99% 06206 Barber Street Sports Complex -Special Needs Access (All Zones) 25,000.00 - - 25,000.00 0.00% 00721 Hardee Pazk Improvement (Zone A) 50,000.00 - - 50,000.00 0.00% 00722 Schumann Pazk RacquetbalUBasketball Courts (Grant) 80,000.00 1,800.00 - 78,200.00 2.25% 00723 Community Center Phase I -Design & Planning (DST) 931,156.00 - - 931,156.00 0.00% 00724 Dog Park (All Zones) 20,000.00 - - 20,000.00 0.00% 2,430,412.00 901,580.04 8,480.97 1,520,350.99 37.10% TRANSPORTATION CAPITAL PROJECTS FUND 330 Project Number Description 09301 Bazber St Bridge Improv - Periwuikle DST$50,000 GF$6,000) (253,660 from IRC Interlocal Agreement) 02302 Louisiana Improvements (Partially Closed) 02303 Barber St Sidewalk (CRS 12 to Hardee Pazk) (DST) 04303 Pedestrian Bridges (DST) 05301 2005 Road Paving Program (LOGY) 05302 Easy Street Renovations (DST) 06301 Laconia Street Extension (LOGY) 06302 Fleming Street Extension (LOGY) 06303 2006 Road Paving Program (LOGY) 06304 2006 Sidewalk program 06305 Blossom Ditch Diversion($198254 LOGY $130560 DST) 00731 2007 Sidewalk/Bikepath (LOGY) 00732 2007 Road Paving Program (LOGY) 00733 Barber Street Realignment (DST) 00735 Powerline Road 2007 Capital Project Budget Reports by Fund Yeazs Balance To-Date to Budeet Expenditures Encumbrances Complete Complete 309,660.00 32,850.01 - 276,809.99 10.61% 1,134,465.00 1>126>975.41 7,071.00 418.59 99.34% 71,500.00 51,580.15 18>838.70 1,081.15 72.14% 150,000.00 - 2,000.00 148,000.00 0.00% 150,000.00 150,000.00 - - 100.00% 200,000.00 - 13,800.00 186,200.00 0.00% 75,000.00 - - 75,000.00 0.00% 75,000.00 - - 75,000.00 0.00°/a 150,000.00 138,243.39 364.02 11,392.59 92.16% 500,000.00 239,933.25 251,672.50 8,394.25 47.99% 328,814.00 - - 328,814.00 0.00% 150,000.00 15,840.84 60,079.16 74,080.00- 10.56% 112,571.00 287.04 - 112,283.96 0.25% 400>000.00 - - 400,000.00 0.00% 15,000.00 - - 15,000.00 0.00% 3,822,010.00 1,755,710.09 353,825.38 1,712,474.53 45.94% 1 CAPITAL PROJECT STATUS REPORT FOR QUARTER ENDED JUNE 30, 2007 STORMWATER IMPROVEMENT FUND FiJND 363 .Project Number Description 04602 Main Street Twin Ditch Improvements 04603 Periwinkle Drive Improvements 04604 Middle Stonecrop Improvements 04606 Collier Creek Improvements 04607 Stormwater Utility Revenue Bond 05601 IRD / Davis Street Nutrient Sepazating BafIle Box 00761 1/4 Round Swale Rehab ($363,443 DST, $436,557 Stornrwater Utility) 00762 Blossom Ditch Phase II PUBLIC FACILITIES IMPROVMENTS FUND FUND 390 Project Number Description 03953 School Building Renovation AIRPORT PROJECTS FUND 455 .Project Number Description 03502 Construct Access Road 03503 Airport Administration Bldg 03505 Install Security Upgrades 05501 Install Fuel Tanks & Wash Rack 05502 Airport Maintenance Building 05503 Airport Business Plan 05504 AirSeld Lighting and Signage 05505 T-Hangar Construction 00752 BrushNegetation Removal Yeazs Balance To-Date to Budeet E~x enditures Encumbrances Complete Complete 1,118,001.00 866,145.20 199,031.05 52,824.75 77.47% 563,000.00 66,702.40 8,400.00 487,897.60 11.85% 382,301.00 142,862.39 52,016.61 187,422.00 37.37% 3,513,000.00 465,626.14 42,256.93 3,005,116.93 13.25% 301,305.00 - - 301,305.00 0.00% 135,580.00 8,520.96 9,300.00 117,759.04 6.28% 800,000.00 368,853.78 431,146.22 - 46:11% 12>000.00 3,448.25 7,551.75 1>000.00 28.74% 6,825,187:00 1,922,159.12 749,702.56 4,153,325.32 28.16% Yeazs Balance To-Date to Bud et Expenditures Encumbrances Complete Complete 911,978.00 728,259.20 198,650.20 (14,931.40) 79.85% 911,978.00 728,259.20 198,650.20 (14,931.40) 79.85%_ Years Balance To-Date to Budeet Expenditures Encumbrances Complete Complete 750,000.00 68,667.03 26,070.97 655,262.00 9.16% 2,082,359.80 2,078,489.23 864.00 3,006.57 99.81% 587,500.00 549,987.26 17,935.00 19,577.74 93.61% 325>000.00 255,408.03 60,731.22 8,860.75 78.59% 463,000.00 152,987.46 20,657.91 289,354.63 33.04% 50,000.00 50>000.00 - - 100.00% 300,000.00 54,165.06 16,420.38 229,414.56 18.06% 625,000.00 - - 625,000.00 0.00% - 43,967.00 (43,967.00) N/A 5,182,859.80 3,209,704.07 186,646.48 1,786,509.25 61.93% 2007 Capital Project Budget Reports by Fund 2 U~ u~ CITY OF .. ~ ~~ ~ t~ -, HOME OF PELICAN ISLAND QUARTERLY IMVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2007 Prepared by Finance Department ~3 As of June 30, 2007, the total investment of the City was $23,622,854.82. The investment consists of the following: ~~ Investment Type State Board of Administration (SBA) Certificate of Deposits (CDs) US Government Agency Bonds Guaranteed Investment Contract (Stormwater Revenue Bonds, Series 2003) Total Investments Amount $12,945,321.18 1,500,000.00 4,996,484.38 4,181,049.26 23,622.854.82 The detail of each investment is presented on the following pages. This quarterly investment report and the City's investment policy are available on the City's official website www.cityofsebastian.org. C'I"1'Y OF SEBASTIAN S+t:F1~DULE OF INVESTMENTS 6/30/2007 STA'CE I~OARO OF ADMINISTRATION RETURN ON SBA INVESTMENT' 5.39% ~' [ R32ENT INVESTMENT ALLOCATION PERCENT B~\LANCE General Fund 25.33 % 3,109,231.59 Local Option Gas Tax Fund 1.55% 190,331.00 Discretionary Sales Tax Fund 5.64% 692,127.52 Riverfront Redevelopment Fund 4.14% 508,258.93 Recreation Impact Fee Fund 8.51% 1,044,103.96 Stormwater Utility Fund 2.80% 343,636.94 Law Enforcement Forfeiture Fund 0.25% 30,302.19 Discretionary Sales Tax, Series 2003 and 2003A Debt Service Fund 1.69% 207,616.57 Stormwater Series 2003 Debt Service Fund 0.16% 19,565.68 Capital Projects Fund 2.27% 278,417.47 Capital Improvements Fund 8.86% 1,087,294.22 Transportation Fund 13.39% 1,643,288.73 Public Facility Fund 0.49% 60,462.66 Stormwater Projects Fund 2.31% 284,170.90 Golf Course Fund 8.42% 1,033,321.42 Airport Fund 2.24% 274,940.21 Building Department Fund 6.66% 817,627.95 Cemetery Trust Fund 5.30% 651,046.54 Sub-Total 100% 12,275,744.48 Stormwater Utility Bond Reserve 100% 598,142.18 Stormwater Utility GIC Interest Reserve 100% 71,434.52 TOTAL INVESTMENTS HELD WITH THE STATE BOARD OF ADMINISTRATION 12,945,321.18 2nd Quarter Schedule of Investments r 7/ 16/2007 /`_TJ CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS June 30, 2007 GUARANTEED INVESTMENT CON' ROYAL BANK OF CANADA PURCHASE INITIAL ISSUE DATE DEPOSIT Stormwater Utility Revenue Bonds, Series 2003 12/15/06 $ 4,946,840.77 TOTAL $ 4,946,840.77 TRACT BALANCE MATURTfY REMAINING RATE DATE $ 4,181,049.26 4.800% 06/15/09 $ 4,181,049.26 CERTIFICATES OF DEPOSIT DATE OF PURCHASE MATURITY INSTITUTION PURCHASE PRICE YIELD DATE Harbor Federal 12/15/06 $ 500,000.00 5.35% 05/15/08 Harbor Federal 12/15/06 1,000,000.00 5.40% 12/15/08 TOTAL $ 1,500,000.00 INVESTMENT ALLOCATION General Fund TOTAL 2nd Quarter Schedule of Investments 7/ 16/2007 CURRENT PERCENT BALANCE 100.00% $ 1,500,000.00 $ 1,500,000.00 CITY OF SEIIASTIAN SCHEDULE OF IlVVESTtI%tE^i"; ; June 30,'1007 GUSTO DiA L .~CCOUN' COUPON/ DATE ~ ;F r'URCHASE MATURITY CUSIP ASSET NAME YIELD PURCHASE, FR1~:E DATE NUMBER 1 Federa] Farm Credit Bank Bonds - CaaaUle 3.000% 05/28.~'J3 ] ,000,000.00 05/28/08 31331QN45 2 Federal National Mortgage Association Notes 4.300% O6/05!05 1,500,000.00 05/05/08 31359MB93 3 Federal Farm Credit Bank Bonds 5.000% 11/28/05 1,000,000.00 11/28/07 31331VHX7 4 Federal National Mortgage Association 4.90% 01/31/06 999,843.75 11/28/07 31359MZK2 5 Federal Home Loan Bank 4.50% 08/21/06 496,640.63 02/11/09 3133XAGQ4 TOTAL $ 4,996,484.38 TOTAL . CUSTODIAL INVESTMENT ALLOCATION INVESTMENTS 001 General Fund 2,263,671.16 120 Local Option Gas Tax Fund 78,090.63 130 Discretionary Sales Tax Fund 483,165.10 140 Riverfront Redevelopment Fund 157,909.72 160 Recreation Impact Fee Fund 267,549.04 163 Stormwater Utility Fund 419,743.58 310 Capital Projects Fund 21,676.73 320 Capital Improvements Fund 452,916.33 330 Transportation Fund 355,021.87 363 Stormwater Projects Fund 25,075.46 410 Golf Course - 450 Airport Fund - 480 Building Department Fund 419,247.37 601 Cemetery Trust Fund 52,417.39 TOTAL $ 4,996,484.38 `L 2nd Quarter Schedule of Investments 7/16/2007 ~ttY t~F ~~~~ ~~~~~l ~, ~,.~..~, HOiN[E o~ PELICMi 151.ANb Memorandum To: Mayor and City Council Thru: Al Minner, City Manager From: Shai Francis, Director of Finance Date: July 18, 2007 Re: 3'~ Quarter Accomplishments and Operating Statement Fiscal Year 2007 Enclosed please find the 3`~ Quarter Accomplishments and Operating Statement for the City of Sebastian as assembled and prepared by the Finance Department for the three months ended June 30, 2007. CLERK Legislative Support Matters • Prepared agenda packets and minutes for 6 Regular City Council meetings; 3 City Council Workshop, 2 Special meetings, and 2 CRA Meeting -attended meetings for a total. of 34.75 hours. • 4 Ordinances Adopted • 17 Resolutions Adopted • Coordinated with recipients for preparation and presentation of 11 proclamations and certificates • Placed 7 Council agendas in the Press Journal • Placed 31ega1 notices in Press Journal • Deputy City Clerk administered one code/charter supplement Records Management Program • Responded to 100 public records requests • 45 boxes of records that reached retention or were scanned & 15 bags of duplicate and OSA records destroyed by Shred-It. - 14 trees saved. • Scanned into Laserfiche 33 sets of minutes, 22 agenda packets, 13 Resolutions, 6 Ordinances, 24 Agreements and 92 Cemetery files - 21 other documents • 167 Building Permit Folders with Plans scanned by the Building Department that were imported, reviewed and verified by RPM • City Clerk and Records Program Manager awarded $500 scholarship from MCC for records related training ~~ Election Matters • Received all termination reports and posted 200 ~ election file on City website • Prepared November 2008 election packet anal po~t•°d it on City web City Board Matters • Filled 11 board vacancies • Deputy City Clerk recorded 3 Environment~.l ~\avisory Committee meetings • Records Program Manager recorded 5 Tree f~ dT.~isory Board meetings • Prepared 2 Champion Tree Certificates • Prepared 3 Certificates of Appreciation for ivhy+;~- presentation Cemetery Matters • 16 Certificates of Interment Rights for 23 locations issued for a total of $ 16,825.00 • Drafted cemetery rate increase resolution and r_~rdinance amending cemetery code relative to rates for first reading in June Community Matters • City Clerk swore in one police officer • City Clerk participated on North County Relay for Life Committee and Event in April • City Clerk and Records Program Manager participated with other City staff in conducting one hour class "Leadership Indian River County" for IRC and Sebastian Chamber of Commerce in Council Chambers in June Personnel/Education Matters • City-Clerk and Deputy City Clerk hosted two FACC 2007 Hospitality Committee meetings in April and May • Records Program Manager attended three day FRMA conference in May • City Clerk and Deputy City Clerk hosted IIMC/FACC one-day seminar at City Hall in May (Deputy attended class) • City Clerk and Deputy City Clerk attended FACC 3 day conference in Palm Beach Gardens in June • City Clerk along with 3 other City Clerks gave class at FACC conference on various City policies and procedure manuals • Deputy City Clerk attending computer enrichment classes • City Clerk appointed Chairman of FACC Resolutions Committee • Deputy City Clerk appointed member of FACC. Legislative Committee FINANCE • Facilitated the adoption of fee structure change for Sebastian Cemetery Trust Fund in conjunction with the City Clerk and Cemetery staff. • Developed the City of Sebastian Debris Management Plan in conjunction with the Public Works Department. This plan allows the City to participate in the FEMA Pilot Program, which increases the allowable reimbursement from FEMA. • Assisted the City Manager compiling the 6-Year Capital Improvement Program proposed plan and submitted the plan to the Planning and Zoning Commission and City Council. • Assisted the City Manager compiling the FY 2007-08 Proposed Budget. • Completed FY 2007-08 proposed budget package to the Citizen budget Advisory Committee. MIS Upgraded the Building Department with the latest version of the new IMS system with no problems and no down time. • Fought off every attempt to breach our security. • Created a CRA site and put the site into production. http://www.cityofsebastian.orgJcra/default.htm 2 ~9 • Finished the first part of the electrical install. This required completely dismantling the Dispatch center and setting up a temporary dispatch in the P.D. ECO. • Upgraded the P.D. to the latest version of IMC. This required updating every workstation and laptop in the P.D. • Received a quote for Fiber repair on Wimbrow & Sebastian Blvd. Able to negotiate the price from $12,500 to $9,800 saving the city $2,700 and staying under the original budget by $200 dollars. • Worked on the emergency intercom system for the new Gas pumps at the Airport. • Purchased City Wide Microsoft Licensing which now makes the city for the first time compliant with Microsoft Licensing standards. • Provide the City of Sebastian and the P.D. with coverage 24-hours a day; 7 days a week to assist with whatever situation arises. We are always on call and never off the job. Workload Measures: • Work Order Requests Processed = 4757 • Workstation Preventive Maintenance Performed = 73 • Unplanned Server Outages = 0 • Unplanned Network Outages = 0 • Unplanned Telephone Outages = 0 • User Training Hours Performed = 87 • Barracuda spam firewall has processed 2,962,683 emails. • Barracuda spam firewall has blocked 2,690,958 emails. • Barracuda spam firewall has blocked 45,443 viruses. • Barracuda spam firewall has tagged 46, 072 email as possible spam. • Barracuda spam firewall allowed 180,210 emails to pass to the users. • Barracuda spam firewall blocked 2,510,748 potentially dangerous emails from being delivered. • Working on a new Exchange 2000 web mail. • Keeping all aspects of the City Network up and running. • Worked on Tightening Network Security. • Working on training Barracuda Spam Firewall. • Tracked down intruders and stopped all attempts for access to the city network. • P.D. 911 center Human Resources • Sponsored City of Sebastian Golf Tournament • Successfully hosted the annual employee Health Fair, a Sebastian River Medical Center partnership. • Began Supervisory Training of all staff. • Continued the Employee Recognition Program through the employee of the quarter program. • Completed FDOT random drug testing for the third quarter. • Assisted with the negotiation of the Indian River Community College Usage Agreement for the 2°~ floor of the newly renovated Sebastian Elementary School. • Assisted with the implementation of the Early Retirement Buy Out Option for Building Department personnel. • Recruited, interviewed, hired and oriented for the following new positions: Growth Management - (1) Clerical Assistant I Golf Course - (1) Cart Attendant Public Works - (2) Maintenance Worker I, (1) Maintenance Worker II and (2) Skate Park Attendant Police Department - (1) Police Officer and (1) Dispatcher Engineering - (2) Intern Finance Department - (1) Account Clerk II 50 3 POLICE DEPARTMENT Administration • The E 911 Dispatch Syster: yroj,ct is progressing toward ixr~pl:;rr<~:_` ~i:.~~~ and should be on line by August 1, 2007. • Provided for agency panic i r ~::: -::: traffic safety programs, ``DUI Ir~ ;: . _ : ~ ..gin t ~~~r"olf Pack" and "Click it or Ticket". • Provided for the command _,t.atf o gain experience in budgeting, h~..~'.~;<:` acr_~inistration, special events planning, disciplinary matters axed reviewing operations of other police a~j::~:~cls. • Participated in completion of 20~~6 annual report. Computer Statistics and S~.ala Inspections are major projects th~.i A.re still being formulated for implementation. Reviewed department unusual occurrences and natural disaster plans. Up-dated the web-site. Road Patrol • Responded to 2,781 calls for service with 5,869 officer-initiated activities. This totals 8,650. • 138 arrests were made. • Traffic enforcement was conducted throughout the city with 284 citations being issued and 748 written warnings. We had 59 vehicle crashes reported. Officers have been actively addressing complaints of speeders throughout the city aggressively and continuously. • Completed 391 offense reports and 13 8 arrest reports and 45 supplement reports. • Handled 82 parking issues and wrote 32 citations and issued 46 notices of violation. School Resource Officers Workload measures: • l DARE skate. (Roller skating activity) • 1 DARE bowl. (Bowling activity) • There were 17 school incident reports written. • 28 studentlparent conferences. • 34 mediations conduct • 146 counseling's. • 45 school meetings attended. • 90 classroom programs were conducted. • 0 arrests made. • 4 RAD Kids safety classes Community Policing • Initiated the planning for the National Night Out. • Assisted in the planning for the 4~' of July festivities. • Completed one background check for a Police Officer who was hired and in the training program. • Provided 4 department tours. • Completed 7 hours of patrol duties for shift coverage. Workload measures: 8 community contact/meetings. 5 business contacts/meetings. Conducted 3 background checks for volunteers and started background checks for dispatcher applicants. 4 51 Community Volunteer Unit • Provided 1499 volunteer hours during this quarter. • 64 bank deposit details were made. • 2 citations for parking violations and 8 warnings were issued. • 4 traffic control details were assigned. • 411 house watches were completed. • 65 vehicle transports were made. • 168 business checks were made. • 33 airport checks were made. • 89 special details were assigned. • Assisted on 14 traffic crash scenes. • 8 miscellaneous assists or law enforcement personnel. • 206 paper runs i.e.: State Attorney's office, Sheriff's Office, etc. • Added 3 new volunteers. • Assisted in the 4~' of July planning Training Unit • Processed numerous schools for the department. • Completed 40 hours of annual in-house training for all sworn officers. • Hired one new officer and placed him into the Field Training Program. Alarm Assessments • Received $1,130 in fines. • Received $330 in alarm permits. Investigations • Detective Sergeant Grimmich and Detective Byers attended a 40 hour Officer Involved Shooting's course. Detectives Byers, Taylor-McGrath and Crime Scene Tech. Ferriola attended a 24-hour Shooting Reconstruction course. • 117 cases were assigned, with 64 being cleared. • 9 felony arrests and 7 misdemeanor arrests were made. • 173 reports/supplements were completed. • 22 warrants were obtained. • 2 Alcohol Enforcement Details conducted. 2 charges filed. • 1 Gang Suppression Detail conducted. 2 charges filed. Records Division Workload measures: • Incident Reports processed, dispersed to proper agencies and entered into IMC ................. 420 • Arrest Reports (Juveniles) ................................................................................. 9 • Arrest Reports (Adults) .................................................................................... 166 • Accident Reports processed, dispersed and entered into IMC .......................................... 84 • Traffic Citations processed and entered into IMC ....................................................... 687 • Parking Citations processed, followed up and entered into IMC ........................................82 • Warning Citations processed, followed up and entered into IMC ......................................897 • Subpoenas signed, processed and distributed ............................................................ 421 • Fingerprinting service ........................................................................................ 94 • Notary requests ..................................................................................................5 52 • Continue to provide a l services for the public. • Our Annual 2006 Uniform `'rime Statistics were subn~,itte~? _~ ~~ uL:B and approved accordingly. • We are now repaired to sur_ra quarterly reports to the F1;;.~ id:'. ~~~tipartment of Highway Safety & Motor Vehicles for "Seat Belt '~'~:~_ :aua Data". These .^,tati?ti~.;~ . ~.~~'-~ ~ ir~ed thru the D.A.V.LD. system. Special Operations Workload measures: • Citations - 534 • Warnings - 175 • Incident reports - 20 • Arrests - 22 • K-9 Usage Reports - 6 • K-9 Activity Reports - 45 • K-9 Training hours - 141) combined hours. • K-9 Demonstrations - 8 • K-9 Apprehensions - 3 misdemeanor & 5 Felony Communications Division • 8,650 calls entered into C.A.D. • Added a new radio console system • Working to meet 911 requirements, projected switch over is August 1, 2007 • Training attended: ^ 1-Communications Training Officer (CTO) ^ 1-FCIC/NCIC Basic Certification ^ 2-FCIC/NCIC Recertification • Provided the Citizens of Sebastian with house watch requests and cancellation services, citation sign off information, phone numbers and other services by contacting other Agencies and/or Departments. • Provided service to non-residents by answering questions, giving phone numbers, referring them to the proper agency, etc. • Assist other agencies with information and/or requests they may have. ENGINEERING General • Handled numerous meetings and review discussions related to design and permitting of the City's Stormwater capital improvement program. • Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents. • Worked closely with City Manager, City Attorney, and City Staff regarding various organizational, procedural, and substantive matters -particularly having to do with stormwater, traffic, street/roads, and capital projects. • Assisted internal staff on a daily basis in the clarification and resolution of numerous contractor drainage permit matters. • Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth Management. • Reviewed for approval numerous FEMA /FIRM flood map revisions (in conjunction with Growth Management). 6 53 • Continued performing troubleshooting and planning for interrelated drainage, paving, and sidewalk matters. • Continued development and improvement of Sign Shop operations and procedures including design, procurement, and installation of various traffic signage items. • Reviewed and assisted in implementation of paving program. • Reviewed capital improvement projects. • Put together bid packages for several capital improvement projects and handled bid process for same. • Worked with City staff and outside agencies and consultants regarding grants and grant opportunities for several capital improvement projects. • Attended MPO meetings and set up meetings for enhanced collaboration between City and MPO. • Worked with new City Airport Director on various items related to improvements at the Airport. • Continued development and organization of Engineering Assistant /Intern program. • Made plans for enhanced employee training program in the Engineering Department. • Continued development work, including various key contacts and meetings, regarding program for higher education offerings in Sebastian area. • Handled numerous meetings and review discussions related to design and permitting of the City's Stormwater Utility capital improvement program. • Handled numerous personnel matters having to do with Engineering staff, including Sign Shop. • Continued design, permitting, contracting, and/or construction activities on the following City capital improvement projects: Twin Ditches; Baffle Box; Collier Canal Dredging; Periwinkle Stormwater Retention; Blossom Ditch Improvements; Easy Street Renovation; and Pedestrian Bridges. Field Investigations • Responded to 3 drainage complaints. • Handled 9 new pool construction inspections. • Handled 114 new home construction inspections. • Handled 10 new home drainage permits. • Set elevation for 4 side yard pipes. • Set elevation and grade for 6 road crossing pipes • Coordinate with Mosby Moia Bowles & Associates, Inc., on Sebastian River Landings • Coordinate with Schulke, Bittle & Stoddard LLC, on the Gables Miscellaneous • Called in SS locates or updates on locates, for work in right of way or easements. • Worked with FPL on the installation of new street lights. • Coordinated with SJRWMD, on the new storm water park. • Coordinated with CDM on stormwater park. Traffic Division Completed and installed signs: • Stop signs - 50 • Street signs - 22 • Speed signs - 10 • Handicap - 16 • No parking - 20 • Specialty - 10 • Warning signs - 9 5~ • Temp signs - 51 • Guide signs - 6 • Pedestrian Xing - 7 • No trespassing - 5 • Object Markers - 15 • Brite-side Strips - 4 • Fabricated signs- 66 • Pavement Marking - 1000ft • Arrows - 8 • Raised Pavement Marker - 15 Intern Program • Interns have started and continued projects including, but not limited to, traffic studies, capital improvement project research and development and site plan review. The Interns have spearheaded or contributed to the following projects: Blossom Ditch Evaluation Police Parking Power Line Road North FEMA Sign Count Future City Traffic Plan Well and Rain Monitoring Yacht Club Improvements Easy Street Widening PUBLIC WORKS DEPARTMENT Roads and Maintenance • Paved 2 road crossings on Laconia Street, also one on Tulip and one on Coral Reef. • Replaced Telescope at Observation Pier. • Helped Parks clean up Bryant Court Park for Arbor Day • Installed pavilions at Bryant Court Park. • Put in turtle at the splash pad. • Demolished the house at Main Street, hauled off, repaired seawall, put in gate on dock. • Removed trees that fell from storm at 533 Park St. and on Barber Street. • Put up covered benches at the splash pad. • Installed pavilions at Blossom Park. • Completed pothole complaints. • Finished the Yacht Club! • Helped remove boat from the river and hauled off. • Fixed photocell at War Memorial. • Fixed railing on Englar Drive. • Put concrete at the Splash pad, sod and mulched. • Held annual hurricane debris training. • Worked with Finance Department to create a Debris Management Plan. Stormwater Division • Cleaned 405 driveway culverts, 210 catch basins and 20 road crossings with the vac-truck. • Replaced 10 collapsed road crossings consisting of 640 feet of pipe. 8 55 • Did 8 blocks of armadillo work on swages, 4000 LF of rear ditch mowing. • Installed 5000 feet of %4 round Swale pipe and 25 driveway replacements. Parks and Recreation Division • Verti-cut over seeded and fertilized main football field. • Installed Mulch in beds at City Hall and Police Department • Installed new plants at City Hall. • Installed new benches at Bryant Court and Blossom Street Parks. • Assisted with Replay for Life at Friendship Park. • Planted six new trees at Bryant Court for Arbor Day. • Had annual Easter Egg Hunt. • Assisted with concerts in the park. • Added a new Tai Chi for kids program at Community Center. Cemetery Division • Continued regular routine maintenance of mowing, weed eating and edging. • Worked with the corrections crew. • Fixed irrigation, trimmed trees, and sprayed round up. Central Garage Division • Worked with other departments to identify their vehicle and equipment needs in the event of an emergency. • Maintained the fuel facility in accordance with E.P.A. requirements and assuring fuel is always available to our fleet. • Continued the shop equipment modernization program to increase the level and quality of service. • Obtained a second portable air conditioning unit, which contributes to more suitable working conditions. • Maintaining a relatively low backlog on vehicle's and equipment, except those repairs that have to be outsourced and depend on the availability of funds for each department. • Monitor our inventory with monthly comparisons of the parts room inventory and our inventory database. 'This insures the best accuracy for future audits. Building Maintenance • Worked to get cleaning contract approved by City Council, supplied GCC with keys and badges, shown facilities and continue to monitor performance. • Assisted with Health fair set up and break down. • Worked with Trane services to perform first maintenance service at P.D. and City Hall on A/C. • Inspected progress of old city hall periodically. • Performed quarterly testing of sprinkler systems, at P.D. and City Hall. • Completed annual inspection and recertification of all fire extinguishers in the city. • Made repairs with Trane services on A/C unit #2 at city hall. • Monitor and adjust A/C Schedules in Computer for P.D. and City Hall to improve efficiency. • Performed routine maintenance, as needed to all city Facilities. • Installed backer boards at P.D. dispatch for the 911 system and assisted temp move for dispatchers. Located and opened access holes in dispatch floor for electricians and computer techs. • Interviewed and hired new person and started training. GROWTH MANAGEMENT Site Plan Reviews (manor, minor and administrative) • Site plan hearings/approvals -1 ~~ 9 • Site plan inspections - 12 • Appeals - 1 Subdivision and PUD Reviews • Division of a single lot - i • Preliminary plats - 1 • Construction plans - 1 FEMA • Flood zone determinations - t 6 • LOMR (Letter of Map Revision) Applications -12 Occup ational Licenses • New Businesses - 71 • Renewals - 11 • Transfers - 14 • Duplicates -1 • Home-based Businesses - 46 • Commercial Businesses - 48 • Solicitor permits - 11 Zoning Applications • Variances -1 • Overlay District waivers -1 • Special events/Temporary use permits -13 • Accessory Structures (over 500 sq. ft.) -1 • Model home permits (new & renewals) - 4 • Sign permits - 20 permanent, 14 temporary • Release of Unity of Titles - 3 • ROW Dedications - 1 Residential inspections • Final tree inspections - 76 • Land clearing permits - 27 Code Enforcement Workload measures: • 576 written warnings issued. • 217 cases closed. • 297 re-inspections. • 555 citizens assist. • 2 liens filed. • 314 violation letters issued. • 80 violations noted • 168 signs removed. • 41 tree inspections. 10 5~ MUNICIPAL GOLF COURSE • Total revenue for 3rd Quarter: $352,036, an increase of $13,116 over Fisca105-06 3rd Quarter. ^ Total Golf Shop Sales for 3rd Quarter: $23,162. ^ Driving Range Revenue for 3rd Quarter: $12,943, an increase of $348 over Fiscal OS-06 3rd Quarter. ^ Discount Card sales for 3rd Quarter: $242, an increase of $32 over Fisca105-06 3rd Quarter. ^ Cart Fees for 3rd Quarter: $180,189, an increase of $4,293 over Fiscal OS-06 3rd Quarter. ^ Golf rounds played for 3rd Quarter: 14,825. ^ Green Fees for 3rd Quarter: $123,017, an increase of $15,719 over Fiscal OS-06 3rd Quarter. ^ Club Rental & Club Storage revenue for 3rd Quarter: $510. ^ Computerized Golf Handicap Tracking Fees for 3rd Quarter: $126. ^ Rents & Royalties for 3rd Quarter: $8,465, an increase of $437 over Fiscal OS-06 3rd Quarter ^ Professional golf lessons for 3rd Quarter: $2,395, an increase of $425 over Fisca105-06 3rd Quarter. ^ Annual Membership/Initiation fees for 3rd Quarter: n/a • Charity and Corporate Golf Tournaments for the 3rd Quarter included First Presbyterian of VB /Habitat for Humanity (126 players), American Cancer Society (100 players), Harris Corporation (56 players), Sebastian Chamber of Commerce (91 players), Brevard Rugby (144 players), Liberty Magnet Elementary (88 players), Easter Seals of Brevard County (55 players), The New Piper Aircraft Company (144 players), and The Sebastian Moose Lodge (56 players). • Charity and Corporate Golf Tournaments scheduled for 4`~ Quarter (06-07) include Calvary Church Children's Benefit, Sebastian Eagles Aerie #4067, Sebastian Italian-American Club, Kennedy Space Center Golf League and The Sebastian River High School Touchdown Booster Club. • In May 2007, received new fleet of 86 - 2007 Club Car electric golf carts, complete with complimentary range vehicle, beverage cart and ranger cart. • 2007. Sebastian Junior Golf Summer Academy classes are filled to maximum attendance, before the new school year begins, over 100 juniors will have participated in the Sebastian Junior Golf Academy summer programs. • Golf course conditions have been excellent: several customers have given positive comments regarding shape and condition of golf course. • AIRPORT • Vegetation/brush clearing: project approved, funded, permitted---ready for actual work. • Security House Move: approved, funded, contract awarded, permitted. House moved to new site. Anticipate ready for occupancy mid-August 07. • Fuel Farm project: 95% complete. Need card reader installation, inspection and certification. RFP issued and closed on `branded' supplier. No selection made as of this date. • Lighting and Signage Project: received final plans from consultant. RFP for VASUPAPI set to be published week of July 9`~. • Maintenance Building Project: contract approved, funded, awarded/notice to proceed-still in permitting process. • Business Plan Project: approved by council, uploaded on web site, project closed with FDOT. • Security Improvement Project: completed and closed with FDOT. • Airport Layout Plan project: negotiated with FDOT and FAA to begin project. Funded by FDOT, approved and funded by Council. Pre-application submitted to FAA with fee schedule. In `scope of services' negotiations w/consultant in anticipation of contract agreement. BUILDING DEPARTMENT • Building permit activity has remained consistent during the 3rd Quarter. ^ April - 6 new single-family residential permits 58 11 ^ May - 8 new single- farrlily residential permits ^ June - 8 new single- family residential perm? is • Total building permits issue for the 3rd Quarter: ^ April - 240 ^ May - 250 ^ June - 227 Although the new single-family residential permit actit~ity'.~~as r:.:rrrau.ed at a historically low level, the over all permit activity continues to be on the rise in the 2°d quarter ~:rd ~`d quarter of this fiscal year. • The total inspections for the 3rd quarter: ^ .April - 769 ^ May - 1095 ^ June - 685 Inspection activity has been somewhat erratic this quarter. • _ The Building Department has continued to use slack time to input old permit data into the current computer system as well as scan recently completed permit files into laser fiche. Key personnel in the department are receiving extensive cross training to give them the ability to fill in as needed, in preparation for the early retirement and reduction in work force scheduled for August, as recently approved by City Council • Contractor licensing activity remained steady throughout the 2nd quarter. A major case was recently brought to the Construction Board involving a contractor that was found guilty on two counts of diversion of funds and subsequently had his license suspended indefinitely. 12 59 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET JiJNE 30, 2007 Description TAXES LICENSES & PERMITS INTERGVT'L REVENUES CHARGES FOR SERVICES FINES AND FORFEITS MISC. REVENUES OTHER REVENUE SOURCES TOTAL REVENUES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL LEGISLATIVE EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CITY MANAGER EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CITY CLERK EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL LEGAL EXPENDITURES ~~ 3rd Quarter Operating Statement GENERAL FUND REVENUES Quarter Year Current Revised To Date To Date Encumbrance Budget Collected 1,252,421 6,383,369 N/A 7,681,502 83.1% 26,313 157,313 N/A 231,200 68.0% 511,198 1,431,607 N/A 2,394,919 59.8% 92,040 277,476 N/A 441,342 62.9% 15,992 43,992 N/A 55,900 78.7% 184,200 431,076 N/A 407,682 105.7% 105,336 323,055 N/A 1,198,466 27.0% 2,187,500 9,047,888 N/A 12,411,011 72.90% GENERAL FUND EXPENDITURES CITY COUNCIL Quarter Year Current Revised To Date To Date Encumbrance Budget Spent 6,034 16,219 0 21,398 75.8% 8,295 23,477 3,872 39,165 69.8% 0 0 0 0 0.0% 14,329 39,696 3,872 60,563 71.94% CITY MANAGER Quarter Year Currenf Revised To Date To Date Encumbrance Budget Sent 59,730 161,910 0 218,517 74.1% 3,158 5,600 0 11,950 46.9% 0 0 0 0 0.0% 62,888 167,510 0 230,467 72.68% CITY CLERK Quarter Year Current Revised To Date To Date Encumbrance Budget Sperit 72,647 187,661 0 263,241 71.3% 11,170 76,658 0 77,324 99.1% 0 0 0 0 0.0% 83,817 264,319 0 340,565 77.61% LEGAL Quarter Year Current Revised To Date To Date Encumbrance Budget Spent 52,738 140,343 0 194,545 72.1% 2,003 5,446 0 18,689 29.1% 0 0 0 0 0.0% 54,741 145,789 0 213,234 68.37% 1 CITY OF `;1.?3AS.I7Ai~I, FLORIDA STATE~Ik;NT OF ~:I'~,:~;L-!~"t'ING -ACTUAL TO BL~GET :1L::~ E 30, 2007 r'1_YaNCE Quart-'r fear Current Revised Description To-Date To Date Encumbrance Budget Spent PERSONAL SERVICES 74,331 195,179 0 287,403 67.9% OPERATING EXPENDITURES 4,~1? 70,106 7,500 71,149 109.1% CAPITAL OUTLAY '_,492 1,492 0 0 0.0% TOTAL FINANCE EXPENDITURES 30,3-11 266,777 7,500 358,52 76.50% MANAC=EMENT INFORMATION SYSTEM Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 54,099 137,813 0 189,512 72.7% OPERATING EXPENDITURES 5,788 9,458 0 25,557 37.0% CAPITAL OUTLAY 0 7,631 9,800 20,000 87.2% TOTAL MIS EXPENDITURES 59,887 154,902 9,800 235,069 70.07% HUMAN RESOURCES Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 52,807 143,919 0 201,725 71.3% OPERATING EXPENDITURES 7,173 20,792 0 26,842 77.5% CAPITAL OUTLAY 1,156 2,050 0 0 0.0% TOTAL HR EXPENDITURES 61,137 166,761 0 228,567 72.96% POLICE SPECIAL OPERATIONS Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 102,566 241,996 0 310,100 78.0% OPERATING EXPENDITURES 14,382 35,137 0 43,705 80.4% CAPITAL OUTLAY 5,896 39,950 0 41,216 96.9% TOTAL POLICE SPEC OP EXPENDITURES 122,844 317,083 0 395,021 80.27% POLICE ADMINISTRATION Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 51,478 165,655 0 191,914 86.3% OPERATING EXPENDITURES 16,761 41,879 4,875 54,787 85.3% CAPITAL OUTLAY 0 0 0 20,000 0.0% TOTAL POLICE ADMIN EXPENDITURES 68,239 207,534 4,875 266,701 79.64% POLICE SCHOOL RESOURCE OFFICER Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 34,553 95,213 0 134,913 70.6% OPERATING EXPENDITURES 3,809 7,545 0 12,051 62.6% CAPITAL OUTLAY 0 0 0 3,000 0.0% TOTAL POLICE SRO EXPENDITURES 38,363 102,758 0 149,964 68.52% 3rd Quarter Operating Statement 2 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET JUNE 30, 2007 POLICE ROAD PATROL Quarter Year Current Revised Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 416,878 1,256,773 0 1,738,905 72.3% OPERATING EXPENDITURES 46,983 151,560 0 166,801 90.9% CAPITAL OUTLAY 23,544 23,544 170,172 216,980 89.3% TOTAL POLICE RP EXPENDITURES 487,405 1,431,877 170,172 2,122,686 75.47% POLICE CONIMiJNIT'Y POLICING UNIT Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 41,554 118,796 0 147,033 80.8% OPERATING EXPENDITURES 5,235 15,139 0 19,427 77.9% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL POLICE CP EXPENDITURES 46,789 133,935 0 166,460 80.46% POLICE PROFESSIONAL STANDARDS Quarter Year Current Revised Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 29,652 83,304 0 113,649 73.3% OPERATING EXPENDITURES 1,571 4,493 0 10,825 41.5% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL POLICE PS EXPENDITURES 31,223 87,797 0 124,474 70.53% POLICE INVESTIGATIONS Quarter Year Current Revised Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 121,969 358,563 0 459,102 78.1% OPERATING EXPENDITURES 21,536 64,289 0 89,966 71.5% CAPITAL OUTLAY (29) 20,757 0 26,800 77.5% TOTAL POLICE INVEST EXPENDITURES 143,476 443,609 0 575,868 77.03% POLICE SUPPORT SERVICES DIVISION Quarter Year Current Revised Descriprion To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 75,537 199,283 0 289,790 68.8% OPERATING EXPENDITURES 6,097 14,452 0 24,075 60.0% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL POLICE SS EXPENDITURES 81,634 213,735 0 313,865 68.10% ~a 3rd Quarter Operating Statement 3 ~C:IT'Y OF SEBASTIAN, FLORIDA STATE~IEi`d'T OF OPERATING -ACTUAL Tt> ~~~i ~:!(;ET JUNE 30, 2007 POLICE COMMUNICATIONS Quarter Year t:±,r:~z Revised Description To Date To Date Encn,::rrance Biid et Spent PERSONAL SERVICES 111,170 267,827 ;+ }20,195 63.7% OPERATINGEXPENDITURES 5,563 18,782 ;i 34,570 54.3% CAPITAL OUTLAY 0 17,908 '? 20,908 85.7% TOTAL POLICE COMNI EXPENDITURES __ 116,733 304,517 ___ _ ~i) ~ _ 475,673 64.02% ENGINEERING Quarter Year Current Revised °lo Description To Date To Date Enc~.nrbranc~ Budget Spent PERSONAL SERVICES 138,702 373,757 ) 503,829 74.2% OPERATING EXPENDITURES 7,727 24,645 0 46,842 52.6% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL ENGINEERING EXPENDITURES 146,430 398,402 0 550,671 72.35% ROADS & DRAINAGE Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 130,991. 370,802 0 676,942 54.8% OPERATING EXPENDITURES 58,824 120,137 4,300 118,589 104.9% CAPITAL OUTLAY 4,299 16,774 38 60,850 27.6% TOTAL ROADS & DRAINAGE EXPENDITURE S 194,114 507,713 4,338 856,381 59.79% STORMWATER UTILITY DIVISION Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 128,558 377,729 0 582,566 64.8% OPERATING EXPENDITURES 245,169 547,024 147,284 684,158 101.5% CAPITAL OUTLAY 0 11;980 31,411 161,980 26.8% TOTAL SW EXPENDITURES 373,728 936,733 178,695 1,428,704 78.07% CENTRAL GARAGE Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 48,823 135,637 0 182,617 74.3% OPERATING EXPENDITURES 12,822 31,028 4,356 43,371 81.6% CAPITAL OUTLAY 1,295 8,093 0 9,800 82.6% TOTAL CENTRAL GARAGE EXPENDITURES 62,940 174,758 4,356 235,788 75.96% BUILDING MAINTENANCE Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 23,823 72,312 0 98,510 73.4% OPERATING EXPENDITURES 16,763 69,596 8,621 84,165 92.9% CAPITAL OUTLAY 0 1,650 0 1,650 100.0% TOTAL BUILDING MAINT EXPENDITURES 40,586 143,558 8,621 184,325 82.56% 3rd Quarter Operating Statement 4 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET JITNE 30, 2007 Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL PARKS & REC EXPENDITURES PARKS & RECREATION Quarter Year Current Revised To Date To Date Encumbrance Budget Spent 189,692 536,186 0 773,383 69.3% 66,061 201,214 5,435 222,819 92.7% 19,199 42,490 0 63,000 67.4% 274,952 779,890 5,435 1,059,202 74.14% CEMETERY Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CEMETERY EXPENDITURES Description Quarter Year Current Revised To Date To Date Encumbrance Budget Spent 30,475 85,932 0 112,107 76.7% 5,237 14,580 750 19,717 77.8% 0 0 34,500 35,000 98.6% 35,712 100,512 35,250 166,824 81.38% GROWTH MANAGEMENT Quarter Year Current Revised To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 87,372 226,282 0 320,576 70.6% OPERATING EXPENDITURES 11,204 24,563 0 31,680 77.5% CAPITAL OUTLAY 0 32,810 870 33,708 99.9% TOTAL GROWTH MGMT EXPENDITURES 98,576 283,655 870 385,964 73.72% CODE ENFORCEMENT Quarter Year Current Revised Description To Date To Date Encumbrance Budget Snent PERSONAL SERVICES 41,633 113,779 0 156,186 72.8% OPERATING EXPENDITURES 4,971 13,930 0 17,573 79.3% CAPITAL OUTLAY 0 0 0 3,000 0.0% TOTAL POLICE CE EXPENDITURES 46,604 127,709 0 176,759 72.25% NON-DEPARTMENTAL Description PERSONAL SERVICES OPERATING EXPENDITURES GRANTS & AIDS TRANSFER OUT CONTINGENCY TOTAL NON-DEPART EXPENDITURES TOTAL GENERAL FUND REVENUE TOTAL GENERAL FUND EXPENDITURES NET REVENUES Gy 3rd Quarter Operating Statement Quarter Year Current Revised To Date To Date Encumbrance Bu_ d~¢Y Spent 991 5,580 0 10,000 55.8% 36,620 725,134 11,740 936,152 78.7% 0 4,000 0 4,000 100.0% 0 0 0 80,000 0.0% 0 0 0 78,512 0.0% 37,611 734,714 11,740 1,108,664 67.33% 2,187,500 9,047,888 N/A 12,411,011 72.9% 2,865,097 8,636,243 445,524 12,411,011 69.6% (677,598) 411,645 5 CITY OF SEBAS'IT.~:eT, ~+"i:C?7tin~~ ST~.T'EI~IENT OF OPERATING - .-?~~".1'"_".\I. TO BUDGET JUNE 30, '>00'Y Description TAXES MISC. REVENUES TRANSFER OUT INTERGOVT'L REVENUE TOTAL LOGT REVENUES Description OPERATING EXPENDITURES DEBT SERVICE TRANSFER OUT UNAPPROPRIATED TOTAL LOGT EXPENDITURES Description TAXES MISC. REVENUES TRANSFER IN TOTAL DST REVENUES Description TRANSFER OUT UNAPPROPRIATED TOTAL DST EXPENDITURES Description MISC. REVENUES RECREATION IMPACT FEE TRANSFER IN TOTAL RIF REVENUES LOCAL OPTION (~S "~ AX LOCAL OPTION GAS T,\ X ~`i; i i ~ T<.F,~'°~,~ t "E.S Quarter r=~r Current Revised To Date ~'s`e Encumbrance Budget Collected 162,967 4~4,5i2 N/A 720,000 63.1% 26,261 h7,9Z~ N/A 45,000 146.5% 0 0 N/A 0 0.0% 18,018 18,0 t 8 N/A 0 0.0% 189,228 538,494 N/A 765,000 70.39% LOCAL OPTION GAS TAX FUND EXPENDITURES Quarter Year Current Revised To Date To Date Encumbrance Budget Spent 50,532 145,890 0 202,429 72.1% 0 150,000 0 300,000 50.0% 65,642 196,928 0 262,571 75.0% 0 0 0 0 0.0% 116,174 492,818 0 765,000 64.42% DISCRETIONARY SALES TAX DISCRETIONARY SALES TAX FUND REVENUES Quarter Year Current Revised To Date To Date Encumbrance Budget Collected 700,495 1,792,042 N/A 3,127,000 '57.3% 31,820 82,530 N/A 113,300 72.8% 0 0 N/A 0 0.0% 732,315 1,874,572 N/A 3,240,300 57.85% DISCRETIONARY SALES TAX FUND EXPENDITURES Quarter Year Current Revised To Date To Date Encumbrance Budget Spent 483,573 2,483,926 0 3,240,300 76.7% 0 0 0 0 0.0% 483,573 2,483,926 0 3,240,300 76.66% RECREATION IMPACT FEE FUND RECREATION IMPACT FEE REVENUES Quarter Year Current Revised To Date To Date Encumbrance Budget Collected 4,751 49,342 N/A 45,000 109.6% 3,900 44,872 N/A 360,000 12.5% 0 0 N/A 0 0.0% 8,651 94,214 N/A 405,000 23.26% 3rd Quarter Operating Statement 6 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET JUNE 30, 2007 RECREATION IMPACT FEE EXPENDITURES Quarter Year Current Revised Description To Date To Date Encumbrance Bud¢Ct Spent TRANSFER OUT 17,500 52,500 0 70,000 75.0% UNAPPROPRIATED 0 0 0 335,000 0.0% TOTAL RIF EXPENDITURES 17,500 52,500 0 405,000 12.96% STORMWATER UTILITY FUND STORMWATER UTILITY REVENUES Quarter Year Current Revised Description To Date To Date Encumbrance Budget Collected MISC. REVENUES 5,652 72,565 N/A 86,200 84.2% STORMWATER UTILITY FEE 15,703 790,254 N/A 820,000 96.4% TRANSFER IN 0 0 N/A 0 0.0% APPROPRIATION FROM PRIOR YEAR 0 0 N/A 392,476 0.0% TOTAL SW UTILITY REVENUES 21,355 862,819 0 1,298,676 66.4% STORMWATER UTILITY EXPENDITURES Quarter Year Current Revised Description To Date To Date Encumbrance Budget .Spent OPERATING EXPENDITURES 0 0 0 3,500 0.0% TRANSFER OUT 553,112 1,080,700 0 1,295,176 83.4% TOTAL SW UTILITY EXPENDITURES 553,112 1,080,700 0 1,298,676 83.22% LAW ENFORCEMENT FOREITURE FUND LAW ENFORCEMENT FORFEITURE REVENUES Quarter Year Current Revised Description To Date To Date Encumbrance Bud et Collected FINES AND FOREITURES 1,000 6,250 N/A 8,000 78.1% MISC. REVENUES 706 2,113 N/A 3,500 60.4% TOTAL LEFF REVENUES 1,706 8,363 N/A 11,500 72.72% LAW ENFORCEMENT FORFEITURE EXPENDITURES Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent OPERATING EXPENDITURES 3,936 9,926 6,035 11,500 138.8% TOTAL LEFF EXPENDITURES 3,936 9,926 6,035 11,500 138.79% GANG RESISTANCE EDUCATION AND TRAINING PROGRAM Description INTERGVT'L REVENUES MISC. REVENUES G.R.E.A.T. PROGRAM REVENUES Quarter Year Current To Date To Date Encumbrance 0 0 N/A 979 5,213 N/A Revised Budget Collected 10,000 0.0% 4,155 125.5% 3rd Quarter Operating Statement 7 ~I"rY OF :"-~"~:~_\`:L~V, FLORIDA STATEiVCI `tiT OF OE':~;.:'+,TItiG -ACTUAL TO I3UI;tJET :Ti~;~ s., 30, 3007 TOTAL G.R.E.A.T. REVENUES 979 5,213 N/A 14,155 125.46% t~.R.~>!, ~..-1'..~"'a`r~;,=~:1ITXPEYDITURES Description OPERATING EXPENDITURES TOTAL G.R.F..A.T. EXPENDITURES :.... Year Currc~i? devised f,n_-,.:~-, -I'o Date Encumbr:cmc~ f3~.;l~et Spent ~.'= 3 ~ _ _~ 5,121 0 ~~ _14,155 36.2% i.7_F~~ 5,121 0 14.155 36.18% DISCRETIONARY S ^.?.~FS TAX DEBT SERVICE FUND DISCRETIONARY SAI:c.S t'::" DEBT SERVICE FUND REVENUES Quart-nz• Year Revised Description To Da i~ To Date Encumbrance Budget Collected MISC. REVENUES 2,863 4,276 N/A 1,975 216.5% INTERFUND TRANSFER FROM DST 0 1,033,206 N/A 1,033,207 100.0% TOTAL DST DEBT SERVICE REVENUES 2,863 1,037,482 N/A 1,035,182 100.22% DISCRETIONARY SALES TAX DEBT SERVICE EXPENDITURES Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent OPERATING EXPENDITURES 0 0 0 300 0.0% DEBT SERVICE 0 1,033,581 0 1,033,207 100.0% OTHER DEBT SERVICES 1,300 1,300 0 1,675 77.6% TOTAL DST DEBT SERVICE EXPENDITURES 1,300 .1,034,881 0 1,035,182 99.97% STORMWATER UTILITY DEBT SERVICE FUND STORMWATER UTILITY DEBT SERVICE REVENUES Quarter Year Current Revised Description To Date To Date Encumbrance Budget Collected MISC. REVENUES 267 787 N/A 875 89.9% INTERFUND TR./STORMWATER UTIL. FUND 338,637 437,273 N/A 437,273 100.0% TOTAL SW DEBT SERVICE REVENUES 338,904 438,060 N/A 438,148 99.98% STORMWATER UTILITY DEBT SERVICE EXPENDITURES Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent DEBT SERVICE 339,137 438,148 0 438,148 100.0% TOTAL SW DEBT SERVICE EXPENDITURES 339,137 438,148 0 438,148 100.00% G~ 3rd Quarter Operating Statement 8 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET JUNE 30, 2007 GOLF COURSE FUND GOLF COURSE REVENUES Quarter Year Current Revised Description To Date To Date Encumbrance Budget Collected INTERGOVERNMENTAL REVENUES 0 0 N/A 0 0.0% CHARGES FOR SERVICE 322,485 1,349,863 N/A 1,556,950 86.7% MISC. REVENUES- 25,881 67,382 N/A 77,285 87.2% APPROPRIATION FROM PRIOR YEAR 0 0 N/A 1,407 0.0% TOTAL GC REVENUES 348,366 1,417,245 N/A 1,635,642 86.65% GOLF COURSE EXPENSES GOLF COURSE ADMINISTRATIVE Quarter Year Current Revised Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 74,919 210,531 0 316,997 66.4% OPERATING EXPENSES 82,678 234,555 300 333,458 70.4% CAPITAL OUTLAY 0 0 0 0 DEBT SERVICE 0 23,245 0 301,990 7.7% OTHER SERVICES 500 500 0 0 0.0% TOTAL GC ADMINISTRATIVE EXPENSES 158,097 468,831 300 952,445 49.26% GOLF COURSE MAINTENANCE Quarter Year Current Revised llescrintion To Date To Date Encumbrance Budget Spent OPERATING EXPENSES 183,867 468,465 0 561,300 83.5% CAPITAL OUTLAY 0 0 0 15,000 0.0% TOTAL GC MAINTENANCE EXPENSES 183,867 468,465 0 576,300 81.29% GOLF COURSE CARTS Quarter Year Current Revised Description To Date To Date Encumbrance Bud et Spent PERSONAL SERVICES 14,389 35,671 0 52,047 68.5% OPERATING EXPENSES 18,071 45,711 0 54,850 83.3% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL GC CARTS EXPENSES 32,460 81,382 0 106,897 76.13% TOTAL GOLF COURSE REVENUE 348,366 1,417,245 N/A 1,635,642 86.6% TOTAL GOLF COURSE EXPENSES 374,424 1,018,678 300 1,635,642 62.3% NET GOLF COURSE REVENUES (26,058) 398,567 G& 3rd Quarter Operating Statement 9 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET JUNE 30, 2007 AIRPORT FUND AIRPORT REVENUES Quarter Year Current Revised Description To Date To Date Encumbrance Budeet Collected CHARGE FOR SERVICES 0 0 N/A 38,500 0.0% MISC. REVENUES 24,737 67,549 N/A 78,046 86.6% LEASE REVENUES 58,710 176,606 N/A 289,689 61.0% OTHER REVENUE SOURCE 0 0 N/A 0 0.0% TOTAL AIRPORT REVENUES 83,447 244,155 N/A 406,235 60.10% AIRPORT EXPENSES Quarter Year Current Revised Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 57,735 159,591 0 228,839 69.7% OPERATING EXPENSES 36,021 134,217 2,015 139,896 97.4% CAPITAL OUTLAY 0 1,235 0 0 0.0% OTHER SERVICES 37,500 37,500 0 37,500 100.0% TOTAL AIRPORT EXPENSES 131,256 332,543 2,015 406,235 82.36% TOTAL AIRPORT REVENUES 83,447 244,155 N/A 406,235 60.1% TOTAL AII2PORT EXPENSES 131,256 332,543 2,015 406,235 82.4% NET AIRPORT REVENUES (47,809) (88,388) BUILDING DEPARTMENT FUND BUILDING DEPARTMENT REVENUES Quarter Year Current Revised Description To Date To Date Encumbrance Budeet Collected LICENSES & PERMITS 96,526 296,793 N/A 1,031,400 28.8% CHARGES FOR SERVICE 3,076 6,304 N/A 25,000 25.2% MISC REVENUE 18,005 50,933 N/A 46,672 109.1% OTHER REVENUE SOURCE 0 0 N/A 0 0.0% TOTAL BUILDING DEPT REVENUES 117,607 354,030 N/A 1,103,072 32.09% BUILDING DEPARTMENT EXPENSES Quarter Year Current Revised Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 145,916 421,013 0 649,348 64.8% OPERATING EXPENSES 59,740 181,512 0 410,071 44.3% CAPITAL OUTLAY 0 12,474 0 22,790 54.7% OTHER SERVICES 0 0 0 20,863 0.0% TOTAL BUILDING DEPT EXPENSES 205,656 614,999 0 1,103,072 55.75% TOTAL BUILDING DEPT REVENUES 117,607 354,030 N/A 1,103,072 32.1% TOTAL BUILDING DEPT EXPENSES 205,656 614,999 0 1,103,072 55.8% NET BUILDING DEPT REVENUES (88,049) (260,969) ~g 3rd Quarter Operating Statement 10 7d mra ,~.4 HOME OF PELICAN 151AN0 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Vacant Regular Member Agenda No. 7. ~. ~ Position on the Natural Resources Advisory Board Department Origin: City Clerk City Attorney: Approved for Submittal by: City Manager City Clerk: Date Submitted: 7/18/07 AI Minner For Agenda of: 7/25/07 Exhibits: application, board member list EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY There is a vacant regular member position open. Mr. Slattery is interested in becoming a regular member. RECOMMENDED ACTION Interview unless waived, and submit nomination for the regular member position that will expire 7/2010. ~~ ~~ 7y rnv~~r ~, .~-~ ~~- HOME OF PELICAN ISLAND --'-• APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Resir~ents of the City of Sebastian) _ _ _ ~ NAME: ~~ 6~ ~ ~ S ~ c~ ~ I e -~ , s.~ HOME ADDRESS: ~ -~ ~~ ~j~r,., ~,c, 6 ~ 7-- -~ HOME PHONE: ~`,. ~,, ~ E~ to HOME FAX: S~ ~, (n ~~~~ E-MAIL:SL/~ 15sCC~=~ ~~1'(r~e~ S s BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~0 DO YOU PRESENTLY .SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ,~ /~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CODE ENFORCEMENT BOARD (permanent boaraf -meets once a month)" COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board--meets as needed) CONSTRUCTION BOARD (permanent board -meets once a month)" HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board-meets quarterly) PLANNING AND ZONING COMMISSION (pem~anent board -meets twice a month)" POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory boarol- meets quarterly)" PARKS & RECREATION ADVISORY COMMITTEE (permanentboaM-meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) ~~OTHER TEMPORARY COMMITTEE (if applicable)- ~K v i r-o c, ~u c ~ -~G ~d n~, . (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment _, _-' --i ~-; G~ « m ~ca-'C -c~~~ ~~;, r- -1 ,--- :a s~~ /Ye f 75 APPLppICAB/LE EDUCATION ALND/OR EXPER(I~ENCE: a brief resume is re uired) ~l'1 ~ ~ aJ"`~ ,~-- ~ ~ G t n l ~~at ~i ct t ~[. ~ lG u r~ ~ ~~i G/ 1 ~'.d' °L ~-t~.. C-'L `~Q ~ C`~p ~~.c vt.,'S~ -rcr5~7~'~i - ~~~~~ShK~`~'t l~~ ~ /// HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? ~~ ~~ ~w r ~u.z..Fi rr~ Q ~vo~ e. 5 cz cc,~s -Far- 7 r/"s LIST ANY ADDITIONAL QUALIFICATIONS T~ SERVE ON BOARD OR COMMITTEE: u~~wk e~ fe Sa ~ ~: ~a®o /ache ~r.e5~ t;~.a za- SC~ua. ~ I ~c wit iw~i ~ ~~~ J~~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ~~C HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~c WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~u Lt4~~ Syr, fl~l 11 y~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinance ections 2-166 through 2-173 (attached). Infonnation relative to a specific board or committee i~ available if reques . /~ /~// ~d `nd sworn to before me this day of /G' ! "'~ ~D ~: by to me, or has produced . ,L • as identification. ,,~. Pv~; ANN V. ROUSSEAU~M...~..w ?,: ,~ MY COMMISSION # DD 08953? \wp-form\applit~t.wpd 'a= EXPIRES: Mareh 18 2006 ~~Rr ~~°,'.~`~~ Bonded Thru Notary Public Underwriters rev. 1 /2004 - ~< 7~ NATURAL RESOURCES ADVISORY COMMITTEE Trish Adams Term 47 River Oak Drive Sebastian FL 32958 expires , 388-5535 7!2008 Lynn Albury Term 1666 Seahouse Street expires Sebastian, FL 32958 7/2008 589-0037 Maureen Cummings Term 134 Englar Avenue expires Sebastian, FL 32958 7/2009 589-1175 Todd Klitenic -Vice Chair Term 1274 Barber Street expires Sebastian, FL 32958 7/2010 589-5255 Ginny Koerner Term 1517 Dewitt Lane expires Sebastian, FL 32958 7/2010 581-8827 Cyndi Schuster (alternate) Term 729 Spire Avenue expires Sebastian, FL 32958 7/2009 589-8091 James Slattery (alternate) Term 1361 Barber Street expires Sebastian, FL 32958 7/2008 589-6006 Kristi Yanchis -Chair Term 125 Royal Palm Street expires Sebastian, FL 32958 7/2008 388-2911 Term Expires 7/2010 71 ~8 ilY 0 t ( Subject: Ordinance No. 0-07-10 - Agenda No. (~ 7,. 0 ( ~ Repealing Emergency Ordinance No. 0- 07-09 and Readopting Permanently the Dept. Origin: Ci Clerk Additional $25,000 Exemption in City Attorney: Accordance with Charter Date Submitted: 7/18/2007 Approved for Submittal by: City Manager For Agenda of: 7/25/2007 AI Minner Exhibits: 0-07-10 Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT City Council passed Ordinance No. 0-07-10 on first reading at the June 27tH meeting. RECOMMENDED ACTION At Council's discretion, move to adopt Ordinance No. 0-07-10. ~9 ~0 ORDINANCE NO. 0-07-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Article VII, Section 6(f) of the constitution of the State of Florida authorizes the legislature, by general law, to allow counties or municipalities to grant an additional homestead tax exemption, which amount was recently increased from a maximum twenty-five thousand dollars ($25,000) to a maximum exemption of fifty thousand dollars ($50,000), to any person who has title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income does not exceed twenty thousand dollars as adjusted periodically for changes in the cost of living; and WHEREAS, Florida Statutes authorizes a municipality to adopt an ordinance to allow this additional homestead exemption, which has likewise been increased to $50,000 in the recent legislative session, with a provision authorizing the use of an emergency ordinance prior to June 1 ~ to give effect to the increased exemption for the current tax year; and WHEREAS, City Council adopted Emergency Ordinance No. 0-07-09 on May 23, 2007 to meet the State of Florida deadline to grant the additional twenty-five thousand dollar ($25,000) exemption for the current tax year; and WHEREAS, City Charter section 2.13 states that as of the ninety-first (91) day following its adoption an emergency ordinance shall automatically stand repealed or may be repealed by adoption of a repealing ordinance; and WHEREAS, adoption of a new ordinance is necessary to repeal the emergency ordinance and to make a permanent amendment to Code of Ordinances Section 2-121 for the current tax year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. SENIOR HOMESTEAD EXEMPTION INCREASED. That Section 2-121 of the City Code, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-121. Additional Homestead Exemption. • ~ , ~ ~nnc ~ An additional homestead exemption in the amount of ~e fib thousand dollars 50 000 (-~0=), which additional homestead exemption applies only to taxes levied by the City of Sebastian, shall be allowed for any person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five (65), whose household income does not exceed twenty thousand ($20,000) as such amount has been adjustment in accordance with Fla. Stat. Section 196.075 (3), and who submits to the Property Appraiser a sworn statement of household income as required hereafter. ~~ 1 Section 2. APPLICABILITY. The additional exemption provided herein shall take effect with the current tax year, as provided by law, and notice of adoption along with the information required under the provisions of statute shall be immediately transmitted to the proper authorities. Section 3. REPEAL. Emergency Ordinance No. 0-07-09 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. If any section, paragraph, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance shall take effect upon adoption. 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 Andrea Coy Vice-mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 25'h day of July, 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 8~ Andrea Coy, Mayor a ~e.7Y C ( I( Subject: Ordinance No. 0-07-12 - Agenda No. 4 7. <<Jr Cemetery Fees/Proof of Residency Requirement for Sebastian Rate Dept. Origin: Ci Clerk City Attorney: Approved for Submittal by: City Manager Date Submitted: 7/18/2007 AI Minner For Agenda of: 7/25/2007 Exhibits: 0-07-12 Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT City Council passed Ordinance No. 0-07-12 on first reading at the June 27tH meeting. RECOMMENDED ACTION At Council's discretion, move to adopt Ordinance No. 0-07-12. 83 8y ORDINANCE NO. 0-07-12 AN ORDINANCE C?F `I'I•-iE CITY OF SEBASTIAN, INDI~i~I I~.;V£R COUNTY, FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 3rf OF THE CODE OF ORDINANCES OF ?HE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADOiNG A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANC:~ IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PRO~JIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary to amend certain language in Chapter 34 relative to the Sebastian ~~1unicipal Cemetery to clarify that them will be one set of fees for Sebastian residents with proof of residency and another set of fees for anyone outside City limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That Section 34-11 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 34-11. Interment site prices; establishment of fees for Sebastian residents and individuals outside City limits, defining proof of residency. Fees for all interment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time. One set of fees shall be established for Sebastian residents and one set of fees shall be established for all others outside of City limits. For anyone who purchases a site and for anyone who is to be interred in a site, proof of City residency must be provided as set out below to receive the Sebastian resident rate. Anyone claiming City residency to receive the City resident rate must provide two proofs of residency at the time of sale and/or prior to interment from the following list ^ Florida vehicle registration card or title ^ Voter registration card ^ Utility, telephone or cable/satellite TV bill ^ Checking or savings account statement ^ Property tax bill or receipt ^ Selective service card ^ Mortgage account or proof of home ownership ^ Residential rental contract (apartment lease or other rental of real ro e ^ Canceled check with imprinted name and address ^ First class mail from any government agency (to include the contents 85 and envelope) Major credit card bill Installment loan contract from a bank or other financial institution SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, 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 or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. CITY OF SEBASTIAN, FLORIDA By: Andrea B. Coy, Mayor Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Legal Sufficiency for Reliance By the City of Sebastian Only: Rich Stringer City Attorney 2 ~Co ~11Y QF ~~ ~~ k' ~`~ MO1NlE C3F FF3.I:A[al ISIAIVD of 5ebastiaii, r toricta Subject: Resolution R 07-29 approving Extension of Preliminary Plat for Gables at Sebastian Subdivision (a townhouse development). Submittal by: City Manager Agenda No. ~ 7. ~ JC ~ Department Origin: Growth Management' Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted : July 19, 2007 For Agenda of: July 25, 2007 Exhibits: R-07-29, Application, Letter of Request dated 6/7/07, R-OS-40, Preliminary Plat EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY On September 28, 2005, Resolution R-05-40 was adopted approving the preliminary plat for Gables at Sebastian Subdivision (a townhouse development). Subsequently, construction drawings were approved, and the land clearing permit was issued. The final plat application has also been submitted, reviewed and awaits submittal of the finalized documents. For reasons stated in the attached letter from Bruce Barkett, dated June 7, 2007, Best Housing I, LLC, has chosen to put the final plat process on hold, and is requesting an eighteen-month extension of the preliminary plat. Also, they have agreed to convert their existing gopher tortoise "take" permit to a "relocation" permit, in accordance with the City's policy. For your additional information, the project consists of a 95-unit townhouse development located on Main Street between Powerline Road and Bob Circle. There will be 17 residential buildings and a clubhouse, together with associated parking, water and sewer service, drainage, and landscaping. Access to each unit will be accomplished via an internal road network with one point of access on Main Street and one point of access on Powerline Road. The preliminary plat reflects compliance with current RM-8 zoning townhouse requirements, including minimum lot size, setback standards, open space requirements and all other dimensional criteria. The site plan, as approved by the Planning and Zoning Commission, must also obtain an extension. That request has been submitted and has been scheduled for the Planning and Zoning meeting of August 2, 2007. RECOMMENDED ACTION Conduct quasi judicial public hearing. "Move to approve Resolution R-07-29, Extension of Preliminary Plat for Gables at Sebastian." 87 ~~ RESOLUTION i~i0. R 07-29 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN EXTENSIOI`°l OF THE PRELIlIHNARY PLAT FOR A TOWNI-IOUSE DEVELOPMENT SUBDIVISION KNOWN ~~S CYABLES AT SEBASTIAN; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Resolution No. R-OS-40 as adopted on September 28, 2005, approving a preliminary plat for a townhouse development subdivision known as Gables at Sebastian; and WHEREAS, Best Housing 1, LLC, has requested an extension of the preliminary plat for Gables at Sebastian, for an additional 18-month period; and WHEREAS, Best Housing 1, LLC, has agreed to convert their existing FFWCC gopher tortoise "take" permit to a "relocation" permit, in accordance with city policy; and WHEREAS, said subdivision and plat comply with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIlIHNARY PLAT APPROVAL EXTENSION. The City Council of the City of Sebastian does hereby approve an 18-month extension to the preliminary plat and subdivision plan for Gables at Sebastian prepared by Schulke, Bittle & Stoddard, LLC, with an engineer's stamp and signature dated June 29, 2007, as maintained on file with the City Growth Management Department, subject to the following condition: 1. FFWCC gopher tortoise "take" permit shall be converted to a "relocation" permit. 89 Section 2. are hereby repealed. Section 3. upon its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith EFFECTIVE DATE. This resolution shall take effect immediately 'The foregoing Resolution was moved for adoption . The motion was seconded by Councilmember . and, upon being put into a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councihnember Dale Simchick Councilmember Eugene WolfF by Councilmember The Mayor thereupon declared this Resolution duly passed and adopted this 25~' day of July, 2007. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Bv: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney qa ~., ~~~ City of Sees#i~n ~~_~~_~ HJA1EOFPEE]CANISUND DeVelOl7ment ~P(~P_Y Atlnli(`atinn Permit Application No. A licant If not owner, written aut_orization (notarized) from owner is rec3uir_Ld1 Name: Best Housing I, LL~C Address: 3608 Collanade Drive, Wellington, FL 334,>; PhoneNumber.(305) 525 - 5~~03 J FAX Number. (30~ X234 _ ,)791 E-Mail: jmdiaz75@bellsouth.net Owner If different from a plicant) Name: Same Address: -- Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: preliminary Plat Extension 18 months PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1 /2° BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): The Gables at Sebastian B. Site Information Address: South of Main St.,West of Powerline Rd., Sebastian Lot: B-ock: Unit: Subdivision: Indian River County Parcel#: 31-3e-ol-00003-0000-000004.0 31-38-01-00000-7000-00001.0 Zoning Classification: Future Land Use: RM-8 N.A. Existing Use: Undeveloped Proposed Use: Multi-family dwellings C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Request extension of Pr liminary Plat for 18 months DATE RECEIVED: _P /Z(ol~ FEE PAID: $ SV • v0 ~ RECEIVED BY: .~~~ay. ~ V `~`~G C'J2~ br: q;nctil .(ree. "'~ ` ti~+~~i`~ ~, ~ .2007 = ~~ ..~ ~ ~ff L ~ ,~ `' ~ j ~:J. ~i~ ..•n~,~~~~Ht V'rfs~, Permit Application No. D. Pro'ect Personnel: A ent: Name: Schulke, Bittle & Stoddard, LCC C/o Joseph Schulke, P.E. Address 1717 Indian River Blvd . , Suite 2 Ol , Vero Beach, FL Phone Number: (772) 770 - 9622 FAX Number: (772) 770 -9496 E-Mail: jschulke@sbsengineers.com Attorne Name: Bruce Barkett Address 756 Beachland Blvd. , Vero Beach, FL 32963 Phone Number: (772) 231 - 4343 FAX Number: (772) 234 -5213 E-Mail: bbarkett@verolaw. com En ineer: Name: Same as Agent (above) Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Zentz Land Survin Name: William Zentz Address 684 Old Dixie Highway Vero Beach, FL 32962 Phone Number: (772 )567-7552 FAX Number: (772 ) 1771 E-Mail: wbz@gate .net I, Jose ~) Schulke ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ I AM THE LEGAL REPRES - ATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURAT ND E HE BEST OF MY KNOWLEDGE AND BELIEF. l~~z~o 0 7 SIG ATU D TA E SW AND SU IBED BEFORE ME BY ~~ --~ ER WN TO ME OR PRODUCED -, AS IDENTIFICATION, THIS o~~P DAY OF ~ NOTARY~S SIGNATURE PRINTED NAME OF NOTARY ~A ~ COMMISSION NO./EXPIRATION SEAL: ~~""''~ CHEItRYI. ANN QIBSdN ' MY COMMISSION H DDS00828 //""''~~ /~ 'f~~R~d g7CpiRFC: December 30.2009 / ~1 , 1~800.1NOTARY Fl. Notary DSscamt Asoa Ca .. . Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S~ / x THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE City Staff / P & Z BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE TED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS S who as ide tification, this Notary's Signature Printed Name of Notary Commission No./Expiration Seal: IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR 'LOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY SEBASTIAN. z ~~ DATE :fore me by ~~ ~i° mec days ~ d ~ C~~n~NGIBSpN ~~ SSfON# ~ aa~° DD500828 ~~rhRV Fl•No~~30 2009 ~YDis caw~p~~ Co, q3 ~~ BRUCE D. BARKETT CALVIN 8. BROWN GEORGE G. COLLMS, JR• JANET CARNEY CROOM4 MICHAEL J. GARAVAGLIA AARON V. JOHNSON RONALD KEITH LAWN••~ LISA N. THOMPSON••• G DOUGLAS VTTUNAC BRUCE R. ABERNETHY JR, OF COUNSEL••+ WILLIAM W. GALOWELL~ OF COVNSCL STEVEN L HENOERSON, OF CDUNSEL• 'HOARD CERTFlED IN REAL ESTgTE `'MASTER OF LAWS IN TAXATION •••MASTEJi OF LAWS IN REAL PROPERTY DEVELOPMENT +BOARD CERTIFIED IN WRJ_S, TRUSTS, AND ESTATES 'ALSO ADMTf'TED 1N OC AND SC ALSO ADMITTED IN AR Al Minner City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: The Gables at Sebastian Dear Al: Via Facsimile and U.S. Mail Thank you for taking the time, along with Rich Stringer and Rebecca Grohall, to meet with us yesterday on this project. This letter is to request an eighteen-month extension of time to record the final plat for the subdivision, and further to request simultaneously an eighteen-month extension of time for site plan approval, so that the deadline for final plat recording and for site plan commencement coincide with each other. ~s you know, market conditions are simply not favorable for construction at this time. My client, Best Housing I, LLC, could simply bond off the final plat, record it, clear the land, and then proceed with construction at a very slow pace; however, that could result in a large, unsightly cleared parcel of property, with minimal activity, over a long period of time, and for no good reason. We have seen other examples of this in the County, and it does not look good. Best Housing feels it would be better for itself, and it would be better to help maintain its good relationship with the City of Sebastian, to simply extend the time within which it is required to record the final plat and to commence with site development. That way, when land clearing and land development begin, it can proceed at a good faith pace, which will not leave a scarred landscape within the City of Sebastian for a lengthy period of time. iLY~I~ "_Ti'~.~t'',~ •~ SJ ~v~~;i~.i'i ~'Q3'+_~;~ _cZ CFiARTEF'.-L7 ~~ ATTORNEY. ,:,,' ._.'JT/ VERO 3EAC71, FLCr?1i~A 32953 PLEASE REPLY 70: POST OFFICE BOX 64-3666 'v °.RO BEACJ-i~ FLORIDA 329643686 772-231-4343 TELEFAX: 772 - 23 4 - 6L13 INTERNET: CBC®VEROLAW.COM June 7, 2007 q5 Al Minner City Manager June 7, 2007 Page 2 Also, I just wanted to remind you that Best Housing has committed to the City's new policy of relocating all tortoises on site, even though it had already been issued a "take permit" prior to the City's adoption of the new policy. Notwithstanding that compliance with the City's new policy will cost Best Housing tens of thousands of dollars, it is attempting to be a good neighbor and remain in good standing with Sebastian. If you have any questions or comments, or require any additional information, please let me know as soon as possible. Otherwise, we would like to bring this matter to closure as soon as you can schedule it. ery truly yours, ~~~ BRUCE D. BARKETT For the Firm BDB:jkd cc: Richard Stringer, City Attorney Rebecca Grohall, Growth Management Director Jorge Diaz Joseph Schulke 9~ -~.~;~ ~:~:~,~I~'I'ION IYO. R-OS-40 A RESOLUTION t~ ~' :.t`i~~; f'I 1 Y OF SEBASTi aN, ~.~:~1~#-ia~~, APPROVING :i tlt; _i' ~~: ~_": t_::~-!~lt~ ~tY PLAT FOR .~, ~:1't~a 4Y~-~i~l~'i,TSE DEVELOPM~'V [' ,~ - =•. ~'t":~4SION Kai OWN A.fi G_~BI,~'>S :~T SEBASTIAN; _t'1.+.,-`:. iN ~,' i"~R CONFLIC'i'~'~ t:~~.~~''rYI":~.#3; PROVIDING :i+ ~ ~_ Y - -- _=•': '+."` +, ~' E 13A`I'E. WHEREAS, Best Ilva~i:~:~ 1, :i~LC, has filed an application for approval of a preliminary plat for atownhouse develop:~iti"~:A:ab:~iv:ision known as Gables at Seba;;~ian; and WHEREAS, said sub~li~:i~~t: ~u"ad plat comply with applicable St~iie and City codes and regulations; NOW THEREFORE, T3E i f RESOLVED BY TAE COUN(.~, OF' THE C1Pi`T~~ OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and subdivision plan for Gables at Sebastian prepared by Schulke, Bittle & Stoddard, LLC, with an engineer's stamp and signature dated June 17, 2005, as maintained on file with the City Growth Management Department. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. upon its adoption. EFFECTIVE DATE. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember cuy The motion was seconded by Councilmember Negiia and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Councihnember Sal Neglia aye aye absent aye aye 9~ The Mayor thereupon declared this Resolution duly passed and adopted this 28`~ day of September, 2005. A' ~____,-- Sally A. Mho, MMc City Clem Approved as to form and Yegality fox reliance by the City of Sebastian only: Ri Stringer, rty ey q~ CITY OF SEBAS LORIDA By: Mayor Nathan M ollum Permit A,pplica~ cn No. N.A N.A N.A N.A N.P. N.A N.A N.A N.A N.A N.A N.A `"Y`~ Supplemer~ta~ l;tr~ormv~tior~ ~;~r_ _~ -- _ , Preliminary 'fiat Approval `` .~- HOME OF PELICAN ISLAND 1. The following information is required ~n r:;I preiirninary plats: on File a. A vicinity sketch showing the location of the boundary lines and distance of the land proposed for the subdivision in reference to other are^s of the city. On File b. A north arrow, graphic scale, and date of preparation. On File c. The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. on File d. The names, alignment, and width of all existing and proposed streets, alleys, rights-of-way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right-of--way width, street or pavement width, and established center line elevation. Existing streets shall be dimensioned to tract boundary. On File e. All existing and proposed property lines, easements and rights-of--way, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks. On File f. Access points to collector and arterial streets showing their compliance to access requirements. On File g. All existing drainage facilities. On File h. Existing and proposed utilities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract. The preliminary plat shall contain a statement that all utilities are available and have been coordinated with the required utility departments. On File i Site for proposed parks, recreational areas and schools On File j, The location of any temporary structures or permanent structures having a temporary use. On File k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. On File I. Permanent reference markers shall be shown ~q Permit Application No. N.A. On N.A N.A N.P N.A N.A N.A N.A N.A N.A N.A. (D~ ~ile 2. Attached the following: On File a. Six copies of the preliminary plat. (Two sets must be sealed.) On File b. The name, address and telephone number of the mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such that they will join in the dedication of the proposed subdivision. On Filec. A surface water drainage facilities plan certified by an engineer registered in the State of Florida. On File d. A land survey with complete legal description prepared and certified by a registered surveyor. On File e. A traffic impact analysis, if required. On Filef. An erosion/sedimentation control plan. On Fileg. A contour map showing ground elevations at intervals of not more than one foot of the area to be subdivided and of a perimeter strip at least fifty (50) feet and up to one hundred and fifty (150) feet in width around the area. On File h. A statement concerning required potable water improvements, wastewater improvements or on-site wastewater disposal data. On File i. A schedule for multiple phases, if appropriate. On File j. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. ~ of r ,'~ ~l HC31~eiE 4F PELICP~Id ISE19~~i? CITY OF SEBAST1A'~I AGENDA '1'RANSMITI'_t.L Subject: Certification to Set Maximum Agenda No. O 7. I ~ ~ FY 08 Millage Rate Department Origin: Finance App ved f Submittal by: City Manager Finance Director_ ~ '~.-~ ~ City Attorney: City Clerk: ne Date Submitted: July 18, 2007 • For Agenda of: July 25, 2007 Exhibits: Form DR-420, Certification of Taxable Value, Maximum Millage Rate 3.2121 Form DR-420 M-P, Maximum Millage Levy Calculation using millage rate of 3.2121 Form DR-420, Certification of Taxable Value, Maximum Millage Rate 3.1157 Form DR-420 M-P, Maximum Millage Levy Calculation using millage rate of 3.1157 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY Pursuant to F. 5.200.065 (b), each taxing authority shall advise the Property Appraiser of its proposed millage rate, of its estimated rolled-back. rate and of the date, time, and place at which a public hearing will be held to consider the proposed millage rate and the tentative budget. Pursuant to F.S.200.185, each municipality must also calculate the maximum tax levy. This is the tax rate that the municipality cannot tax above for the coming fiscal year. Ultimately, the municipality may tax below this rate, but if the jurisdiction taxes above this rate, F.S.200.185 revokes the half-cent sales tax distribution as a penalty. The FY 2008 half cent sales tax is estimated for the City of Sebastian at $1,537,000. Generally, the common procedure is to set a higher proposed millage rate. This provides the Council the financial room it needs to make last minute budgetary decisions without being penalized later. Upon receiving the DR 420, the form which sets the maximum tax levy, the Property Appraiser submits a "tentative notice" of tax assessment to the public. From this. notice, the public receives a formal tax bill estimate. Subsequently the budget is set, the tax rate is formalized and the final tax bills are distributed. In any case however, the final bill is always equal to or less than the tentative notice. This year brings additional taxing scenarios for municipalities. First, the State legislature has mandated that the City's maximum millage cannot exceed $3.1157. This rate represents a 3% decrease from the $3.2121 roll back rate. However, both of these rates are higher than our current millage rate of $3.0519. At the July 16, 2007 Budget Committee Workshop, the Advisory Committee actually recommended a budget, thatwhile made ~ f significant cuts, placed a higher emphasis on public safety which may necessitate the need for a higher millage f I rate. As a result, should Council consider this recommendation, the idea of setting a high proposed millage rate may need to be considered. Accordingly, staff has prepared two sets of maximum millage rates for your consideration. The first set is to set the maximum rate at the rolled back rate plus an additional 3% cut, to reflect the requirement of the newly passed legislation. This action would set the highest possible millage rate at $3.1157 and provide an additional $95,150 for the budget. The second option is to set the maximum millage rate at the rolled back rate of $3.2121. Based on the mandate by the State Legislature, to approve this rate, it would require atwo-third vote of the governing body at the final adoption. This rate will generate an additional $23 8,919. Please note, that at this point, staff will be recommending adoption of the current millage rate of $3.0519. This rate generates $95,1501ess than the $3.1157 rate; however, it better prepares the City for potential additional tax reform legislation that may be approved next year. No matter which option Council chooses to set the maximum rate, the Council can always adopt the $3.0519 rate upon fmal passage because it is lower than both the state mandated rate ($3.1157) and the rollback rate of ($3.2121). Not to confuse the matter, but Council can also consider a higher than roll back rate. However, under the conditions of the tax reform legislation, to prevent the loss of state shared revenue, a referendum would be required to approve this option. RECOMMENDED ACTION Move to set maximum millage rate and authorize the City Manager to execute the Form DR-420 and Form DR-420 M-P. The options available are to set a maximum rate of either: 1. $3.1157 -State Mandated Millage which is 3% lower than roll back (Staff Recommendation); 2. $3.2121 -Rollback Rate, which will require a 2/3 vote at fmal time of adoption. /0~ ~~ra'f'fSC:7C3011 Of TaXab]@~c'3jt1~ ~ ~ ;RnORUSEONLY ~ DR-420 SECTION 1 Year. _`_ _-M1-_ __^-__.___! ,Ci,~: R. 06/07 County: ,;'i~°;n .river PrincipalAuthori'ry: ~-`''niii~aiit</ Tying A~Ehority: ids _ ~ ~.jty ~f Sebastian (1) Current Year Taxable Value of Rea( Property `,^- c:;;,=,r>_ti ;; Purc~ses (2) Current Year Taxable Value of Personal Pr.~r,~r-; ~;,- (, -,raiing P!:r;.osas (3) Current Year Taxable Value of Centrally A.<e~ ;; :~; :- ;.: ~, -r;, ;or Operating Purposes (4) Current Year Gross Taxable Value forOper~t';:_ ; -,:;;;; ~-;a 'I) + (2) + (3) _ (4) (5) Current Year Net New Taxable Value (New Construction +Additions + Rehab;!itath;~a :;;:~,r;,. -~, ;; i; Increasing Assessed Value By At Least 100%+Annexations +Total Tangible ;=<~: <::--,; ,~;, .ptY Taxable Value In Excess of 115°,~0 of the Previous Year's Total Tangible Personal ':,.~,::.zr TL fab?e Value -Deletions) (6) Current Year Adjusted Taxable Value (4) - (~ ) (7) Prior Year FINAL Gross Taxable Value (From ?; ~r'.' ar Applicable Form DR-403 Series) (8) Enter number of Tax Increment Value Worksheet; ~Di2-d2oTIF) attached (If none, enter 0) ~__.__-._.____._~_ 1,511,347,955 (1) s .____ _~ 57,420,080 (2) ~ _______ 1,106,497 (3) _______ _~._ 1,569,874,532 (4) s A .______~ 99,737,967 (5} ~.___ __ ______ 1,470,136,565 (s) s __~ 1,547,382,611 (7) 1 do hereby certify the values shown herein to be c~; r.::..:c t;-e hest of my knowledge and belief. Witness my ban.: and oifcial signature at Vero Beach ; ;=lorida, this the 28 day of .Inn-rl'1 _ _ SECTION 11 TAXING AUTHORITY: If this port' . ~ .r the form is not completed in FULI levy privilege for the tax year. If any 5ra is'napplicable, enter N/A or-0-. (g) Prior Year Operating Millage Levy (10) Prior Year Ad Valorem Proceeds (7) x (9) (11) Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value: Sum of either line (3)c or (4)a for all DR-420TIF forms (12) Adjusted Prior Year Ad Valorem Proceeds (10) - (11) (13) Dedicated Increment Value, If any: Sum of either line (3)b or (4)e for all DR-420TIF forms (14) Adjusted Current Year' Taxable Value (6) - (13) (15) Current Year Rolled-Back. Rate (12) divided by (14) (16) Cun-ent Year Proposed Operating Millage Rate $ 4,'722,457 (10) $ 270,195 (11) $ 4, 452, 262 (12) $ 84, 040, 278 (13) $. 1, 386, 096,287 X14) $ $ 3.2121 3.2121 par $1,000 (15) per$i,oao (16) (23} Total Adjusted Prior Year Ad Valorem Proceeds: (12)+(22) $ ~r 45d, ~E)~ (23) (24) The Current YearAggregate Rolled-Back Rate: (23) divided by (14) $ , .3.2121 per $1,000 (24) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) _ $ 5, 042 , 594 (25) (26) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Tabng Authority, all Dependent Districts, ahd MSTUs if env. Sum of line f16) x line ~4) from aII Form DR- 420s $ ., 5,.042, 594 (2s> ._ (27) CumentYear Proposed Aggregate Millage Rate: (26) divided by (4) $ 3.2121 per $1,000 (27) (28) Current YearProposed Rate as a Percent Change of Rolled-Back Rate: [(Line 27 divided by Line 24) -1.OOj x 100 ~ (28) Date, Time ahd Place bf the First Ptablic Biidget Hearing: _MpriC~aV , S2t~telllber 10, 2007 Clty COUriCll chambers. Sebastian City Hall, 1225 Main St, Sebastian, FL 32958 I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER, I certify that all millages comply with the provisions of Section 200.185 ahd 200.071 or 200.081, F.S. WITNESS my hand grid official signature at City of .Sebastian ,Florida, this the 26th day of -July (Month, and Year) City Manager 1225 Main St Sebastian, FZ 32958 Signature and Title of Chief Administrative Officer Address of Physical Location 1225 Main Street Sfiai Francis Mating Address Sebastian FL 32958 City State Zp Name of Contact Person -772-388-8205 772-388-8249 Phone # Fax # SEE INSTRUCTIONS ON REVERSE SIDE I /~~ $ 3.0519 _ - per$1,iioo (s) MUNICIPALITY MAXIMUM MILEAGE LEVY CALCULATION DR-420 M-P PRELIMINARY DISCLOSURE N. o7/o7 Year 2007 Municipality: Se baSti a_n County Indlan River Taxing Authority: Sebastian .:his f. .. " ~ a~; , ~~'ents~a~ ink a ~unl~ = sir! o ,, C ,,ter: r y medic. 4# " es.; ~` ~_.;: :r- 1. Has the munidpality levied ad valorem taxes for less than five years? ^ YES: STOP HERE. Sign below and submit. Municipality is not su bject to a limitation on millage in FY 2007-08. NO: Go to line 2. 2. Current Year Gross Taxable Value for Operating Purposes from Form DR-420, Line 4 ........................................ $ 1.569 , 874, 5 32 (2) 3. Prior Year Operating Millage Levy from Form DR-420, Line 9 ............................................................................... $ 3 _ 0519 per $1,000 (3) 4. Current Year Rolled-Back Rate from Form DR-420, Line 15 ................................................................................. $ 3.2127. per $1,000 (4) 5. Compound annual growth rate in total per capita taxes levied of the municipality from FY 2001-02 to 2006-07. (see instructions) ............................................................................................................ 6.8 0~ (5) 6. Percentage of rolled-back rate allowed to be levied by a majority vote of the goveming body. (see instructions)' 97 °k (8) 7. Is the munidpality a "municipality of spedal financial concern"? (see instructions) (Check one) ^ YES ®NO 8. Did the municipality first levy ad valorem taxes in FY 2002-03? ^ YES ®NO 9. Current Year Proposed Operating Millage Rate from Form DR-420, Line 16 ........................................................ $ 3.2121 per $1,000 (9) 10. Current Year Proposed Taxes (multiply Line 9 by Line 2) ...................................................................................... $ 5 , 042 594 (10) 11. Current Year Proposed Operating Millage Rate to be adopted by: (Check one) ^ Majority vote of the goveming body wMaximum millage rate on Line 12 equal to percentage on Line 6 times the rolled-bads rate on Line 4 ® Two-thirds vote of the goveming body ~-Maximum millage rate on Line 12 equal to the rolled-back rate on Line 4 ^ Unanimous vote of the goveming body (or 3/4 vote if goveming body has nine or more members) ~-Maximum millage rate on Line 12 equal to the prior year's operating millage rate on Line 3 ^ By referendum +Maximum millage rata on Line 12 as approved by referendum You must provide a final Form DR-420 M with the final ordinance and voting record to the Department of Revenue after the final hearing. 12. The selection on Line 11 allows a maximum millage rate of :................................................................................$ 3.2121 per $1,000 (12) 13. Taxes levied at maximum millage rate (multiply Line 12 by Line 2) ........:............................................................$ 5, 042; 594 (13) NOTE: The proposed millage rate on Line 9 must be equal to or less than the maximum millage rate on -Line 12, UNLESS: the sum of the proposed taxes to be levied by the munidpality and all of its dependent spedal districts is less than or equal to the sum of the maximum taxes that could be levied by the municpality and its dependent spedal districts. See Line 19 of the munidpality's Form DR-420 M-P. 14. is the proposed millage rate to be approved by a referendum of the voters? ^ YES: STOP HERE. Sign below and submit. 5~.~ NO: Go to Line 15. Total Proposed Taxes Levied: 15. Enter the Current Year Proposed Taxes of ALL Dependent Spedal Districts levying a millage. (The sum of Line 10 from each District's Form DR-420 M-P) ................................................................................ $ 0 (15) 18. Total Current Year Proposed Taxes (add Line 10 and Line 15) .............................................................................$ 5, 042, 594 (16) Total Maximum Taxes: 17. Enter the Taxes at the Maximum Millage for ALL Dependent Special Districts levying a millage. (The sum of Line 13 from each District's Form DR-420 M-P) ............................................................................... $ 0 (17) 18. Total Taxes at Maximum Millage Rate (add Line 13 and Line 17) ..........................................................................$ 5.042, 594 (18) Total Maximum vs. Total Proposed Taxes Levied: 19. Are the total current year proposed taxes on Line 16 less than or equal to the total taxes at maximum millage rate on Line 18? (Check one) ~ YES: Proposed taxes levied comply with law. ^ NO: Proposed taxes levied DO NOT comply with law. If Line 16 is more than Line 18 on your Form DR-420 M following your final hearing, you will lose the half-cent sales tax distribution. Complete and submit this preliminary Form DR-420 M-P to the property appraiser. After you have adopted millage rates and budgets, you must give the Department of Revenue a final Form DR-420 M after the final hearing. I certify the millages and rates shown are correct to the best of my knowledge and belief. City Manager Signature and Tile of Chief Administrative Officer 1225 Main Street Mailing Address Sebastian 1225 Main St Sebastian FT. . '~~95f~ Address of Physics Locagon Sheri F`--anci s Name of Contact Person FL 32958 772-388-8205 772-388-8249 State Zio Phone # Fax # roe @rtlflCatlOn of Taxa~; ~ '7':::: •a v' FOR DOR USE ONLY DR~zg SECTION I Year. 2007 cty: R.osro7 ______.._..------__....___ _ -A: County: Tnetian River Levy: Princi~:ri.-.,;r,:~;i,y: Municipality Taxi~a,',`:'-::~~'"; id< City of Sebastian (1) Current Year Taxable Va!o ~ ~t i ;ea1 i'r ~~+~,, ~y rarOperating Purposes $ 1,511,347,955 (1) (2) Current Year TaxableVah:~.fi'*,s<::~I:-':::~~:~y;orOperatingPurposes $ _ 57,420,080 (2) (3) Current Year Taxable V21u~ ;r C ~r'ralPy ~s ^ :>::=.d Property for Operating Purposes $ ~ 1,106,497 (3) (4) .Current Year Gross Faxat• s'~ s;,_e .: C!i.~ra ~g ?urposes (1) + (2) + (3) _ (~) $ 1,569,874,532 (4) (5) Current Year NetNa~r;Ta;:::::~'~:'I5'_:'; _-,__~. (New Construc5on t Add.:-, ~ .._ _.. .. ~: ~ !- p~ovements Increasing Asse: ~a~ ... - Least 100%+Annexzaior,. i~:;'ai ~ , _ :: 'e;:>onal Property Taxab!a'Ja:!;e In t: <~,,...> ~. .:: ; of the Previous Year's To'=.. ; ; ;::. ~ - _:.:: ,,ai ?-operty Taxable Value - Deletio:^s) 99,737,967 (5) ~i (s) Current Year AdjustedTa;r..`r;~`J'ee('}-.;o) ? 1,470,136,565 (s) (7) Prior Year FINAL Gross 1-axU,'e V_:'-:;~ ~(~=ro:r, ;'rorYearApplicable Form DR-403 S arias; $ 1,547,382,611 m (8) Enter number of Tax Increm=.'t Value'.'.; r~;.a;eets (DR-420TIF) attached (If none, enter ^) 2 I do hereby certify the values sho':m n>; :r. i~ ;be r. ; ,-ect to the best of my knowledge and ~e!b `. `d~t,e, ~~ss my hand and official signature at Vero Beach _~_ _ - ,Florida, this the 28 day of _-~ Jun-07 Mo ]`i, and Year) - - Signature of Pro a App iser SECTION I I TAXING AUTHORI ~Yt If tt;:, porion of the form is not completed in FULL your Aud , arity will be denied TRIM certification and possibly lose its millage levy privilege for -the fax year. If any line fs inapplicable,. enter NIA or -0-. (9) Prior Year Operating Millage Levy $ 3.0519 per$t,ooo (s) (10) Prior Year Ad Valorem Proceeds (7) x (9) $ 4 , 722 , 457 (10) (11) Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a 270 195 dedicated increment value: Sum of either line (3)c or (4)a for all DR-420TIF forms $ , (11) (12) Adjusted Prior Year Ad Valorem Proceeds (10) - (11) $ , , (12) (13) Dedicated increment Value, if any: Sum of either line (3)b or (4)e for all DR-420TIF forms $ 84, O4O 278 (13) (14) Adjusted Current Year Taxable Value (6) - (13) $ , 8 , 096, 287 (14) (15) Current Year Rolled-Back Rate (12) divided by (14) $ 3 .2121 per 51,000 (15) (16) Current Year Proposed Operating Millage Rate $ per 51,000 (15) (17) Check TYPE of Principal Authority'(check one) County ~ Independent Sp. Dist ©Municipality ~WaterMan.District (18) Check Applicable Taxing Authority (check one) Principal Authority Dep. Spec. Dist ~MSTU (19) is millage levied in more than one county? (check one) Yes ~No ~t,~.,_~~.~.~ac*'~ ~~u,`a+~. ."~.u~vss" ~~' ?~X": ~?vax.,,W::r ~„szs;,~?':.,t:',u£~_u.,...._i~~ s 4~~. i.~t' ;,:=s~~.,.r~.'~ "§~'.s~~„x:~riy,~~£' (20) Current Millage Levy for Voted Debt Service $ per $1,000 (20) (21) Current Millage Levy for Other Voted Millage $ per $1,000 (21) ~a~P~a;iT S`~E~r~'~'~~I~`I '~'r'~~~~x~8~ N~~m x-° . .., ~, _ ~ t ._ (22) Enter the Total Adjusted Prior Year Ad Valorem Proceeds of ALL Dependent Special Districts and $ O (22) MSTUs levying a millage. (The sum of Line (12) from each DisVict's and MSTU's Form DR-420) (23) Total Adjusted Prior Year Ad Valorem Proceeds: (12) + (22) (24) The Current Year Aggregate Rolled-Back Rate: (23) divided by (14) (25) Current Year Aggregate Rolled-Back Taxes (4) x (24) (26) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, and MSTUs if any. Sum of line (16) x line (4) from all Form DR- 420s (27) Current Year Proposed Aggregate Millage Rate: (26) divided by (4) (28) Current Year Proposed Rate as a Percent Change of Rolled-Back Rate: [(Line 27 divided by Line 24) - 1.00] x 100 $ 4,452,262 (23) $ 3.2121 par 51,000 (24) $ 5,042,594 (25) $ 4, 891, 258 (zs) $ 3.1157 per $1,000 (27) -3 °i° (28) Date, Time and Place of the First Public Budget Hearing: MOnday. September 10. 2007. 6 : OO PM Chambers, Sebastian City Hall, 1225 Main Street, .Sebastian, FL 32958 I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER, I certify that all millages comply with the provisions of Section 200.185 and 200.071 or 200.081, F.S. WITNESS my hand and official signature at City of Sebastian ,Florida, this the 26th day of July, 2007 (Month, and Year) Citv Manager Signature and Title of Chief Administrative Officer 1225 Main Mailing Address Sebastian FL 32958 City State Zip 1225 Main Street, Sebastian FL 32958 Address of Physical Location Shai FYancis Name of Contact Person 772-388-8205 772-388-8249 Phone # Fax # SEE INSTRUCTIONS ON REVERSE SIDE I MUNICIPALITY MAXIMUM MILEAGE LEVY CALCULATION- DR-42o""-P PRELIMINARY DISCLOSURE N.ono7 Year 2007 Muniapaiity: Sebastian County IT1CZla11 R1.Ver Taxing Authority: Sebastian 1. Has the muniapal'Ity levied ad valorem taxes for less than five years? ^ YES: STOP HERE..Sign below and submit. Municpality is not subject to a limitation on millage in FY 2007-08. NO: Go to line 2. 2. Current Year Gross Taxable Value for Operating Purposes from Form DR-420, Line 4 ........................................ $ 1, 569 , 874 , 532 (2) 3. Prior Year Operating Millage Levy from Form DR-420, line 9 ............................................................................... $ ~R~1~ per $1,000 (3) 4. Current Year Rolled-Back Rate from Form DR-420, Line 15 ...................................................:.............................$ 3.2121 per$1,000 (4) 5. Compound annual growth rate in total per capita taxes levied of the municipality from FY 2001-02 to 2006-07. (see instructions) ...........:................................................................................................ 6.~~ "~ (5) 6. Percentage of rolled-back rate allowed to be levied by a majority vote of the goveming body. (see instructions) 97 ~ (6) 7. is the municipality a "municpality of special finanaal concern'? (see instructions) (Check one) ^ YES ~ NO 8. Did the mtiniapality first levy ad valorem taxes In FY 2002-03? ^ YES ®NO - 9. Current Year Proposed Operating Millage Rate from Fonn DR-420, Line 16 ........................................................$ 3.1157 per$1,000 (9) 10. Current Year Proposed Taxes (multiply Line 9 by Line 2) ......................................................................:............... $ 4.891.,, 2 ~8 (10) 11. Current Year Proposed Operating Millage Rate to be adopted by: (Check one) ® Majority vote of the goveming body .-Maximum millage rate on Line 12 equal to percentage on Line 6 times the rolled-back rate on Line 4 ^ Two-thirds vote of the goveming body - +Maximum millage rate on Line 12 equal to the roiled-back rate on Line 4 - ^ Unanimous vote of the goveming body (or 3/4 vote if goveming body has nine or more members) .-Maximum millage rate on Line 12 equal to the prior year's operating millage rate on Line 3 ^ By referendum ~-Maximum millage rate on Line 12 as approved by referendum You must provide a final Form DR-420 M with the final ordinance and voting record to the Department of Revenue after the fi„al hearing. 12. The selection on Line 11 allows a maximum millage rate of: ................................................................................ $ 3.1.157 per $1,000 (12) 13. Taxes levied at maximum millage rate (multiply Line 12 by Line 2) ....:............................:...............:.............:..... $ ~, 8 1 ~ .5f~ (13) NOTE: The proposed millage rate.on Line 9 must be equal to or less than the maximum millage rate on Line 12, UNLESS: the sum of the proposed taxes to be levied by the municipality and all of its dependent speaal districts is less than or equal to the sum of the maximum taxes that could be levied by the muhicpality and its dependent speaal districts. See Line 19 of the muniapality's Form DR-420 M-P. 14. is the proposed millage rate to be approved by a referendum of the voters? ^ YES: STOP HERE. Sign below and submit.. ~ NO: Go to Line 15. Total Proposed Taxes Levied: - 75. Enter the Current Year Proposed Taxes of ALL Dependent Speaal Districts levying a millage. (The sum of Line 10 from each District's Form DR-420 M-P) ............................................:...................................$ 0 (15) 16. Total Current Year Proposed Taxes (add Line 10 and Line 15) ............................................................................. $ 4, A~ 1 ~ . SR (16) Total Maximum Taxes: - 17. Enter the Taxes at the Maximum Millage forALL Dependent Speaal Districts levying a millage. (The sum of Line 13 from each District's Fonn DR-420 M-P) ...............................................................................$ 0 (17) 18. Total Taxes at Maximum Millage Rate (add Line 13 and Line 17) .......................................................................... $ ~ R91 , 2 ~,R (18) Total Maximum vs. Total Proposed Taxes Levied: 19. Are the total current year proposed taxes on Line 16 less than or equal to the total taxes at maximum millage rate on Line 187 (Check one) ® YES: Proposed taxes levied comply with law. ^ NO: Proposed taxes levied DO NOT comply with law. If Line 16 is more than Line 18 on your Form DR-420 M following your final hearing, you will lose the half-cent sales tax-distribution. Complete and submit this preliminary Form DR-420 M-P to the property appraiser. After you have adopted millage rates and budgets, you must give the Department of Revenue a final Form DR-420 M after the final hearing. i certify the millages and rates shown are correct to the best of my knowledge and belief. Citv Manager Signalurs end Title of ChlefAdminislrative Officer 1225 Main Si- ~P),~~, 32Q5~ Address of Phys I Location . 1225 Main Street _ Mailing Addrsss Sebastian FL 32958 City State -p 1 D~ Shai Francis Name of Contact Person 772-388-8205 772-'~gg~a Phone # ~ # ~~ ~. ~t'3AnE OF PEi:{:.AN i>[AhI~? AGENDA TRANSMITTAL Subject: Airport Aviation Fuel Supplier Agenda No. _(~_?=_l ~Z Department Origin: Municipal Airport App a ubmittal by: Joseph Gri_~f'in ~~'~ Finance Director:`~hai L ands City Clerk: Ms. Sally Maio i nei City Manager City Attorney: Mr. Richard Stringer Date Submitted: July 18, 2007 For Agenda of: July 25, 2007 Ezbibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY Sebastian Municipal Airport staff has been working to complete the installation of an aviation fuel (AVGAS) self-serve fuel facility. The fuel facility consists of a 12,000-gallon double- walled fuel tank, approximately four hundred fifty feet of an underground fuel supply line, and a dispensing module positioned on the ramp area of the airport administration building. This project is funded by a $260,000 grant from FDOT and a $65,000 contribution from the City Of Sebastian. Installation of all major components of the fuel facility is in place. Completion of the facility will require the installation of an automatic credit card `reader' and certification of the facility for public use. It is also necessary to select a proper fuel supplier to service the system when necessary. In May 2007, a Request for Proposal (RFP) was published by the City Of Sebastian soliciting proposals from qualified entities to contract with the city to supply aviation fuel (AVGAS/100LL). A copy of the RFP is attached. Three proposals were submitted and copies are attached. All proposals were from `branded' dealers of aviation fuel: Shell Aviation, represented by Eastern Aviation Fuels, Inc (Eastern); Chevron/Texaco, represented by The Hiller Group, Inc (Hiller); and AVFUEL Corporation (AVFUEL). Standards used in the selection process by staff include: 1. Initial inspection/audit and certification of fuel facility at no charge 2. Transport offload training at no charge 3. Record keeping training at no charge 4. Quality control training, manuals, and future revisions at no charge 5. Fuel tank `Soak Test' with laboratory certification at no charge 6. AVGAS 100LL to ATSM 910 standards 7. Transportation of product via approved carrier 8. Fuel order delivery within 24 hours 9. Competitive pricing with Net 10 days via EFT terms I 10. Credit card `merchant services' 11. `Refueler' truck leasing program 12. National advertising by supplier at no charge 13. Sebastian Airport advertising support 14. Training of airport personnel at no cost to the City Of Sebastian 15. Third party Aircraft products/Completed Operations Liability insurance 16. Quality references by a similarly situated airport operation 17. Impeccable customer service reputation The RFP specified a price quote on May 29, 2007. Eastern was the low cost selection at $2.9599. AVFUEL's submittal was $3.0284 and Hiller did not submit a number for the required date. Credit Card Merchant Services terms are virtually the same for all submittals. Liability insurance coverage is a standard offer in the industry. All proposals were similar. If the city were to desire leasing a `refueler' truck forfull-service fuel capability, Eastern and AVFUEL offer incentive lease programs, Hiller did not indicate participation in that type of program. Although Eastern and Hiller were very close in the selection process, it was determined that Eastern is the superior choice due to its customer service reputation and offered assistance to the city for initial `start-up' of the fuel facility. RECOMMENDED ACTION 1. Move to award Eastern Aviation Fuels, Inc. the fuel supply contract for the Sebastian Municipal Airport. 2. Move to approve the Aviation Fuels Contract between the City Of Sebastian and Eastern Aviation Fuels, Inc. X08 AVIATION F~~T:~LS AGREEIYI~'.N'~ STATE OF FLORIDA COUNTY OF INDIAN RIVER THIS AGREEMENT, entered nto this day of JULY, 2007, by and between EASTERN AVIATION FUELS OF NORTH CAROLINA,. INC. of New Bern, North Carolina, hereinafter called "Seller" and the CITY OF SEBASTIAN, hereinafter called "Buyer" as follows: 1. AGREEMENT: Seller agrees to sell and deliver, and Buyer agrees to purchase, receive and pay for from Seller, Buyer's entire requirements of aviation fuels for use or resale at the Sebastian Municipal Airport, Sebastian, Florida 2. TERM: This contract shall remain in force for a period of one (1) year beginning on the lst day of August, 2007 and for successive periods of twelve months each thereafter, unless and until terminated by either party upon notice in writing given at least ninety (90) days before the end of any such twelve-month period. 3. DELIVERIES: The aviation fuels sold and purchased hereunder shall be 100LL Avgas (latest ASTM D-910 spec) aviation fuel as currently supplied by Seller. Deliveries to Buyer hereunder shall be by tank truck at the place of business of Buyer at said Airport in approximately even quantities in such amounts (not less than I.C.C. minimum delivery at any one time) and at such times during business hours as Buyer may direct. It is understood that Seller's obligation hereunder is limited to such grade or grades of aviation fuels as are distributed by Seller, at the time and place of delivery hereunder. 4. PRICING: Buyer agrees to pay for the aviation fuels covered by this contract at Seller's posted dealer price. As herein used, the words "Seller's posted dealer price" mean the price posted and displayed at the time of delivery, at Seller's office at location shown in paragraph 11 hereafter. 5. TERMS: Buyer agrees to pay net 10 days via electronic funds transfer. Seller reserves the right to withdraw these terms and demand certified cash payments on delivery without assigning any cause for such action. The failure or refusal of Buyer to comply with the requirements which the .Seller may impose hereunder as to payment shall entitle- the Seller to suspend (D~ delivery pending such failure or refusal or to terminate this agreement forthwith. The suspension or termination of this agreement because of the failure of Buyer to perform any of the agreements herein contained shall not in any way prejudice Seller's other rights hereunder. 6. ATTORNEY AND/OR COLLECTION FEES: If the Buyer becomes in default of the terms of this agreement, Buyer agrees to a late payment charge on any delinquent balance in the amount of 1.5% per month, 18.0% per annum or the maximum amount permitted by law from the date of default. Buyer. agrees to pay any attorney or collection fees if incurred in the collection of any delinquent balance or the enforcement of this contract. 7. TAXES/FEES, AND AIRPORT CHARGES: Any tax or other charge imposed by any governmental authority or other agency upon the commodity herein sold, or on the production, sale, transportation, or delivery thereof, or any feature thereof or of this agreement, existing at the time of delivery thereunder, shall be added to the price hereunder and paid by Buyer. 8. FAILURE TO PERFORM: If Seller's supplier should at any time during the life of this contract discontinue the marketing of any or all grades of aviation fuels in Buyer's territory, Seller shall be relieved of all obligation to sell or deliver such discontinued grade or grades to Buyer and Buyer shall be at liberty to purchase such discontinued grade or grades from other sources. 9. CONDITIONS: All orders hereunder will be filled with reasonable promptness, but it is mutually agreed that Seller shall not be obligated to furnish goods hereunder, nor be liable in damages for failure to do so, in the event acts of God, strikes, difficulties with its workers, lockouts, fires, foreign or domestic governmental authority, war conditions in this and any foreign country, accident, delays by railway or other methods of transportation, or other causes beyond its control, shall render it impossible for Seller to perform. 10. OTHER PROVISIONS: The proposal dated May 14, 2007, attached hereto shall be incorporated herein and made a part of this contract. 11. NOTICES: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: SELLER: EASTERN AVIATION FUELS OF NORTH CAROLINA, INC. Post Office Box 12327 New Bern, North Carolina 28561 Jlo BUYER: Sebastian Municipal Airport Attn: Airport Director 202 Airport Drive East Sebastian, FL 32958 12. MERGER: There is no arrangement, agreement, or understanding, by or between the contracting parties, expressed or implied, in any manner relating to the subject matter(s) hereof, nor herein specifically stated, and this Agreement shall not be altered, or amended, except in writing signed by both Buyer and Seller. This the day of July, 2007 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Sally A. Maio, MMC City Clerk (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Rich E. Stringer, City Attorney THE CITY OF SEBASTIAN Al Minner City Manager EASTERN AVIATION FUELS, INC. Robert L. Stallings, III, President [(I //a- CtNOF ~~ _ '-~:f~L1E OF PELICAN. ISLAND i.?2,5 ~.1.'~. ~~~i ~~"f.Z?EI' ~ SEBASTIAN, FLORIDA 329 `3 "I'.ELEk''t~ : _'''~? X561) 589-5330 ~ FAX (561) 589-256ti I2E_OU~ST FOR PROPOSAL (RFP A~':lA'CION FUEL SUPPLIER The City Of Sebastian is requestinD proposals from qualified individuals, or firms, to contract with the city to supply aviation t`c.ul (100LL) for the Sebastian Municipal Airport. Sebastian Municipal Airport is a General Aviation airport located in Sebastian, Florida. The selected entity can expect to negotiate with the City Of Sebastian for amulti-year contract to supply the city's 12,000 gallon self-serve fuel facility at Sebastian Municipal Airport. Proposals are to be submitted by 2:00 p.m., local time, Thursday, June 7, 2007, to the Office of the City Manager, City Of Sebastian, 1225 Main Street, Sebastian, FL 32958. Opening of proposals will occur immediately thereafter in the City Manager's Conference Room, Sebastian City Hall. A mandatory pre-proposal conference will be held at 10:00 a.m., local time, Tuesday, May 22, 2007 at the Sebastian Municipal Airport Administration Building, 202 Airport Drive East, Sebastian, FL 32958. Proposals received from firms not in attendance will not be considered. Proposal documents may be obtained by contacting Jean Tarbell, Executive Assistant to the City Manager, City Hall, 1225 Main Street, Sebastian, FL 32958. . Americans With Disabilities Act Notice: Any person needing a special accommodation should contact Jean Tarbell, Executive Assistant to the City Manager, Sebastian, Florida. Phone: (772) 388-8203. Fax: (772) 589-5570. The City Of Sebastian reserves the right to reject any or all proposals, with or without cause, and to accept the proposal that, in its judgment, will be in the best interest of the Sebastian Municipal Airport and the City Of Sebastian. CONTACT: Joseph Griffin Airport Director City of Sebastian 202 Airport Drive East Sebastian, FL 32958 772-228-7001; fax 7078 ~fin(a~ cityofseb asti an. ors 113 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Signature print name and title ~/y ~f t'sLIC ENTITY C'RI:VI#~'.'~ ~'~j:l-~I Any person subrn~t~_~_~ =i ~~~~aote, bid, or propoa~i ?~1 ~.,cJ,.,`.J `~~ this invitation or Agreement, must ~,..: ,_.~~ ::zr~ enclosed sworn stag ~ __ ,:ti':.L ~;eetion 287.133(3)(a), FLORIDA ST.\"('[T a;`~, f ~:~ °UBLIC ENTITY t/~: .-;~ ~:<.~~ ~~::~g proper check(s), in the space(s) pm~~id~:~, ~c~d enclose it with his ~u~;`~~, '-~z~:~, nr °~roposal. If you are submitting a quote, '~,;~i.d ~~~r ,proposal on behalf of ~.ie~~le~s or :.~_~ pliers who will ship commodities and re~ei~;e ~,~,rment from the resulting ~~ it :•:°~~~, ` is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allo~,ved after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate r~isqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. Il5 THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES //(a THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity) business address: and (if applicable) Federal Employer Identification (FEIN): (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is individual signing). (print name of My relationship/title to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that . "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or polo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the ~~~~~~:`.A ~~ i o' any natural person ~~:'~o is active in the management of the entity and who ha>> i~~~er~n •::o;~victed of a public entity crime. The term "affiliate" incluca~~s ~`aose officers, directors, eYecrrtives, partners, shareholders, employees, merx~~becs, ~~z~t.-1 a~~;;n.rs who are active in th=~ ~z:~anagement of an affiliate. The ownership by or~~: ~ci::,~~n. ~:~~ sl~.~~res constituting a con~rolL~,~g interest in another person, or a pooling of cquipir~;nt or income among persons ~Nhen not for fair market value under an arm's lengf~ <~~~~ew:~u~nt, shall be a prima facie 4.t;e i:hat one person controls another person. A person ~ti~1-.o :~~owingly enters into a jen.t ~ enture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to e~~ter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) i~~ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) Date: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007 by (title) on behalf of He/she is personally known to me or has produced as identification and did ()did not () take an oath. NOTARY (seal) name: My Commission Expires: Commission Number: ~~s TE?'`,,i `~f' ~ERVICEPROVIDERAGRE:E`YiENT The initial agreement '.;::r:.: ~ ,:xpected to commence June l ~, 2007, .and will expire September 30, 2010, ~~nl~;: :._: z.~l,;J, at the sole discretion c~f'ti~: ^~ty Ot S,~bastian. Any extension will be for ore ';-'~~ ''-"-_~<,-year term. The initial term ~~~'th~~ :\greernent, and any extended term, may be i.. r~ , a.ae~l by either party giving (120) clays notice to the other parry. If the City Of Seb_~°=`'_:: ~~'ecides to exercise its option to ~~~:~-~:~~d the initial term of the Agreement, it will -.; ~ .^e Supplier notice at least sixty i;60) days before the expiration of the initial tee;:. ~:: tle Agreement. PROPOSAL CONTENTS All proposals. must inclu~ _~ ~:~_~, ;~ minimum the information specified below. Failure to include this information ~:" ~.'_ •:~;riously detract from a proposal and may be cause for its rejection. The inclusion of :.ny additional information that will assist in its evaluation is encouraged. The adequa~~y, depth and clarity of the proposal will influence, to a considerable degree, its et aluation. The proposal submitted must be complete enough for selection to be made based solely on its contents. Each proposal must include the following items: A. Identification of Proposer: Set forth the Proposer's complete identity. For an individual, this includes name, Social Security number, address, daytime telephone number and current employer. For an organization, include the proposing entity's exact name, its legal nature (e.g., corporation, limited liability company, general partnership, limited partnership, etc.), the state or country in which the entity was organized, its Federal Tax ID number, and the names and addresses of the principals who will be responsible for the operation of the business and their positions in the firm. Also list all stockholders, members, partners, or other parties, who own twenty-five percent (25%) or more of the proposing entity, their interests in the entity as a percentage of ownership, and. their roles, if any, in the operations of the entity. B. Proposer's Experience: Supplier must be a long-term aviation refiner and/or marketer with a minimum often (10) years experience in aviation gasoline fuels. C. Full Service Supplier Qualifications 1. Brand Name -Supplier's product must have national brand name recognition. 2. Proposals shall include a narrative of the company's performance record with clients (airports where you provide similar service), including a minimum of three (3) references to include contact person, current address and telephone numbers. 3. Fuel Specifications: The following are expectations of the City Of Sebastian as they relate to fuel. They are to be included in the proposal narrative with any additional items Proposer would like to offer. a. Avgas 100LL: Shall meet the requirements of ASTM D-910 (latest revision). b. Each tanker supplying fuel to the X26 fuel farm shall be dedicated to aviation fuel products only and shall not carry any other product. Supplier/transporter will only transport like types of fuel to prevent fuel contamination and will provide documentation riq of predelivery testing detailing what was previously contained in the delivery vehicle and method of cleaning. 4. Traceability of fuel product shipments, from refinery to X26 Fuel Farm. 5. Supplier will perform and document the following tests before shipments arrive at the X26 fuel farm: a. Visual b. Color c. Bottom sediment and water d. Temperature e. API gravity The City Of Sebastian may perform any additional tests it deems necessary and reserves the right to reject any delivery it deems unsuitable. The City Of Sebastian maintains the right to reject any operator or truck making deliveries. 6. Inspections a. Supplier to provide inspection service at no additional cost. b. State frequency of inspections. c. Items to be inspected include fuel farm and all refuelers regardless of ownership. d. Quality of inspectors employed by Supplier or contract labor. e. Provide written documentation of inspections. . 7. Provide statement that product contains systems icing inhibitor as applicable. E. Professional Line Service Training Program 1. Description of industry associated training to include live action video and/or CD and workbooks specific to the following areas: ground servicing, safety, refueling piston aircraft, towing aircraft, fuel farm management, customer service, and fire safety. Describe on- site training (via contractors and/or salaried employees). a. Frequency of Training. b. Updated Quality Control Manuals that are current and have been completely revised within the last two (2) years. F.Pricing: 1. Aviation Fuel Price: Prices will be quoted on a per gallon basis inclusive of transportation cost (including Port of Entry costs and road tolls, regardless of Port of Entry), but exclusive of taxes and other fees. In addition to the .fuel price, supplier must provide an itemized list of all applicable taxes and fees. a. Assured supply must be guaranteed in a contract tendered along with Supplier's proposal. b. Primary supply point for Avgas 100LL delivered price including freight, Port of Entry and road tolls, but exclusive of all taxes and fees, price per gallon, for either full transport quantities or less than full transport quantities. For comparison purposes, quoted price will be that price in effect on May 29, 2007. Include an itemized list of all applicable taxes and fees. lZa c.~.'rernate supply point far :Vgas IUL~L~ must be the same price as thy„ primary supply point 1:rc:, i?~.:luding freight, Port of Entry ~.:~. road tolls, but exclusi~~e c~.~ all t:~~;~:es ~snd fees. d. ctjnsportation and operati ~~al c~:~~s~:i+~~ ~~-~ases/decreases from the ~~r~~:n~~ry supply ports will ";~ t;~:~~;~~~' tl~~i.gh with documentation a,~;~+~tg the term of the cor.i~r~~ti~t. >~:p~>ri~~r ~,i~all provide a method for c~_~nges in operational costs. e. T~~e City Of Sebastian desir~:;s -to s•~ceive the best possible pricing grid in order to facilitate ~.~: comparison of proposals, it is necessary that all proposals complLtely explain their method of pricing and how it is tied to an available price basis (e.g. OPIS, Cost of Crude, Gulf Coast Platts, market price, etc.). Provide an explanation of method of determining fuel price, timing of price changes, and method of conveying changes to the City Of Sebastian. Conveyance of price changes to the City Of Sebastian shall include verification of price basis used and the City Of Sebastian must be able to verify price on each invoice throughout the term of the contract. 2. Fuel Delivery: Describe method of ordering fuel, turnaround time for delivery of fuel, and provisions for emergency deliveries of fuel. 3. Restrictions: Specify any and all restrictions to be entertained. 4. Contracts: Provide copies of all potential contracts that supplier proposes to use to provide services under this RFP. Include at least the following examples; Aviation Aircraft Fuel Service Agreement; Aviation Retail Sales Agreement; Aviation Dealer Credit Card Agreement; Transaction Processing Policy. 5. Contract Point of Contact: Supplier must provide a single point of contact for all aspects of the agreement. 6. Other: Additional information, proposals or incentives may be provided at Supplier's discretion. G. Credit Card Processing Program 1. The program shall be a nationally recognized online credit card program that integrates with the City Of Sebastian's merchant services agreement. 2. The system must be capable of electronically processing credit cards with monies returned to the City Of Sebastian electronically within forty- eight (48) hours. List the credit cards accepted by the Supplier including at least the following: internationally recognized supplier retail credit cards, Master Card, Visa, Multi Service Card, American Express, and Discover. 3. Supplier shall describe all charge back stipulations in proposal. 4. Identify processing fees associated with various credit card processing. 5. Identify credit card reimbursement timing and method of transferring funds to the City Of Sebastian. H. Payment Requirements and Reporting: 1. Fuel delivery charges/credits will be kept in a separate account from credit card transaction reimbursement/charge backs (if applicable). iZ~ 2. Supplier shall provide sample copies of all reports and statements with the proposal. 3. Supplier shall describe the preferred method of reimbursement and/or charges (i.e. company check, electronic fund transfer, Purchasing Card, I. Line of Credit: Supplier shall provide adequate line of credit with functional credit terms with or without discount. Proof of the line of credit shall be submitted with the proposal. J. Support Services 1. Insurance Program: Supplier will provide details of insurance program. 2. Quality Control and Assurance Guarantees Quality Control Program must include at a minimum: a. Bi-annual fuel farm inspections and documentation. b. Filters for change outs on fuel farm, at least annually, or more frequently as dictated by federal regulations. c. Filter changes and cleaning of system if it is determined that a .contaminated load of fuel was received into the Sebastian Municipal Airport fuel farm. K. Brand Identification Indicate availability to provide and install brand identification to include, but not be limited to, a sign at the self-service fuel facility. L. Insurance All Proposers must furnish proof of acceptable insurance. A copy of the Proposer's current insurance certificate or a statement from the firm's insurance company or authorized representative verifying the firm's ability to obtain the insurance coverage stated herein shall be submitted with the proposal. The minimum required insurance coverage is not intended to, and shall not in any manner, limit or reduce liabilities and obligations assumed by the Proposer, its agents, employees, or subcontractors. Supplier shall procure and maintain at its own expense the following types and amounts of insurance with deductible limits acceptable to the City Of Sebastian for the term of the Agreement: 1. Commercial General and Umbrella Liability Insurance, which shall include liability arising from independent contractors and contractual liability, written on ISO occurrence form. The Supplier shall carry limits of insurance no less than the following: Premises/Operations Coverage $10,000,000 Each Occurrence Products/Completed Operation $10,000,000 Each Occurrence Personal Injury & Advertising Injury $10,000,000 Each Occurrence General Aggregate $10,000,000 Annually Fire Legal Liability $ 50,000 Medical Payments $ 5,000 The City Of Sebastian shall be an additional insured on the General Liability policy. The Supplier's insurance will be primary and include a waiver of subrogation, in favor of the City Of Sebastian. 2. Business Auto and Umbrella Liability, which includes contractual liability, shall be carried with a Bodily Injury & Property Damage Limit IZZ not less than ?,000,000 ~~..~~ ~w:~deiit. Such coverage shall Lover liability arising out of any auto (inc'_~xlrit; auto, hired, and non-owned autos). The City Of Sebastian shall L-, :~~i ~~dc itic~nal insured on the Business Auto policy. A waiver of subs-.,~,;~.+:icn, in savor of the City Of Sebastian is required for this coverage. 3. Worker's coxnpensatio~..l -~;~.1 ~~r~.ploy~~r's liability insur~~nce 'n an amount required by Florida stag: '.~~:•~:v. ~~,rnployers Liability limits of at least the following are xeq~_lired: Per Employee $1,000,000 (;~`~.cciaent) Per Employee $1,000,000 (~~isease) Policy Limit $1.,000,000 (Disease) A waiver of subrogation, in favor of the City Of Sebastian, is required for this coverage. 4. Property coverage in an amount sufficient to protect the City Of Sebastian from a logs as a result of damage to its property under the Agreement. 5. Evidence of Insurance: An original hand signed certificate(s) evidencing the insurances as specified above and referencing this agreement shall be sent to the City Of Sebastian prior to the execution of the Agreement. The certificates of insurance must be issued by a company or companies acceptable to the City Of Sebastian. The City Of Sebastian reserves the right to reject insurance written by an insurer it deems unacceptable because of a poor financial condition or other operational deficiencies. The City Of Sebastian reserves the right to request and obtain certified copies of all required policies. Subsequent renewal certificates shall be delivered to the City Of Sebastian at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on or after the expiration date of this Agreement. PROPOSAL EVALUATION AND SELECTION A. Criteria The following criteria will be considered for comparative evaluation; however, the order of listing does not imply their relative importance or weighting: 1. Quality of Operation -The ability of the Proposer to provide a full service program and to operate in a quality customer service oriented fashion. 2. Professional Experience -The past experience of the Proposer in successfully operating similar aviation fuel services. 3. Fuel Price 4. Financial Capability -Whether the Proposer exhibits the necessary financial responsibility and strength to successfully open and operate as a fuel supplier. 5. Credit Card Processing Program B. Evaluation Process (23 After reviewing all submitted Proposals, City Of Sebastian Staff shall certify Firm(s) as qualified and forward all Proposals to the City Of Sebastian City Manager. C. Negotiation and Execution of Service Provider Agreement ` Proposers are placed on notice that any agreement ultimately will be negotiated. The City Of Sebastian may choose to negotiate with more than one (1) Proposer, or to request other Proposers to stand by for possible discussions should negotiations with the selected Proposer fail to result in an agreement. Any negotiated draft agreement is not binding on the City Of Sebastian until approved and executed by the City Of Sebastian City Council. D. Nonconforming Proposals The City Of Sebastian anticipates awarding the Agreement under the terms and conditions set out in this RFP. Proposers should bear in mind the competitive nature of the Proposal process and the fact that the City Of Sebastian will be looking for the Proposal which offers the best advantage to the Sebastian Municipal Airport and should draft their Proposals accordingly. The City Of Sebastian not obligated to accept any Proposal, whether conforming or nonconforming. F. Review of Proposals by the General Public Responses to this Request for Proposals are public records available for inspection by the public. AUTHORITY'S RIGHT TO REJECT ALL PROPOSALS This Is A Solicitation For Proposals Only. The City Of Sebastian Is Not Obligated To Accept Any Proposal Or To Negotiate With Any Proposer. The City Of Sebastian Reserves The Right To Reject Any Or All Proposals. I2y Shell Aviation Eastern Aviation Fuels, Inc. ~~ May 14, 2007 Presented to: City of Sebastian Joseph Griffin, Manager Sebastian Municipal Airport Sebastian, FL Dear Joseph, 'Thank you, for the opportunity to submit a proposal for you facility in Sebastian. Please find enclosed a more detailed proposal regarding all of our programs and services we have discussed in general. Keep in mind that we are willing to adapt this proposal to meet your specific needs and requirements. I look forward to working with you and will contact you shortly to see if you have any questions or require additional information. Sincerely, Kevin L. Bishop Sales Representative Eastern Aviation Fuels 931-607-3630, 1-800-334-5732, kbishop@easternaviationfuels.com Incentives Initial Inspection and Audit Transport Offload Training Record Keeping Training Quality Control Training Soak Test with Lab verification of sample(cost of test payable back to Eastern Aviation should another Fuel Vendor other than Eastern be selected. Cost is estimated to be $1300.00 for Test and $100.00 for Hazmat Shipping.) Performed On-Site by Eastern Aviation Personnel! /Z5 CORPORATE HISTORY Eastern Aviation Fuels is a leading marketer of aviation fuels and related equipment in the United States. Our longstanding supplier relationships provide our customers competitive pricing, dependable supply, and business-enhancing support programs. Our team is dedicated to providing the necessary services and supports that will enhance your business to take it above and beyond the rest. Robert L. "Buddy" Stallings, III, founded Eastern Aviation Fuels in 1975 in New Bem, North Carolina. For over a quarter century, Eastern has been exclusively dedicated to the aviation industry. Serving aviation is Eastern's only business. Eastern Aviation Fuels' growth is, in part, accountable to its aggressive acquisition initiatives. Consolidation through acquisition of all the Air BP distributors in the Southeastern and Mid-Atlantic states, coupled with superior customer service and attention to detail helped to establish Eastern Aviation as a leading marketer in the east. With the acquisition of the Shell Brand, Eastern has continued its' growth to the west coast. Our market share of FBO's in the Mid-Atlantic region is over 63%. Currently, the company's dealer network has grown to well over 300 FBO's and also serves many airlines, corporate flight departments, helicopter operators, and aerial applicators. These customers are serviced by a "flying" sales force in company aircraft, strategically located throughout the US. Eastern Aviation Fuels' attention to its customers is unmatched anywhere in the aviation industry. Our customers are our partners. EXECUTIVE SUMMARY Eastern Aviation Executive Summary Profile: President: Robert L. Stallings, III established Eastern Aviation Fuels, LLC and has served the aviation industry in aviation fuels and services for the past twenty-nine years. Eastern Aviation Fuels has grown the Shell Aviation brand to encompass the largest market share of airports east of the Mississippi River. Eastern Aviation Fuels number one goal is providing customer service and impeccable attention to detail. Office 800-334-5732, Fax 252-633-3125, E-Mail - bstallings@easternaviationfuels.com Vice President: Robert L. Stallings IV Office 800-334-5732 Fax 252-633-3125 E-Mail - rstallings@easternaviationfuels.com iz~ 2 Sales Manager: Mike Allen Office (919) 850-619 Cell (919) 740-93fl6 E-Mail - mallen@east~srnzwiationfuels.com Customer Service Manager: Lynn Weyerhaeuser Cell (252) 670-656 E-Mail- lynnw@easternaviationfuels.com Sales and Marketing: Mike Barron Office (281) 464-3303 Cell (713) 459-9700 E-Mail- mbarron@easternaviationfuels.com Southeast: Kevin Bishop Cell (931) 607-3630 E-Mail - kbishop@easternaviationfuels.com PROPOSAL FOR AVIATION FUEL SUPPLIER Product Quality Meet ASTM Specifications. Shell Jet A meets the requirements of ASTM D-1655 (latest) or such other specification that may be established by applicable governmental regulation or industry standard in the future. Shell Avgas 100LL meets the requirements of ASTM 910 (latest) or such other specification that maybe established by applicable governmental regulation or industry standard in the future. Complete certificates of analysis on all aviation fuel shipments. Refinery batch reports are supplied for each delivery showing the specification analysis of the product. Traceability on all shipment back to refinery. Refinery Batch Reports or Terminal Acceptance Reports provide traceability on all shipments back to source and warrant that each load meets or exceeds applicable specifications and quality control requirements. Transportation of product via approved fuel carrier. Shell Aviation fuels will be delivered by Shell approved carriers. Aviation fuels are loaded according to strict adherence to maintaining quality control from point of loading to unloading. All trailers will be dedicated Aviation only and product specific. Other. Shell Aviation has provided and distributed quality control manuals that are current and have been completely revised within the past year. Subject manuals and future revisions are provided at no charge. These manuals cover all aspects regarding quality control from receiving product through the farm, refueler, and into the aircraft. 3 IZ~ Supplv/Fuel Prices Assured supply Shell Oil Company and Eastern Aviation Fuels will assure supply via direct contract and supply the following aviation fuel requirements to your FBO. Most fuel orders are delivered within 24 hours or less of receipt of order. Shell has access to the following locations that produce aviation fuel: Mobile AL Shell Motiva Birmingham AL Shell Motiva Columbus GA Doraville GA N. Augusta GA Savannah GA Jacksonville FL Tampa FL Shell Motiva Fort Lauderdale FL Shell Motiva Cost per gallon Valid 05-29-07 thru 06-04-07. Avgas 100LL will be based on Shell's weekly posted rack price at the prevailing supply terminal. Primary Supply Terminal: Tampa, FL Secondary Supply Terminals: Pt. Everglades, FL Savannah, GA Product Avgas 100LL will be based on Shell's weekly posted rack price. Avgas 10011- $2.8679 Freight Rate/gallon-$0.092 Total FOB delivered-$2.9599* * Please note totals are exclusive of all taxes or fees Applicable Taxes and Fees Taxes Federal Excise FL State M.F. FL Pollutant Terms et $0.244/gal. $0.0690/gal. $0.020718/gal. Avgas $0.194/gal. $0.0690/gal. $0.020718/gal. Net 10 days EFT or your current supplier terms with approved credit. IZ~ 4 Quality Control :l'r~pf~n Quality control a~:d proper fuel handling are paramount, and at Shell "QC" is a top priority. Our f~lli-time quality control personnel schedule free regular on-site visits to assure the highest fuel quality standards. QC technicians perform a multitul~ c f ,:gists to insure fuel cleanliness and inspect the overall condition of refueii~lg ;;quipr7lLnt. The best way to assure quality fuel is by educating those who handle it on a daily basis. Daily operation and inspection forms to assist you ~~,: ith record keeping are available upon request. We conduct regional Quality Control seminars, which combines classroom instruction with practical application of fuel handling procedures, techniques, and safety. In conjunction with these free seminars, we also offer FAR Part 139 fire training and Hazmat shipping certification of aviation fuels. Our representatives will keep your line personnel abreast of the latest industry standards. .~ ~~' Shell provides 24-Hour QA Emergency Service. Quality Assurance personnel are on staff at our toll free number to answer your QA questions and assist you with any problems. Whether it is addressing fuel-handling issues or troubleshooting equipment repair, recommendations from our experienced representatives will help keep your operation running smoothly. Supplier provides inspection service at no cost. Our inspection will be at no cost under our Contract with your FBO. Frequency of Inspection. We will inspect your fueling facilities and equipment on a bi-annual basis. Items inspected: fuel farm and all trucks. Shell will provide an inspection on the fuel farm and the fuel trucks located at your Airport and change filters on trucks and fuel farm facilities on an annual basis. 5 i zq Quality of inspectors employed by Supplier. Shell provides supplier employed inspectors for the QC of Fuel Farms and Refuelers. These inspectors will have at least 10 years experience. Provide written documentation of inspection results. Your FBO will receive written documentation of each inspection with results and recommended requirements. Credit Card Program The Shell Aviation card is recognized throughout the aviation industry, with over 1000 dealer locations worldwide accepting it. Shell's automated Credit Card Processing Program is designed to be cost-effective, convenient, and easy-to-use for you and your customers. The platform consists of the VeriFone Omni 3200 payment terminal which simplifies transaction processing with features that include an integrated printer. Credit cards accepted. Credit Card Rate Shell Aviation 0.00% Shell MasterCard 1.00% with 1%-3% rebate program. Visa 2.375%* MasterCard 2.375%* Discover 3.0% American Express 3.25% Multiservice 3.0% AvCard 3.00% Government 0.00% *Qualified transactions: Card must be present at point of sale and all transactions must be submitted the same day of sale or rate may be higher. Processing fees associated with card processing. (As stated in no. 1 above.) Shell Oil Co. reserves the right to amend the terms and conditions of the Credit Card Program at any time. Government (State and Federal) card processing and fees. Cards are processed manually and accepted at 0.0% transaction fee. Credit card acceptance/authorization procedure and cost. Cards are processed and authorization received through our VeriFone Omni 3200. All 13D 6 credit cai•rl ~->-~~~~.A ~aachil~es and supplies throughc~~~.t ~~:a~e cr5r~tract period will be prnti~~le~~a ~~ree of charge. Credit card r:~r~~#;urs~~j~ent time and method ba~:'...~, EpC~. Daily activity reports art , :,~; rr;ci ~~ asist dealers with acco~r~jt ~ + ;nr„~I_,ati+~n. Our EFT program =.vii11-~rt funds directly to your account tiv~r~~i;? tz> hor.rs eliminating paperwork ~ti~d :~~rre~trnlining your operation. Shell has a ari+l~re branding program that will ac_,i~t .your l~'BO in card transfers and =;: s slit application process for thei• ~silued and based customers fo~• :''J days after changeover. Contract Fuel I :~ irline Intoplane Shell Aviation nd Eastern Aviation Fuels have developed the most innovative Contr~~ct Fuel Program in the industry. The program is web-based and provides easy access for participating dealers and contract fuel customers. Flexibility is the foundation of our program. This program is offered to all Shell branded dealers and participation is voluntary. The program is designed for all FAR Part 121 or 125 flights and FAR Part 135 cargo, air ambulance, and scheduled airline operators. Participating dealers have full control to establish aninto-wing (uplift) fee that provides the customer with a competitive rate while maintaining your desired margin. The invoicing system is extremely flexible allowing for a wide range of into-wing pricing options. Best of all, you will benefit from improved cash flow because Shell reimburses the dealer within 48 hours of each point-of-sale transmission via electronics funds transfer. All fuel transactions on the program will be free. The Shell Aviation Contract Fuel Program also provides exposure and advertising for participating dealers through direct mailers, weekly e-mails and tradeshows (including NBAA and the Schedulers & Dispatchers Conference). Eastern Aviation Fuels is capable of inventorying fuel for any non-scheduled FAR 121 charters that are not capable of being handled by the contract fuel program. EAF would be responsible for collecting your into-plane fees from each airline and remitting these fees back to you. EAF currently has direct account relationships with many NBA, college football, and casino junkets as well as all fuel brokers. EAF proposes to handle any of these "airline" transactions in any way you chose. 131 Refuelers i3,z Eastern Aviation Fuels has the most innovative refueler-leasing program in the industry. We design a lease program to suit the needs of each customer. An unmatched inventory of aviation refuelers provides us the flexibility to exchange truck sizes and provide temporary relief or loaner units associated with maintenance or special events. Our refuelers are made to exact specifications with every available safety device and quality equipment throughout. Ranging in size from 1000 gallons to as large as 5000 gallons, Eastern Aviation Fuels will customize a program that meets the needs of each customer. To support our program, we maintain a dedicated refueler maintenance facility, staffed with skilled technicians ready to respond on an emergency basis. Available through supplier. Shell Aviation will supply 2006 or 2007 Avgas and Jet-A trucks as needed by the FBO. All trucks include a 1 year bumper to bumper warranty'. Size of truck availability -let A. Shell Aviation provides several truck sizes as follows: 2200 Jet, 3000 Jet, 5000 Jet. The tanks are mounted on International diesel chassis. Each unit has (3) hosereels (1 - singlepoint and 2- overwing). Size of truck availability - AvGas 100LL. Shell's avgas trucks are 1,000 gallon Ford F 450 diesel trucks. Maintenance provided on refuelers. Eastern Aviation Fuels will be responsible for all major maintenance on the refuelers. Flexibility to change truck size. Shell will provide additional trucks as needed, based on volume or added special fuel contracts. Responsibility for filter changes. Eastern Aviation will be responsible for all filter changes as needed for all refuelers under this Contract with your FBO. 8 Availability of back-up refuelers ~r, ~:~Lt special needs to temporarily replace refuelers out of service f>r r:~echanical repair. Shell will provide backup fu`.1 trucks as needed. W~~ -.~; ill also provide additional trucks for special et~eras as requested. The or ; , ~::;o~ to the airport or FBO will be the freibht cost ~ of transporting loaner tr~~:~ks. z~~, _~-; Jet A Refuelers 9 l33 Avgas 100LL Refueler -Ford F4501000/750 gallons. $700/month Jet-A Refueler - Internationa12200 gallons. $1100.00/month ~~ ~ ~;a. ,~ ~ ~ ~, Jet-A /Avgas Refueler -International Advertising and Promotions gallons. $1400/month National advertising by Supplier in trade journals and magazines. Shell, at no charge to your FBO, advertises extensively in the various national. aviation trade journals and magazines. Shell Aviation customers enjoy the value of Shell's overall national, regional, and local advertising. Additionally, Shell's FBOs are promoted at the NATA and NBAA conventions. Also, Shell FBOs enjoy the following dealer benefits: Shells' Quarterly Newsletter -Keeping you informed and educated. AIRNAV -Your first year's subscription is on us. ACUKWIK -Discounts on your ad. l~~f to Jet-A Refueler -International 5000 gallons. $2400/month Support by supplier- of I+`130 advertising. Shell _\viation will reimburse 50% of the costs associated with the advertising that is within the guidelines of the Shell Aviation ~:ooperative Advertising Program. Reimbursement is limited to a maxi mul;. ~,f a !i~ : eat per gallon on retail r,allors. The funds may be accrued on an an~a~~al basis. Aviation directs}ry ~:a~~t~ort by Supplier. Shell ~T.-iation cooperative advertising funds r~?ay b~ :used for aviation directory ss~_~ ~p~rt ~i.e. ads in the AC-U-KWIK direcao, y). Sales aid items prj~viclecl through Supplier, and cast thereof. Shell Aviation sales aid items .logo merchandise) are available through Shell's Merchandise Collection (S'~ellAviatioraStore.com). All merchandise costs may be paid for with 50% co-op Rinds. Branded Uniform Program. The purchase of branded uniforms through an approved company qualifies for co-operative advertising reimbursement. Type of signage available and at what cost to FBO. Having great visibility from the taxiway is important when attracting pilots to your FBO facility. Shell Aviation dealers -are featured in Shell's North American Handbook which lists all current dealers in the U.S. and Canada. This directory is sent out to corporate flight departments to help them locate Shell dealers. Also, the FBO benefits from exposure on the Shell Aviation website. Shell will provide an illuminated pole or wall mounted signs free of charge. 11 ~~~ Industry Involvement/Commitment Trade show participation by Supplier. Shell Aviation participates in all major aviation trade shows, State Aviation shows, NBAA, AAAE, NATA, and many major Airshows. Membership in industry organizations such as NBAA, NATA, AOPA and AAAE. Shell Aviation is a member of all major Aviation organizations and participates in local and national Conferences. Supplier's personnel devoted exclusively to aviation. Shell Aviation and Eastern Aviation Fuels are devoted 100% to the aviation industry in fuel sales to air services, corporations and FBO support/promotions in the aviation business world. We have 48 full-time aviation employees. Involvement with FBOs nationwide. The Shell dealer network has 1000 FBOs worldwide and over 300 locations in the continental US and Canada. With new dealers being added monthly, Shell is the fastest growing chain of FBOs in the world. Supply contracts with national and regional airlines. We will supply any regional or national airline service by indirect or direct contract fueling that is needed. We are supplying many regional and national airline services. We will provide negotiations with airline services and aircraft contract services for your airport. Responsiveness. Customers have the option of placing fuel orders on-line or by phone, including weekends and holidays. Our Quality Control staff is also on ca1124/7 in the event that the FBO develops problems with either refuelers or the fuel farm. In the event that a refueler develops a problem, our QC department will expedite necessary repairs and even provide a loaner refueler if necessary. We understand the needs of FBO owners and when problems ~~ / 12 develop c;.~-:~ ,:~r•=ii;-e staff is there to help - :_::•~s, nights, weekends, and holidays. FBO Pr~~-~~~~~`~r~~~~i, ;hell Aviation and Eastern _~.-,~~:~ion fuels are involved in the succ~~~.::~~_~ :_~cz :~} our FBO customers. ~'•,t -?~,~• ?~BAA convention Shell opens its ~~~.~~'i to {~JO participation. Each p3rt~~tp~ting FBO has their own kiosk fr~~ln ~.~~~ic;'n to meet prospective custor,:_ier; and can take advantage of increased tf.,;l:ic due to the association of the lar~ve Shell booth. In addition, Shell and '~~s-°rn Aviation Fuels feature th~~~.r dealers in major trade publicatio«:~~ ~h~_;t i`~iQ.'nlight the FBO facility in Site's "Dealer Showcase" ads. Examples cif these FBO customers are Wilson Air Center at Memphis Internation~~a ~~irport; and Piedmont Hawthorne Aviation at Raleigh-Durham Airport, Nor~oik International Airport, Piedmont Triad International Airport, and Washington-Dulles Airport; and Signature Flight Support at Lambert Field-St. Louis. Training Shell believes the best way to assure quality fuel is by educating those who handle it on a daily basis. Our QC training classes touch on daily operations and inspection forms to assist you with record keeping. Shell now offers the Aviation Competency and Education (ACE) program. ACE is a computer based interactive training program on CD that covers line services and fuel handling. Every Shell FBO will receive this outstanding training tool Free! Description of training offered. Shell Aviation and Eastern Aviation Fuels offer QC training on .fuel facilities, fuel tnicks, Part 139 fire fighting and fuel testing. The curriculum followed is based on the ATA Spec 103. Your staff . will receive certificates of completion for each of these training programs. • Ground Servicing • Safety • Refueling of Piston Aircraft • Refueling of Turbo Prop Aircraft • Refueling of Jet Aircraft • Aircraft Towing • Fuel Farm Management • Customer Service • Fire Safety The Shell Aviation and Eastern Aviation Fuels Program have set the standard for line service training. This program is the newest state of the art training tool available in the industry. Frequency of training. Every year we will provide training classes in your area. Classes are provided at no cost to you, other than the cost of transportation and lodging. (Meals will be provided.) Training recognition programs. Your staff will receive certificates of completion issued by Shell Aviation and Eastern Aviation Fuels. 13 I37 FAR 139 Fire Training and I3AZMAT Shipping. Eastern Aviation Fuels is approved by the FAA to teach and certify FAR 139.321 and Hazmat training for the shipping of Aviation Fuels. We have incorporated this instruction into our Quality Control Seminar, offered at no cost to our customers. This seminar covers all aspects of aviation fuel quality from the receipt of product from the delivering transport, to the checks that must be carried out at regular intervals on fuel storage facilities and refuelers, and to the dispensing of fuel into the aircraft. The FAR 139.321 phase of the seminar covers fire prevention, fire mitigation, and spill mitigation. As required by FAA, this seminar instructs companies that deal with the fueling of planes that have a capacity of 30 passengers or more. At least one supervisor is required to have a certification, and can then do on the job training. This training and certification process is in three phases. The participants are shown a video covering the required subject. This video is approximately forty-three minutes long. This is followed by a test and discussion by the instructor. After successful completion of these parts of the course, the participants are given a verification form with six areas to be covered by the local fire authority. At the completion of the seminar, a certificate is issued to the individual by Eastern Aviation Fuels. Hazmat training will be conducted by PowerPoint presentation and classroom instruction provided by Eastern's Quality Control Personnel. This training is required for the shipping of aviation fuel samples. Having this certification will save your FBO time and money should you ever need to send a sample. All of Eastern's sales representatives are certified to ship aviation fuel samples. Insurance Shell will provide the Airport or FBO with $50,000,000 third party Aircraft products/Completed Operations Liability insurance with respect to Aviation fueling operations free of charge. This is available if you provide the following information along with a Certificate of Insurance: 1. Name both Shell Aviation and Eastern Aviation Fuels as additional insured parties as suppliers of aviation petroleum products, including refueling, de-fueling and/or lubrication of aircraft. 2. Reflect a minimum limit of $500,000 each occurrence combined single limit for third party bodily injury and/or property damage, without restrictive per-person sub-limits for bodily injury. Acceptable liability coverage must include products, premises, and completed operations. Eastern Aviation now offers competitive FBO insurance provided by Eastern Aviation Insurance Company. Our agents have over 28 years experience in the aviation insurance industry. C 38 14 Fc?r -~~ore.inforrnation please contact "C:~rr~ r~it. ~~ 888-678-1880 or visit our ~:.°ebsite at rv~::~w.easternaviatioiunsura;_~:,~ti;.cr.: ~n uali[icati~~~sll2eferences Shell has gl;hal brand recognition and pre~cnce and has the fastest growing chain of FBOs in the world. The Shell r.Lt~ork of dealers includes over 1000 FBOs worldwide with new dealers being a~ld.ed .monthly. There are over 350 strategically !orated in the Continenr_al US :~rd Ca~~ada. Shell's supply of jet and avgas to your FBO is not dependent on second party contracts, spot purchases, or other acquisition methods. We regard our dealers as business partners, and this unique relationship has produced a wide array of programs dedicated to enhancing your bottom line and attracting aircraft to your ramp. By joining the Shell Aviation branded dealer network, your FBO will benefit from our professional world-class service and outstanding dealer support. At the conclusion of the first quarter of 2004, the dealer network has grown to over 300 FBOs nationwide. Eastern Aviation Fuels, established in 1975 by Robert L. Stallings, has served the aviation industry exclusively, providing its customers with outstanding customer service. and impeccable attention to detail. With professional "flying" aviation sales staff, FBOs are assured that we understand their business and have the knowledge and tools to make it grow. 15 13 1 A list of References is as follows: FBO A1rUOrt Contact Information Landmark Aviation Washington-Dulles Dean Harton 800-393-4908 Wilson Air Center Memphis Intern. Bob Wilson 800-464-2992 Sun Jet Center Vero Beach, FL. Bump Holman 800-580-7631 Ft. Pierce Air Center St. Lucie Co. Inter. Errol Houck 800-446-7830 Corporate Flight Mgmt. Smyrna, TN David Augustine 800-854-1335 Warren County Memorial McMinnville TN James Stephens 931-668-7050 Rome Municipal Airport Rome GA Mike Mathews 706-295-7835 Atlas Aviation Tampa FL Derick Dymersky 863-944-6630 Macon Jet Center Macon GA Bo George 478-808-0355 Epps Aviation Atlanta GA Ben Epps 770-458-9851 Lowe Aviation Macon GA Henry Lowe 478-788-3491 Palatka Kay Larkin Palatka FL Donna Franklin 386-329-0148 Charlotte County Punta Gorda FL Wayne Coulter 941-639-1101 Space Coast Jet Center Titusville FL Annette Benson 321-267-6043 `i{~ 16 `-t STATE OF COUNTY OF THIS AGREEMENT, entered nto this between EASTERN AVIA-~lOi~1 P=Ui=~.`~~, INC. called "Seller" and ___ __ "Buyer" as follows: 1. AGREEMENT: Seller agrees to sell and deliver, and Buyer agrees to purchase, receive and pay for from Seller, Buyer's entire requirements of aviation fuels for use or resale at the Airport, at or near 2. TERM: This contract shall remain in force for a period of five (5) years beginning on the1 st day of 200_, and for successive periods of twelve months each thereafter, unless and until terminated by either party upon notice in writing given at least thirty days before the end of any such twelve-month period. 3. DELIVERIES: The aviation fuels sold and purchased hereunder shall be the regular grade or grades of aviation fuels as currently supplied by EASTERN AVIATION FUELS, INC. and deliveries to Buyer hereunder shall be by tank truck at the place of business of Buyer at said Airport in approximately even quantities in such amounts (not less than I.C.C. minimum delivery at any one tt~:. )(~"~. - ,~~ t such times during business hours as Buyer may direct. It is understood th.a. S 'f obligation hereunder is limited to such grade or grades of aviation fuels as.:_ e~ i ~ ibuted by Seller, at the time and lace of deliver hereunder. --!`~`~. ~"' .` p Y _.j ,~~ ,f y 4., PRICING: Buyer ~. '~ . s;.~}~~y r the aviation fuels covered by this contract at Seller s posted dealer li~ , ~{llierein used, the words Seller s posted dealer price" mean the price posted an- ~ isplayed at the time of delivery, at Seller's office at location shown in paragraph 1' hereafter. 5. TERMS: Buyer agrees to pay cash at time of delivery for all such aviation fuels. If Seller shall extend credit to Buyer, Buyer agrees to pay for all such aviation fuels via EFT (Electronic Funds Transfer) 10 days from invoice date. Seller reserves the right to withdraw these terms and demand certified cash payments on delivery without assigning any cause for such action. The failure or refusal of Buyer to comply with the requirements which the Seller may impose hereunder as to payment shall entitle the Seller to suspend delivery pending such failure or refusal or to terminate this agreement forthwith. The suspension or termination of this agreement because of the failure of Buyer to perform any of the agreements herein contained shall not in any way prejudice Seller's other rights hereunder. AVIATION FUELS CO~~'i~RACT day of .2007, by and of New Bern, North Caroiir~a, hereinafter hereinafter called l~f / If Buyer's account with Eastern Aviation Fuels is in arrears, the Buyer hereby agrees that the Seller, at his discretion, may request credit card companies to reimburse Eastern Aviation Fuels with Buyer's credit card receipts and hereby authorizes the credit card company to send credit card reimbursement to Eastern Aviation Fuels. It is further agreed that the Seller, in lieu of reimbursing Buyer for credit card receipts, may apply the reimbursement to the outstanding balance on Buyer's account. 6. ATTORNEY AND/OR COLLECTION FEES: If the Buyer becomes in default of the terms of this agreement, Buyer agrees to a late payment charge on any delinquent balance in the amount of 1.5% per month, 18.0% per annum or the maximum amount permitted by law from the date of default. Buyer agrees to pay any attorney or collection fees if incurred in the collection of any delinquent balance or the enforcement of this contract. 7. TAXES, FEES, AND AIRPORT CHARGES: Any tax or other charge imposed by any governmental authority or other agency upon the commodity herein sold, or on the production, sale, transportation, or delivery thereof, or any feature thereof or of this agreement, existing at the time of delivery thereunder, shall be added to the price hereunder and paid by Buyer. 8. FAILURE TO PERFORM: If Seller's supplier should at any time during the life of this contract discontinue the. marketing of any or all grades of aviation fuels in Buyer's territory, Seller shall be relieved of all obligation to sell or deliver such discontinued grade or grades to Buyer and Buyer shall be at liberty to purchase such discontinued grade or grades from other source (±i 9. CONDITIONS: All orders h u~ cr~'will be filled with reasonable promptness, but it is mutually agreed t le ' all not be obligated to furnish goods hereunder, nor be liable in dama s•~ r,. r ' o do so, in the event acts of God, ,. ,,, strikes, difficulties with its ,; ' ~c~~>~~ ~ ' uts, fires, foreign or domestic governmental authority, war conditions i~~, ~ny foreign country, accident, delays by railway or other methods of transport~.t' ' , or other causes beyond its control, shall render it impossible for Seller to do. ' 10. TRADEMARKS: Seller grants to Buyer a nonexclusive, non-transferable right to use the "Shell Aviation" brand or licensed trademark in connection with the sale of Aviation Fuel at Buyer's FBO. Buyer will conform to the branding rules of usage set forth by Seller. Nonconformance to these rules will result in the de-branding of the Buyer's FBO. 11. HEALTH, SAFETY & ENVIRONMENTAL ("HS&E") COMPLIANCE: (a) Product Handling -Buyer shall exercise extreme caution in the storing, handling, and dispensing of Aviation Fuel, including daily inspection of all storage and dispensing equipment to prevent or eliminate contamination in any form, including `~~ commingling with other .a~~:.s. Buyer shall, immediately noii~y Sr~ller of any instance of Aviation Fuel contaminati~; or commingling with other f~~~~:s. (b) Environmental_~_orr: lip ante -Buyer shall obs:~,rv s~ny and all federal, state, and municipal laws, o~:ai~~~:r~ces, rules and regulations, u~~r permits, and the like pertaining to the corn::~si~i~.,t~, handling, storage and .i;:~~nnsi~~g of Aviation Fuel purchased hereunder inwii~~:~ing, without limitation, any ~: ~cf <II lalNS, ordinances, rules and regulations pertair~i~~:• 7 ~:~~ Lhe ~.~olatility or vapor pra~.;~_~r: of A~.iiation Fuel and the storage of same in abo~.~~-~~ cund or underground stora~,~ ,:_:~r;ks, 3uyer shall comply with any reasonable pro~rarn instituted by Seller to assur; c.ompli<~nce with any such laws, ordinances, rules :and regulations. 12. INSURANCE TO BE MAINTAINED BY BUYER: 3uyer shall purchase and maintain at Buyer's expense the following insurance coverage in order to be a branded Shell Aviation FBO: (a) Commercial General Liability Insurance, including premises and operations as well as products/completed operations liability for aviation products and refueling operations with minimum limits of five hundred thousand dollars ($500,000) without restrictive per person sub-limits for bodily injury and/or property damage. (b) Name both Shell Aviation, d.b.a. Shell Oil Products Company U.S., LLC and Eastern Aviation Fuels, Inc., as additional insured parties with respect to liability arising from Buyers aviation operations.. Operations including refueling, de-fueling and/or lubrication of aircraft. Excess Aviation Refueling Liability Insurance in the amount of 50 million dollars (550,000,000) will be provided Buyer free of charge provided Buyer secures and maintains said underlying insurance. In the event Buyer is able to secure said ins, ~an ,_~y with 5100,000 per-person sub-limits for bodily injury Buyer will be per,r-Tj' fed t~'be a branded Shell Aviation FBO, but will not be eligible for the 50 milliQd~~e. ~~ lability insurance program. Buyer may elect not to part. `~~ ~ ~xcess Aviation refueling Liability Insurance program, but will be requir~to ~in insurance meeting the above criteria to be a branded Shell Aviation FBO. `., 13. NOTICES: Any notice given by one party to the other~in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: SELLER: EASTERN AVIATION FUELS, INC. Post Office Box 12327 New Bern, North Carolina 28561 Buyer: Attn: Airport Manager Post Office Box 143 14. MERGER: .There is no arrangement, agreement or understanding, by or between the contracting parties expressed or implied in any manner relating to the subject matters hereof nor herein specifically stated, and this Agreement shall not be altered or amended except in writing signed by both Buyer and Seller. This the day of , 2007. EASTERN AVIATION FUELS, INC. By: WITNESS: WITNESS: Robert L. Stallings, III, President By: ,, _ r',~J ~"~ ,~, 1.- .~l _~ ~~,~. ~-~~y,. 7, ~_: r~~ Eastern Aviatin:~~ :~~~els, Inc. BILLING ADDRESS: Tidewater Air Services 1210 Aviation Drive New Bem, NC 28562-0000 Eastern Aviation Fuels 601 McCarthy Blvd. New Bern, NC 28562 (252) 633-0066 ~ Fax (252) 633-3125 -i;de~water Air Services ?50 ~via±ion Drive ! ~w 3err~, NC 28560 INVOICE DATE CUSTOMER P.O. # CUSTOMER SHIPTO TERiNINAL Y INVOICE NO. LOAD NUMBER 319/2007 01119 1 GSO 413200 104595 DATE BOL # DESCRIPTION GROSS YvET/BASIS UNIT PRICE AMOUNT ) 03/06/07 2654 Avgas 100LL 8,505 8,625 2.6926500 23,224.11 am 03/06!07 2654 Federal LUST Tax 8,625 0.0010000 8.63 03/06/07 2654 Federal Excise Tax .194 8,625 0.1930000 1,664.63 03/06/07 2654 NC Inspection Fee 8,625 0.0025000 21.56 03/06/07 2654 Pump Charge 8,625 0.0057971 50.00 SUPPLIER: 00013 SUB-TOTAL FOR: Avgas 100LL 24,968.93 SHIPPED VIA: Marlin Invoice payment amount of $24,968.93 will be due on 03/19/2007. - (l~~! . ` `` I,,' ,.~~ r` ~~ _ c ~ y~ ,, `...: Tidewater Air Services PAYMENT TERM ACCOUNT # INVOICE # DUE DATE AMOUNT DUE EFT 10 01119 413200 03/19/2007 $24,968.93 Please Remit All Payments to: P.O. Box 751211, Charlotte, NC 28275-1211 REPRINT 03/15/2007 Ref: DC53368 INVOICE TOTAL $24,968.93 1~5 Page 1 of 1 <TOFAXNLJM:252-633-1097> \ Shell Aviation SHELL AVIATION MERCHANT PAYMENT REPORT MARCH 14, 2007 14242 "idewater Air Services X016 Hydes Corner New Bern, NC 28562 '526331400 . AYMENT SUMMARY CARD TYPE BATCH INV/TRX INV/TRX PROCESS QUANTITY INV/TRX PROCESSING TOTAL AMOUNT NUMBER NUMBER DATE DATE (AG) TOTAL FEE ~~iasterCard 961 17656 03/12/2007 03/13/2007 0.000 55.49 -1.78 53.71 MasterCard 961 17657 03/12/2007 03/13/2007 0.000 10.00 -0.24 9.76 Multi Service 961 17658 03/12/2007 03/13/2007 480.000 1,966.25 -58.99 1,907.26 ulti Service 961 17662 03/12/2007 03/13/2007 48.000 179.04 -5.37 173.67 hell Aviation 961 17665 03/12/2007 03/13/2007 32.800 121.84 0.00 121.84 MasterCard 961 17666 03/12/2007 03/13/2007 9.600 38.23 -1.22 37.01 Shell Aviation 961 17667 03/12/2007 03/13/2007 17.800 66.12 0.00 66.12 Shell Aviation 961 17668 03/12/2007 03/13/2007 45.000 167.17 0.00 167.17 asterCard 961 17669 03/12/2007 03/13/2007 0.000 13.34 -0.43 12.91 SUBTOTAL 2,617.48 -68.03 2,549.45 grand Total Payment = 2,549.45 EXPLANATION OF TERMS ~:F: Contains Contract Pricing - r~~ `.•'1' ~~: ,' --- ~.~T y~ r ~~ `.. f~f~ \ Shell Aviation SHELL AVIATION DAILY PROCESSING REPORT MARCH 13, 2007 14242 "idewater Air Services ~ 210 Aviation Drive yew bern, NC 28562 '526331400 ATCH 961 DETAIL THIRD PARTY SOFTWARE ARD TYPE INV/TRX INVITRX INV/TRX TOTAL FUEL TOTAL NON-FUEL TOTAL PROCESSING FEE TOTAL AMOUNT NUMBER DATE MasterCard* M 17656 03/12/2007 55.49 0.00 55.49 -1.78 53.71 "4asterCard S 17657 03/12/2007 10.00 0.00 10.00 -0.24 9.76 !ulti Service M 17658 03/12/2007 1,966.25 1,790.40 175.85 -58.99 1,907.26 'ulti Service S 17662 03/12/2007 179.04 179.04 0.00 -5.37 173.67 ohell Aviation S 17665 03/12/2007 121.84 114.14 7.70 0.00 121.84 MasterCard' M 17666 03/12/2007 38.23 35.81 2.42 -1.22 37.01 shell Aviation S 17667 03/12/2007 66.12 61.94 4.18 0.00 66.12 hell Aviation S 17668 03/12/2007 167.17 156.60 10.57 0.00 167.17 IasterCard" M 17669 03/12/2007 13.34 0.00 13.34 -0.43 12.91 SUBTOTAL 2,617.48 2,337.93 279.55 -68.03 2,549.45 c:ARD SUMMARY ARD TYPE INV/TRX TOTAL GROSS TOTAL FEES TOTAL NET DUE REJECT REJECT TOTAL TOTAL COUNT COUNT SUBMITTED shell Aviation 3 355.13 0.00 35 0 0.00 355.13 IasterCard 4 117.06 -3.67 ~; ) ' 0 0.00 117.06 29 145 2 lulti Service 2 2,145.29 -64.36 .9~ Q 0 0.00 . , GRAND TOTAL 9 2,617.48 -68.03 ,= ~~ `~ ;3.45 0 0.00 2,617.48 is ~ .~ - .~y nAILY PROCESS ING SUMMARY ATCH NUMBER INVlT'RX TOTAL GRO ~ --- 1~4yI~ES TOTAL NET DUE REJECT REJECT TOTAL TOTAL COUNT ~ COUNT SUBMITTED ~:. ^61 9 2,617.48 ' -68.03 2,549.45 0 0.00 2,617.48 ..RAND TOTAL 9 2,617.48 -68.03 2,549.45 0 0.00 2,617.48 EXPLANATION OF TERMS S: Swiped ~: Manually Keyed Non-qualified ~F: Contains Contract Pricing ref 7 I ~i$ ,~~+~~ A~i~tit~~ ~risurance services, lac May 30, 2007 City of Sebastian 202 Airport Dr. East Sebastian, FL 32958 Attn: Mr. Joseph Griffin RE: Request for Proposal -Eastern Aviation Fuets, Inc. Dear Mr. Griffin: I am writing in response to your request for proposals for an aviation fuel supplier for the Sebastian Municipal Airport. Our agency represents Eastern Aviation Fuets, Inc. ("Supplier"). Please accept this letter as proof of insurance as outlined below. In the event that our client is successful in their bid to provide you with aviation fuel we will have a certificate issued on your behalf. Airport Liability Policy is written with AIG Aviation on A+ paper. The policy number is AP3380404-10 and the term is 09/01/06 - 09/01!07: General Aggregate Limit (other than Products/Completed Operations $ N/A Products/Completed Operations Aggregate Limit: $5,000,000 Personal Injury Aggregate Limit: $5,000,000 Each Occurrence Limit: $5,000,000 Fire Damage Limit: $ 50,000 Medical Expense Limit: $ 1,000 All locations necessary and incidental to the operations to the named insured The Business Auto Policy is written with American Southern (and AIG Company) on A+ paper. The policy number is BA900072 and the term is 09/01/06 - 09/01/07. Liability Combined Single Limit $1,000,000 Uninsured Motorist $1,000,000 Non-Owned /Hired Liability $1,000,000 Hired Physical Damage: $ If Any The Workers Compensation Policy is written through AIG on A+ paper The policy number is WC-487-4334 and the term is 09/01/06 - 09/01/07. 1 ~~ P.O. Box 1534, Snellvrlle, GA 30078 Tele: (770) 978-4855 Fax: (770) 978-4868 Cell (770} 329-8494 Toll Free (888) 678-4880 E-Mail: tbrittQeasternaviationinsurance.com • Page 2 May 30, 2007 Workers' Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the following states: FL, GA, IL, MS, NC, SC, TN, TX. The policy has an all states endorsement. Employers Liability Insurance: Part Two of the policy applies to in each state listed. Bodily Injury by Accident: Bodily Injury by Disease: Bodily Injury by Disease: $1,000,000 each accident $1,000,000 each employee $1,000,000 policy limits They have a current experience mod factor of .84. Regarding your item L; Eastem Aviation Fuels, Inc. does not have the required amounts of insurance as outlined in the Insurance section. The only apparent exposure that exists in the proposed relationship is a products exposure. Through Shell Aviation, Eastem is provided with and provides to its branded clients a fifty million dollar ($50,000,000) excess liability policy that responds to the. product exposure. The only exposure this policy or any other excess coverage of .this type applies to is products (fuel). If Eastern Aviation Fuels, Inc. is successful in this bid we will provide the City with a certificate of insurance as prescribed in the Cert'rficate of Insurance Explanation provide by you. The City will be included as an additional insured. The City will be given the right of notice of cancellation, nonrenewal and reduction of coverage based on a minimum of thirty (30) days written notice. A severability of interests provision will be included. Further we will provide the City with a Waiver of Subrogation. I trust this letter will serve as adequate proof of the coverage. Should you have any questions or require any further information please do not hesitate to contact me. Best Regards, s .- Britt, CIC, CPIA, CAIP President ~5a Shell Aviation ACH AUTHORIZATION FOR ELECTRONIC FUNDS TRANSFER This document serves as authorization for Shell Aviation to deposit funds into the undersigned's bank account by means of Electronic Funds Transfer for payment of goods and services charged utilizing the Shell Aviation Credit Card Program. It will also allow access for adjustments (debit transactions) in the event of billing errors or chargebacks. Disputes regarding deposits (credits) should be made within fifteen (15) days of issuance of the account statement. Disputes regarding charges (debits) should be made within forty-five (45) days after the account was charged. Until notification in writing of cancellation, this authorization will continue to be valid. Receiving BanN City Transit/ABA Nc Dealer Name:_ Authorized by: Account Branch State: Zip: ed Tax ID#: Date: PLEASE SEND A COPY OF VOIDED CHECK WHEN RETURNING THIS FORM SHELL03-06/04 `5~ SHELL EXCESS AVIATION LIABILITY INSURANCE AND/OR BRANDING PROGRAM We are pleased to offer you $50 million in excess aviation liability insurance coverage at no charge to you should you elect to participate AND maintain the required underlying insurance coverage. This excess insurance provides coverage for occurrences arising from the sale of Shell Aviation products. In order to participate in this program, you must provide Shell Aviation and Eastern Aviation Fuels Inc. with a Certificate of Insurance from your insurance provider that: Names both Shell Aviation, dba Shell Oil Products Company U.S., LLC and Eastern Aviation Fuels, Inc., as additional insured parties with respect to liability arising from your aviation operations. Reflects a minimum limit of $500.000 per occurrence combined single limit for third party bodily injury and/or property damage (without restrictive per-person sub-limits for bodily injury and/or property damage) and evidence of both aviation premises and products/completed operations liability coverage. ^ Yes, we meet the $500,000 smooth coverage requirements and would like to participate in the Shell Aviation Excess Liability Program. Please note that coverage will commence only upon issuance of an excess certificate by us to you. If your primary policy contains sub-limits lower than $500,000 per occurrence that preclude you from participating in the Shell excess liability insurance program or you are not interested in participating in the Shell excess insurance program for some other reason, but you would like to be a branded Shell account, you may still do so. ^ Please mark here and submit a certificate of insurance naming both Shell Aviation, dba Shell Oil Products Company U.S., LLC and Eastern Aviation Fuels as additional insureds with respect to liability arising from your aviation operations, evidencing both aviation premises and products/completed operations liability coverage, and including your current insurance limits. The minimum insurance requirements for branding are $500,000/occurrence with a minimum of a $100,000/ occurrence sub-limit for bodily injury and/or property damage. Mail certificates of insurance to: Shell Aviation, dba Shell Oil Products Company U.S., LLC and Eastern Aviation Fuels, Inc C/O AMCS PO Box 2020 Conway, AR 72033 Also, please include the following information and fax a copy of this form and the certificate to Eastern Aviation Fuels at 252-633-3125. Date: Mailing address:.-. Signature: Signer's Title: Insurance Company: Insurance Agent: _ 15~. FBO or Company Name: Print Name: Airport Name: Phone: Eastern Aviation Fuels, Inc. ~': ~.:~ t 3UESTIONNAIRE LEGAL ACCOUNT NAME: _______.________ _____.__________ SHIPPING ADDRESS: 1 _ _.______..____ I CITY: _____ _________ i ------ - ~ STATE: ---~ 'Y':-': COUNTY OF FUEL DELIVERIES: _ ~ TAX TELEPHONE: DEPARTMENT CONTACT NAME: FAx: c _ I .~: F' ~~.5a ~nswe'ffe Follow~+ng Questions' PLEASE ADDRESS EACH STA-fE IN WHICH EASTERN AVIATION FUELS WILL BE DELIVERING FUEL: ~ _. -- DO YOU HOLD ANY LICENSES, INCLUDING SALES AND USE TAX, FOR THE STATE FUEL IS BEING DELIVERED? YES ^ NO IF (YES) PLEASE LIST LICENSES HELD AND FAX A VALID COPY TO EASTERN AVIATON FUELS, INC. (252) 639-2601. __ l 1 I~ 1 i~ I I { ~ EASTERN AVIATION FUELS WILL BILL ALL APPLICABLE FEDERAL, STATE AND LOCAL TAXES, ALONG WITH ANY APPLICABLE FEES ON EACH INVOICE. IN ORDER FOR ANY EXEMPTIONS TO BE GIVEN YOU MUST PRO VIDE A VALID LICENSE IN THE EXACT NAME AS IT APPEARS ON THE ACCOUNT. PLEASE HAVE YOUR TAX DEPARTMENT CONTACT LYNN ANDERSON, EASTERN AVIATION FUELS TAX DEPARTMENT, AT 1-800-334-5732 EXT. 227 WITH ANY QUESTIONS REGARDING TAXES AS THEY APPLY TO YOUR COMPANY. THANK YOU. Eastern Aviation Fuels, Inc. * Post Office Box 12327 * New Bern, NC 28560 * (252) 633-0066 Fax (252) 639-2601 * 1-800-334-5732 * E-Mail: info@easternaviationfuels.com 153 Eastern Aviation Fuels, Inc. ~"~` ELECTRONIC FUNDS TRANSFER AUTHORIZATIONAGREEMENT ~ CUSTOMER BANK NAME: ~ ` NAME: I CUSTOMER BRANCH: ADDRESS: BANK I CITY ~ ST ~ ZIP CONTACT: . l ~ CUSTOMER CONTACT PERSON FOR I CUSTOMER BANK ACCT #: I EFT: BANK TRANSIT #/ABA #: ` ~ TELE# FOR DRAFT NOTICES: BANK CONTACT TELE: I I FAX# FOR DRAFT NOTICES. I EFFECTIVE EFT DRAFT START BANK CONTACT FAX: DATE: CUSTOMER EMAIL ADDRESS I I I hereby authorize Eastern Aviation Fuels, Inc. ("Eastern") to originate an Automated Clearing House electronic funds transfer credit/debit entry to "Customer's" demand deposit account indicated above and hereby authorize the Depository Institution named above, hereinafter called "Financial Institution," to accept and to credit or debit the amount of such entries to "Customer's" demand deposit account. - The Automated Clearing House Electronic Funds Transfer credit or debit entry shall be initiated by Wachovia Bank, New Bern, NC, on behalf of "Eastern". The "Customer" will receive prior notification of the Automated Clearing House electronic debit entry three days prior to the initial debit entry. The authority shall remain in effect until fifteen days after "Financial Institution" as address shown above and "Eastern" at address shown above, have received written cancellation from "Customer." Notice of cancellation shall in no way affect debit or credit entries initiated prior to actual receipt of notice. "Customer" understands that the Automated Clearing House electronic funds transfer debit entry will only be accepted by "Financial Institution" if sufficient funds are available in "Customer's" demand deposit account, and "Customer" agrees separately with "Eastern" to maintain such funds at all times in said demand deposit account. In the event any entry is not accepted for any reason, "Financial Institution" is to notify "Eastern" by ACH network, as well as facsimile transmission or mail. I CUSTOMER AUTHORIZATION ~ AUTHORIZED SIGNATURE: I I TITLE ~ _~ DATE AUTHORIZED SIGNATURE: ~ I TITLE I DATE BANKAUTHORIZATION _ AUTHORIZED SIGNATURE: ~ _ I TITLE ~ ~ DATE EASTERN AVIATION FUELS ACKNOWLEDGEMENT AUTHORIZED SIGNATURE: ( Nancy Hines i TITLE ~ Credit ~ DATE _ ADDRESS: 4 P O Box 12327 601 McCarthy Boulevard CITY: ~ New Bern STATE: I NC ~ _ Telephone Number: ~ (252) 633-0066 PLEASE FAX A COPY OF A VOIDED CHECK ALONG WITH THIS FORM Eastern Aviation Fuels, Inc. * Post Office Box 12327 * New Bern, NC 28560 * (252) 633-0066 Fax (252) 639-2601 * 1-800-334-5732 * E-Mail: info@easternaviationfuels.com f ~ ~ EAF002-06/04 Eastern Aviation Fuels, lac. ACCOUNT SET tiP FORM B:~ZAitiT)ED FBO ^ CORPORATE ACCOUNT ^ The undersigned herehy appli~_s ~.v;th >Jastern Aviation ruets ann its subs~a~aries or arntiates ror creait anu for service and for delivery. `~:;e !mdersigned authorizes the receipt and exchange of credit information, any fabrication of informaiio^ l~:ay nullify this application. COMPANY NAME: ~ ___ DBA: ~ ___ TYPE OF BUSINESS: ^ CO MAILIN~ ADDRESS: CITY Partnership ~ I Individual L~ LLC STATE: ZIP: CO: TELEPHONE ~ ~ CO: FAX J NATURE OF f YEARS IN I BUSINESS: FED ID #: i BUSINESS: STED ~ R OWNER'T SUPPLIER: ERMS: NAMES OF OFFICERS, PARTNERS, OR PARTIES OF INTEREST RESIDENCE ADDRESS: TITLE ~ f i 2~ ~ - BANK NAME: ~ BRANCH: ~ ACCTS: BANK ADDRESS: CONTACT: , PHONE: ~ FAX: PURCHASE AGREEMENT I hereby authorize any of the above listed banking or credit references to release to Eastern Aviation Fuels such credit information as it may request. I further agree that in the event credit is extended b_y Eastern Aviation Fuels or its subsidiaries for labor performed or materials supplied, terms of sale are as follows: All invoices shall be paid on stated terms. There will be a late charge of ONE AND ONE HALF PERCENT (1 '/x %) per month charged to all delinquent accounts. This is equal to an effective ANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT (18%). Late charges at a different annual rate may be imposed when authorized or limited by applicable law. This agreement is governed by substantive North Carolina law. I consent to the personal jurisdiction of the courts of the State of North Carolina so that Eastern Aviation Fuels may bring suit in North Carolina to enforce this agreement. I agree not to claim that North Carolina is an inconvenient place for trial. At Eastern Aviation Fuels' option, the venue of any suit to enforce this agreement may be in Craven County, North Carolina. In the event credit is extended pursuant to this agreement and a dispute arises concerning any transaction with Eastern Aviation Fuels, or its subsidiaries, or if collection action is required, I agree to pay Eastern Aviation Fuels' reasonable attorney's fees, whether or not suit is actually filed, including attorney's fees in the event of an appeal. Dated: Customer: Eastern Aviation Fuels, Inc. * Post Office Box 12327 * New Bern, NC 28560 * (252) 633-0066 Fax (252) 639-2601* 1-800-334-5732 * E-Mail: Whines@eastenaviationfuels.com `~~ EAFOI A-06/041 hevron PROPOSAL CONTENTS The Hiller Group Inc. is a contracted supplier/marketer of Chevron Global Aviation Products (Jet A and Avgas 100LL) in Florida, and hereby submits a sealed competitive proposal for the supply of aviation fuels for purchase by the Sebastian Municipal Airport, Sebastian, Florida for resale. The Hiller Group, Inc. accepts the terms, conditions, and scope of SEBASTIAN MUNICIPAL AIRPORT request for proposal for an Aviation Fuel Supplier. The Hiller Group Inc.'s proposal addresses the following conditions: A. Identification of Proposer The Hiller Group, Inc. 5321 Memorial Highway Tampa, FL 33634 DUNS'"' Number: 13-055-0197 Telephone 813-882-3313 Telefax 813-882-4294 FEIN: 59-2495094 Martin H. Hiller, President and Treasurer, 100% stockholder and owner and manages all aspects of the business daily. B. Pro~oser's Experience The Hiller Group Inc. is a supplier/marketer of Branded Chevron and Texaco aviation fuels (Jet A and Avgas 100LL) with twenty-three (23) years experience in branded aviation fuels and employs twenty-four (24) full time personnel devoted exclusively to aviation. The Hiller Group Inc. supplies over 350 FBOs, regional distributors, flight schools and corporate flight departments throughout the United States. Our company can provides consultation and assistance in the following areas: ^ Turnkey Fuel Farm Tanks -Engineering and design, permitting, installation and lease financing ^ FBO training and marketing programs ^ Remote Tank monitoring for reordering and inventory management ^ Refueler equipment, lease and maintenance ^ Quality Assurance and NATA Safety 1~ Line Service Training ^ Website Reference Library for related aviation fuel articles ^ Monthly market email-updates and quarterly newsletters related to aviation fuel C. Full Service Supplier Qualifications 1. Brand Name(s) -The Hiller Group Inc.'s product to be supplied to SEBASTIAN MUNICIPAL AIRPORT under proposed contract are Chevron or Texaco USA. 2. The Hiller Group Inc. supplies over 350 FBOs, regional distributors, flight schools and corporate flight depafinents in the Southeast, Texas Gulf Coast, Midwest, Mid Atlantic and Northeast regions. Chevron Global Aviation supplies approximately 24% of the international, national and regional airlines' fuel, the largest market share of any oil company. Supply contracts include Southwest, Delta Airlines, United, American, and US Airways with bonded jet fuel at International Airports. References Bob Tweedie Guy Hill, Jr. i~~ ~~ The Hitter Greup, tnc. r F ~:; ,;°`' 8C}t3-544 3835 Collier County Airport Authority 2003 Mainsail Drive Naples, FL 34114 (239) 394-3355 Mike Willingham Sebring Airport Authority 128 Authority Lane Sebring, FL 33870 (863) 655-6444 D. Fuel Specifications Hill Aircraft & Leasing 3948 Aviation Circle Atlanta, Georgia 30336 (404) 691-3330 1. Avgas 100LL: Chevron Avgas 100LL meets the requirements of ASTM D910 (latest revision). 2. All Chevron Aviation Fuels will be delivered by designated common carriers that have passed the Chevron Global Aviation training and operate dedicated aviation fuel transport trucks. Such carriers and their personnel are required to undergo initial and annual certification at the designated Chevron company terminal. Chevron terminal personnel periodically and randomly inspect carrier personnel loading aviation fuels. 3. Certificates of analysis on all aviation fuel shipments pn be provided. All Chevron Aviation Fuels distributed from the Tampa and Port Everglades, Florida terminals are stored in Chevron terminals through Chevron company barges from the Chevron Pascagoula refinery. All shipments are traceable back to the refinery. 4. The Hiller Group Inc. will provide documentation that Chevron performs the following test before shipments arrive at the SEBASTIAN MUNICIPAL AIRPORT fuel farm: a) Visual b) Color c) Bottom sediment and water d) Temperature e) API gravity SEBASTIAN MUNICTPAL AIRPORT may perform any additional tests it deems necessary and reserves the right to reject any delivery it deems unsuitable. Any fuel delivery deemed as unsuitable by the SEBASTIAN MUNICIPAL AIRPORT will be immediately notified to The Hiller Group Inc. and returned to the Chevron dispatching terminal for recertification or disposal. If the rejection causes a possible shortage of aviation fuels to the SEBASTIAN MUNICIPAL AIRPORT, a new shipment will be immediately dispatched when The Hiller Group Inc. personnel are notified, rather than wait for the recertification of the rejected shipment. All costs associated with a rejected shipment that is caused unsuitable by actions other than SEBASTIAN MUNICIPAL AIRPORT personnel will be the responsibility of Chevron or its contracted carriers delivering Chevron aviation fuels. 5. Inspections a) The Hiller Group Inc. and Chevron Corporation will provide inspection services at no cost to the SEBASTIAN MUNICIPAL AIRPORT. b) Annual inspections will be performed at the SEBASTIAN MUNICIPAL AIRPORT fuel farm and facilities Request for Fuel Supplier Page 2 C~~ t . ~ The NHfer Group, Inc. 800-544 3835 during the contract period. c) Fuel farms, all aviation fueling vehides, and any self-fueling faalities will be wvered during the inspection. d) Personnel performing inspections at the SEBASTIAN MUNICIPAL AIRPORT fadlities will either be employees of The Hiller Group Inc. or Chevron Corporation. Chevron Corporation employs one (1) full- time employee, designated as a Brand Specialist, who performs quality inspections at Chevron Airport Dealers in Florida. In the event that contract labor is employed to perform such inspedtons, the SEBASTIAN MUNICIPAL AIRPORT will be notified. Such labor will be employed based on extensive experience in performing inspections at airport faalities. e) Written documentation of inspection results will be provided to the SEBASTIAN MUNICIPAL AIRPORT. E. Professional Line Service Training Program Accredited Professional Line Service Training (PEST) programs qualify for 100% reimbursement for registration fees, books and other required dass materials for line personnel and safety seminars. The Aviation Training Institute's PEST program is recommended and would be provided as the standard for such programs for SEBASTIAN MUNICIPAL AIRPORT. The Aviation Training Institute (ATI) is a training organization formed by AMR COMBS and the FBO Resource Group to spedfically address industry safety issues. In addition to being the authoritative source for line service training, safety and technical information, ATI has completely redeveloped and updated the original PEST program. The PEST program includes ten (10) modules dedicated exclusively to customer service and communications issues and designed as a tool to train ramp and flight counter personnel and meeting the needs of pilots and passengers. The core curriculum of the new PEST integrates eight separate modules. Proficiency in each area is essential to achieving superior performance. ^ Introduction and Ground Servicing (Module 1) provides an overview of the FBO industry and line service responsibilities. Basic aircraft systems and general service procedures are discussed. • Safety (Module 2) stresses the importance of maintaining a high level of safetyconsdousness and avoidance of service dangers including propellers, jet blast, and fuel related hazards. ^ Refueling Piston Aircraft (Module 3) explains start-to-finish procedures for fueling redprocating engine aircraft and helicopters. ^ Refueling Turboprop Aircraft (Module 4) demonstrates fueling procedures for turboprop aircraft and turbine helicopters. ^ Refueling ]et Aircraft (Module 5) describes fueling procedures for turbojet and turbofan aircraft. Over- the-wing, single point fueling, and fuel panel procedures are addressed in this module. ^ Towing (Module 6) outiines safe towing techniques and demonstrates adverse weather hangar towing procedures. Discussion of specific aircraft conned:/disconnect procedures are also discussed. • Fuel Farm Management (Module 7) covers operation and management of bulk fuel storage faalities including fuel quality control and handling procedures. Request for Fuel Supplier Page 3 158 ~''": - ° ~, , The Eiilfer Group,. {nc. _ ~~j ~ , ~ ;~U-544 X835 ,~ .: ,.,~:r:. ^ Customer Service (~'~1•-~cau!e 8), as indicated previously, will be the firs industry program dedicated specifically and exclu~it-=1y to customer service, care, and safety, ^ Fire Safety (Module a}, addresses the FAA's hazardous substance handling requirements specified under FAR section 139.321. Fully endorsed by the FAA, module nine covers grounding and bonding, public protection, saff~:~ ~,rocedures for mobile fuel vehicles, and numerous other fire safety issues. This module is availa~~ie cn an optional basis as a supplement to the core curriculum. ^ Aviation Security (Module i0) aviation security is an issue that is critical to everyone at an airport. The module teaches your line staff how to be more observant, helps them understand the importance of security, assists them in identifying their specific responsibilities within their work area, and overall, reduces any threat to your business. The PLST incorporates "full motion video" which allows for advanced clarity of presentation. This is particularly critical when demonstrating aircraft fueling and towing procedures. The full motion video format was selected as a result of its ability to improve the retention of technical information. In addition to the video presentation, a detailed Employee Career Reference Guide, which reinforces the critical issues covered in the video presentation, is also included. Individual workbooks serve as a "road map" for each line service technician and are utilized to track and document progress. Section tests and reference materials are provided in each workbook. In addition to the Employee Career Reference Guide, the training program includes an Aircraft Service Guide and a Trainers Guidebook that provides a detailed plan for implementing the program. Upon successful completion of the PLST program, line technicians receive a certificate of accreditation from the Aviation Training Institute. Each member organization will receive aone-year membership in the national ATI Training Alliance and a subscription to the ATI newsletter that will include the latest information regarding new aircraft, industry trends, and accident prevention. ATI Training Alliance companies will also receive a wall presentation plaque for their lobby and ATI/PEST decals for entry doors (or fuel trucks) which signify the commitment that Alliance companies have made with regard to safety, service and training. Lapel or jacket patches for accredited line service personnel are provided. 2. Chevron Global Aviation Computer-Based-Training is available on CD-ROM for testing and instruction for airport personnel in handling aviation fuels. Regional and on-site lasses and training sessions on quality control, safety matters, and proper line service operations are scheduled and available monthly. Particular emphasis on understanding why fuel sampling is performed and how filtration is critical to aviation safety. CD-ROMs, testing materials provided. Environmental and Safety Guide. The airport dealer environmental and safety guide has been developed to assists dealers and facility manager in meeting federal, state and local environmental and safety issues. The guide provides important regulatory information on storage tanks, vvaste management, air quality, water quality, and safety. The guide also provides additional resources on: • Storage Tanks • Waste Management (Including Hazardous material) • Air Quality • Water Quality • Safety • Facility Review Request for Fuel Supplier Page 4 l ~~ ~,_:~~~ The Hiller Group, Inc. 800-544 X835 ::,;;_ 3. Chevron Global Aviation Airport Dealer Quality Control Guide provides forms, technical reference, and easy to follow graphics on all areas of aviation fuel quality control. SEBASTIAN MUNICIPAL AIRPORT line personnel will be trained in the safe practices of aviation fuel handling and documentation. The material is also available on CD-ROM providing ease of use capability. F. Operational Concept Proposed by Supplier: 1. Aviation Fuel Price: Prices of Chevron Aviation Fuels are quoted on a per gallon basis indusive of transportation costs (including Port of Entry costs and road tolls, regardless of Port of Entry), but exdusive of taxes and other fees. In addition to the fuel price, The Hiller Group Inc. will provide an itemized list of all applicable taxes and fees. a) The Hiller Group Inc. and Chevron Products Company will contractually assure SEBASTIAN MUNICIPAL AIRPORT supply for the contract. Attached is a copy of the branded dealer aviation supply agreement with this proposal b) Chevron's primary supply point for Avgas 100LL deliveries is the Chevron terminal in Port Everglades, Florida. SEBASTIAN MUNICIPAL AIRPORT's Avgas 100LL price delivered including freight, Port of Entry and road tolls, but exclusive of all taxes and fees, effective June 7, 2007, for comparison purposes: $2.9835 delivered for full transport quantities of 8000-8500 gallons. An itemized list of all applipble taxes and fees for deliveries: Federal Exdse $0.19300 per gallon Federal LUST $0.00100 per gallon Florida Exdse Tax $0:06900 per gallon Florida Inspedion Taxes $0.02072 per gallon c) When the primary terminal is not available due to receipt and testing of product, alternate supply point for Avgas 100LL will be the same price as the primary supply point price induding freight, Port of Entry and road tolls, but exclusive of all taxes and fees. Chevron's Pascagoula Mississippi refinery is the closest oil refinery to Florida and, thus, offers Chevron savings with distribution of aviation fuels into Florida. The price of Chevron Branded Avgas 100LL will be a posted market price to SEBASTIAN MUNICIPAL AIRPORT. Chevron's posted price offers significant savings and price stability compared to an adjusting indexed price with Platt's Oilgram Pridng Report. However, in general, Aviation Gasoline pridng follows the premium unleaded (PUL) gasoline markets. 2. Fuel Delivery: Calling the Tampa office toll-free number, 800-544-3835, Monday through Friday, from 8 AM to 5 PM, places fuel orders. Fuel deliveries. can be guaranteed within 24 to 36 hours after placement of orders. After hours orders or emergency deliveries of fuel are placed by calling our office toll-free number. An after-hours service will contact the dispatcher on duty. Chevron's Tampa terminal and Port Everglades terminal can load Jet A orders 24 hours a day. The Chevron Port Everglades terminal loads Avgas orders 24 hours a day. 3. Contract Point of Contact: Wesley Earl Aviation Sales Manager The Hiller Group, Inc. Request for Fuel Supplier Page 5 l ~Q I' ~ The Hitler Group, Inc. s u r~" ~;.- 4 : 8C}t3-544 3835 - ~ ~_:~ 5321 Memorial Higi~way Tampa, FL. 33634 Toll free (800) 544-3835, Fax (813) 882-4294, Cell (813) 784-4244 email: WesleyCa~hiller4roup.com 4. Other: The Hiller Group Inc. will provide the following programs: Chevron Alliance Contract Card Program We believe our partnership with flight departments and a single credit card program that streamlines fuel and aviation related purchases across the nation can be a beneficial tool for FBOs. The Alliance Card can be used to purchase Contract Fuel as well as FBO Priced Fue/at any Chevron or Texaw branded FBO. All Aviation related products and services may be placed on the Alliance card for purchase. Contract Fuel • Participating Chevron and Texaco FBOs accept the Alliance Card for contract fuel purchases • Contract fuel pricing is provided by ChevronTexaco • This pricing is available to all cardholders via the Alliance website, www.ctaallinace.com FBO Priced Fue/ • All Chevron and Texaco branded FBOs accept the Alliance Card for FBO priced purchases • The Alliance Card is the preferred card /payment method for many Chevron and Texaco FBOs • Utilization of the Alliance Card will assist your flight department in securing competitive fuel prices In addition to the many card benefits, we have a great website to help support flight departments and FBOs. The web site offers 24 hour, secure on-line access to your account and much more! The Alliance website offers you the following: • Locate Contract Fuel FBOs -identify Chevron and Texaco FBOs that process Alliance Contract Fuel • Price Quotes -retrieve jet fuel price information at Alliance Contract Fuel locations (non-contract fuel pricing must be obtained from the FBO) • Billing Statements -available in a PDF format or CSV file that can be printed or downloaded into your computer. (PDF is similar to a Word document and a CSV file can be saved as an Excel spreadsheet.) • Invoices -retrieve invoice information • Unbilled Activity -view transaction data that will appear on your next billing statement • Payment History -validate payment information • Account Administration -set up your team members to access the web The program is designed for FAR 121, 125, and 135 cargo, air ambulance, and scheduled commuter operations. The program has contracts with companies such as Flight Options, Net Jets, Best Aero Net. The program is not designed for FAR 135 unscheduled passenger operations (Air Taxi Service) or FAR 91 operations. There is only one Chevron Alliance charge card, but there are 7 different types of cards. A list of card holders is available upon request. The card designs and types are as follows: Request for Fuel Supplier Page 6 lU I i ~' P ~ The Hiller Graup, tnc. . 800-544 3835 <f Card Type 0 (Cirrus Avgas Only) Retail Card Card Type 0 Aviation Retail Customer-Avgas or small personal Jet To be utilized like a Visa, MasterCard, or Multi Service to process rebil sale transaction Contractln>to Plane Card Type 1 Corporate Flight Department (FAR Part 91) Card Type 2 Fractional Operators Card Type 3 Charter Operators (FAR Part 135) Card Type 4 Commercial Operators Card Type 5 Commercial Chevron Processed Card type 4&5 are the same, yet provide different methods of billing to the Alliance Cardholder Card Type 6 . Corporate FAR Part 91 and 135 This card type is for an operator who fly's both corporate (9i) and charter (135) flights and allows them to carry only one card An FBO can accept all card types or can choose specific card types. The difference card types provide FBOs the flexibility in submitting into-plane rates for each qrd type. One rate can be submitted for all card types, or a different rate for each card type. In addition, once a card is accepted for Chevron Contract into-plane sales by the FBO, the FBO can submit specialized rates for individual customers. Cirrus Tailwind Advantaae Partner Chevron has been instrumental in forging relationships with premier aviation customers such as Cirrus. Tailwind Advantage is a strategic partnership offering CIRRUS pilots a suite of money saving products and services from today's leading aviation companies. These partnerships include fuel rebates, headsets, oil changes, avionics subscriptions and much more. Chevron's partnership offers the following benefits to Cirrus aircraft owners who select the various options: ~~a:a~~.»r~•~- Receive $3,500 in prepaid fuel and continue to eam 5 Receive $2,000 in prepaid fuel and continue to eam 5 cents per gallon rebate. cents per gallon rebate. Such programs are sure to create both brand loyalty and awareness among pilots and FBOs that should equate to increased Avgas sales for Chevron FBOs. Request for Fuel Supplier Page 7 I !o~- Card Types 0 - 6 The Hitter Group, int. '. "' ~;:;. : 84th-.544 3835 Fr d ' y .. M .. V. Credit Card Processino Prouram . ~ 2 ~~ 1. We will electronically process all credit cards sales and fund to the Authority and/or SEBASTIAN MUNICIPAL AIRPORT via EFT (Electronic Funds Transfer) daily. A Settlement advice notice will be electroniglly transmitted (FAQ indicating transaction detail and settlement amounts. All Chevron and Texaco cards, MasterCard and Visa, American Express, Discover, Multiservice and AvCard will be settled to your account within 48 business hours days after the transaction date. ^ Chevron ^ Vsa ^ Master Card ^ Discover ^ American Express ^ State & Federal Government Cards • Multi Service ^ Avcard 2. Notation of any policy listed in Chevron Credit Card Guide Acceptance Policies and Procedures may result in a charge back. Credit authorization does not override such policies and procedures. There is no time limit for charge backs on policy violations. Invoices for merchandise and services that result in customer complaints may result in a charge back. Failure of SEBASTIAN MUNICIPAL AIRPORT to respond timely to a customer complaint will be grounds for charge back. Invoices disputed by a credit card customer as unauthorized, identified to involve circumstances that indicate the invoices were fraudulently accepted, prepared, or submitted by one or more individuals within SEBASTIAN MUNICIPAL AIRPORT may result in a charge back. ATM card/debit card sales processed as credit sales will be charged back. Any disputed charge where a cashier received a message on the POS terminal to call for authorization and did not call, will be charged back. 3. Chevron Aviation Credit Card Processing Fee Schedule (Effective 10-15-2006) Accelerated Credit Card Type Settlement Discount Settlement Rate Time Chevron or Texaco Retail and Alliance 0.0% 48 hours (Contract Into-plane Sale) Request for Fuel Supplier Page 8 ~~~ A The Hiller Group, lnc. _ 800-544 3835 Chevron Alliance (Retail Sale) 1.9% 48 hours Visa (Qualified) 2.2% 48 hours MasterCard (Qualified) 2.2% 48 hours American Express 3.0% 48 hours Discover 3.0% 48 hours AVCARD 3.5% 48 hours Multiservice 3.5% 48 hours Note: Qualified transactions are cards swiped through the POS machine and settled before midnight of the same day. All other scenarios are Non-qualified Visa/MasterCard transactions and are processed at the rate of 3.2%. 4. Credit cards processed electronically are available for electronic funds transfer (EF"f) deposit into a designated bank account with 48 business hours for Chevron and/or Texaco Retail or Alliance, Vsa, American Express, MasterCard, Discover, Multiservice and Awards after batch dosing of the credit card sales. Any manual credit card sales are processed for deposit normally with 10 to 14 business days. H. Payment Requirements and Reporting 1. Fuel delivery charges/credits will be kept in a separate account from credit card transaction reimbursement/charge backs. 2. The POS system will provide daily detailed reports and receipts showing individual transactions. Samples of invoices, daily report, and statements are attached. 3. Electronic Funds Transfer (EFT) is the required method. of reimbursement and/or charges for fuel and credit card transactions. I. Line of Credit The Hiller Group Inc. will provide SEBASTIAN MUNICIPAL AIRPORT an adequate line of credit with functional credit terms without a discount. Terms will be full payment within 20 Days from date of order of the invoice. J. Support Services 1. Insurance Program: The Hiller Group Inc. and Chevron Corporation provide Airport Dealers Aviation Excess Liability Insurance coverage in the amount of $75,000,000. The policy's sole intent is to provide excess liability (over a dealer's primary liability coverage), as respects the fueling activities of the dealer while using Chevron or Texaco products. SEBASTIAN MUNICIPAL AIRPORT must maintain a minimum base coverage of $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage including Liability within the Products and Completed Operations Hazard. 2. Quality Control and Assurance Guarantees a) Annual fuel farm inspections and documentation by The Hiller Group Inc. and bi-annual refueler Request for Fuel Supplier 1~O`~ Page 9 x:- ~~ ~ } "~- The Hiller Group, Inc. ,~ ~ " $04-544 3835 inspections and docu~-rentation for leased refuelers will be include;i. K. Brand Identification The Hiller Group Inc. will provide and install Chevron or Texaco brand i~:]entification to include, but not be limited to, a sign at the self-service fuel facility. The Hiller Group Inc. v:;ll also provide windsocks and frames at no additional cost to SEBASTIAN MUNICIPAL AIRPORT. L. Administrative Support 4. Administrative Support: The Hiller Group Inc. will provide administrative support relative to supplier SEBASTIAN MUNICIPAL AIRPORT relationship. Maritra Pizter, Peggy Ti~ompson and Mandy Flores are the customer service representatives assigned to SEBASTIAN MUNICIPAL r~:IRPORT. 4. Account Manager: The Hiller Group Inc. will provide an account manager whose interest and function is aviation and product sales. The single point of contact for all aspects of the contract(s): Wesley Earl Aviation Sales Manager The Hiller Group, Inc. 5321 Memorial Highway Tampa, FL. 33634 Toll free (800)-544-3835, Fax (813)-882-4294 email: Wesley@hilleraroup.com 3. Branded Uniform Program: Chevron offers a discount uniform program from ARAMARK Uniform Services to give a professional look that reinforces the Chevron and Texaco brands. 4. Technical Expertise: The Hiller Group Inc. and Chevron will provide technical expertise to be available twenty-four (24) hours per day seven (7) days a week and have available proprietary laboratory support from the Chevron Florida terminals serving SEBASTIAN MUNICIPAL AIRPORT and refinery in Pascagoula, Mississippi. M. National Saies Promotion and Advertising Prooram 1. National Advertising: Chevron Global Aviation provides national advertising focusing on their commitment to product integrity, fuel quality and customer growth. Chevron advertises in major trade publications such as Pro Pilot, Business and Commercial Aviation, and Airport Business At the end of this proposal is a copy of the Chevron Global Aviation media budget from 2006 and copies of these advertisements. We can provide press releases in these publications of news and events at SEBASTIAN MUNICIPAL AIRPORT. 2. Cooperative Advertising Program: Chevron offers a cooperative advertising program to support an airport's advertising. The program is designed to defray up to 50% of your advertising and promotion costs. Chevron will reimburse an FBO ~/2 -cent for each gallon of non-airline aviation fuel purchased during the preceding half year. Reimbursement will be limited to 50% of the actual costs of qualifying advertising done. FBOs may select a variety of different uses for their accrued funds. The follow items are approved for reimbursement: ^ Advertising in aviation trade publications ^ Newsletters published by the FBO which are sent to current or potential customers ^ Magazines Request for Fuel Supplier Page 10 `~ ~- '' The Hiller Group, Inc. '' . ' . !, 80(}-544 X835 .i ,' ^ Advertising in newspapers or newspaper inserts if it is in conjunction with an aviation event such as an air show, air race, etc. Otherwise newspaper advertising is not allowable. ^ Brochures published by the FBO ^ Direct Mail ^ The AC-U-KWIK aviation directory (any others require prior approval) ^ Internet advertising on AC-U-KWIK site (any others require prior approval) Chevron will include the airport in all company directory advertising at no cost, induding the Chevron website at www.chevronaviation.com. This includes a full description of your fadlity and services provided. You can also provide fadlity pictures or location on the airport. We also have a pilots a-mail reservations system where pi/ots can a-mai! you to reserve or notify you of scheduled arrivals We will provide an aviation advertising freelance agent in Atlanta to design an advertising program or for special projects. This may indude direct mailers or brochures and advertisements in regional publications or directories, This method assures that your business is receiving the direct benefit of the advertising. Cooperative Advertising funds may be used to pay for this service. Collier County Airport Authority used our advertising freelance agent to secure funds through the county's tourism and economic development board to pay for a national advertising project. 3. Aviation Industry Partidpation. Chevron Global Aviation and The Hiller Group Inc. believe strongly in the value of brand representation and promotion of our individual airport dealer locations through industry trade shows, induding NBAA, AOPA, Schedulers and Dispatchers and AS3-NATA. N. Imolementhtion and Start Up Plan The Hiller Group Inc. will initially assign the following account representatives to assist in the start up phase of the SEBASTIAN MUNICIPAL AIRPORT account: • Didc Bryant, Product Integrity Manager • Maritza Pitzer and Peggy Thompson, Customer Service Representatives • Wesley Earl, Aviation Sales Manager • John Stafford, FBO Marketing Upon award of the contract, a Chevron Product Integrity Spedalist will perform an initial inspection of all fueling facilities. SEBASTIAN MUNICIPAL AIRPORT will be given written documentation of the results and recommendations. An account representative will schedule a meeting with SEBASTIAN MUNICIPAL AIRPORT personnel to order and coordinate installation of Chevron branded signs. SEBASTIAN MUNICIPAL AIRPORT will be given a schedule of installation following the meeting. Credit card POS programming and integration will be scheduled with SEBASTIAN MUNICIPAL AIRPORT. Upon delivery, a representative will provide on-site training of SEBASTIAN MUNICIPAL AIRPORT personnel. Request for Fuel Supplier Page 11 % (o (o /.~VFU+~L CORPORATION The Nation's Leading IndF ;_;r~dent Supplier of Aviation Fuels and Services June 1, 2007 Joe Griffin Airport Manager Sebastian Municipal Airport 202 Airport Drive Sebastian, FL 32950 Dear Joe: We are pleased to present our comprehensive Avfuel Branding Program for your evaluation. The major difference in Avfuel's proposal is our commitment to aviation! Since this is our only business, we are able to devote all of our energy to working with you in developing your operation. Please review the following proposal and note especially our frequent fueling program, AVTRIP. AVTRIP is a real business builder, as it encourages the corporate pilot to uplift additional product while downplaying discounts. This means a better bottom line for you at minimal expense. We aggressively advertise this at the trade shows, encouraging pilots to seek out your location. Avfuel Corporation is committed 100% to the needs and concerns of the aviation industry. We have built our solid reputation on the service that we provide and the competitiveness of our programs. This comprehensive proposal is submitted for approval within 30 days and is subject to the execution of the contract documents satisfactory to both parties which will incorporate the proposal terms and when executed, become binding to both parties. I look forward to working with you in utilizing all of Avfuel's branded programs. If you have any questions, please feel free to call me at (252) 946-9401. Sincerely, AVFUEL CORPORATION _!~~' Irving Litchfield District Manager ~ C~~ AVfUeI VOted #1 Fuel Brand in the Professional Pilot Magazine PRASE Survey P.O. Box 1387, Ann Arbor, Michigan 48106-1387 (734) 663-6466, (800) AVFUEL4 (283-8354) 47 W. Ellsworth, Ann Arbor, Michigan 48108-2278 FAX: (734) 663-1681, www.avfuel.com A~FUE~ CORPORATION The Nation's Leading Independent Supplier of Aviation Fuels AVFUEL BRANDING PROPOSAL City of Sebastian, FL -X26 05/29/07 Marketing • Web-Based Exposure -dealer burst on either home page, avtrip section or contract fuel section • Statement Exposure -highlight on Avfuel charge card and Avtrip statements • Newsletters -featured in Avfueler and Avtrip newsletters • Avtrip coupon book • 6 month Avtrip double point promotion • Co-Op advertising at 50% is $0.005 per gallon Avtrip • Cost is $0.01 per point, minimum 2 points per gallon Credit Cards Avfuel Card (standard) Avfuel Flight Platinum Card Fuel: 0% Fuel: 1.6% Non-fuel: 3.2% Non-fuel: 1.6% for first $249 Avfuel Contract Fuel 3.2% $250 and above Card 0.0% Cessna Contract Fuel Card 0.0% MasterCard and Visa 1.95% Non-qualified transactions Tier 1 - Tier 2 - 2.75% 2.94% Discover Card 2.2% Multi Service 3.2% American Express 3.5% Avcard 3.2% U.S. Governmental, 3.2% Multiservice or Avcard co-branded *Current discount schedule sub'ect to chap e Branding • Install wall or pole sign as long as electric and foundation provided Pricing • Avgas: Posted Rack Effective 5/29/07 $3.0284/gallon excluding taxes • Total Federal and Florida taxes total $0.28492 per gallon • Avgas 100LL meets ASTM D-910 (latest revision) References • Robert's Air South; Homestead, FL; Gloria Roberts, owner 305-246-0179 • University Air Center; Gainesville, FL; Bill Pokorny, GM 352-335-4681 • Banyan Air Center; Ft. Lauderdale, FL; Bill Garghill, GM 954-491-3170 ~~ P.O. Box 1387, Ann Arbor, Michigan 48106-1387 47 W. Ellsworth, Ann Arbor, Michigan 48108-2278 (734) 663-6466, (800) AVFUEL4 (283-8354) Fax: (734) 663-1681, www.avfuel.com SEBASTIAN MUNICIPAL AIRPORT Sebastian, FL May 30, 2007 i~4 Avfuel Corporation appreciates the opportunity to provide Sebastian Municipal Airport with this comprehensive Avfuel Branding Proposal. We regard our dealers as business partners, and his unique relationship has produced a wide array of programs with a single focus: attracting pilots to your runway and increasing your bottom line. Avfuel Corporation is the nation's leading independent Finding ways supplier of aviation fuels and services, the result of over 30 to increase your business and decrease years of continuous commitment to the industry. We strive your expenses is our to supply the strongest programs and most competitive fuel number one job at prices to our more than 2,500 aviation customers located Avfuel -- and we are committed to doing throughout the world. that job right! We are proud to offer this Avfuel Branding Program, along with its many advantages. As an Avfuel Branded Dealer, Sebastian Municipal Airport will be able to immediately and tangibly benefit from our extensive services -- and enjoywhat we call "the Avfuel Difference," ~~D Avfuel is dedicated solely to the aviation indutry! Our singular focus produces many new programs to help improve your business. MARKETING PR+C)~RA~~IS Avfuel is able to assist you in the development of an overall marketing str~itegy targeted to stimulate growth of new business and improve the profitability of existing business. We also want to hear your id~:as on how we can assist you develop additional business and increase your profitability. NATIONAL TRADE SHOWS Avfuel Corporation participates annually in the NBAA, AS3, Schedulers & Dispatchers, and American Association of Airport Executives conventions. They provide us with an opportunity to meet with and promote our fixed base operators. The AS3 Convention provides our dealers with an opportunity to discuss industry news and share management ideas with other FBO operators. The NBAA Convention offers a setting in which our dealers can meet directly with the pilots/end users of aviation fuel. Additionally, Avfuel produces a pilot mailing list from each convention and will make these lists available to you. During AS3 and NBAA, Avfuel also organizes a VIP party for our dealers, and invites industry press representatives and other industry VIP's. This is an excellent time to meet those individuals who are key players in the general aviation field. ~~~ MARKETING PROGRAMS CONTINUED CO-OP ADVERTISING Avfuel will set aside $.005 per gallon in a co-op advertising fund for every general aviation gallon you purchase from Avfuel each calendar year. This program is designed with up to 50% participation from Avfuel on approved advertising, based on available co-op funds. Funds can be used for virtually any advertising medium as well as line service uniforms. We remain flexible and will work with you to determine how we can best utilize this program to assist you in increasing fuel sales. DIRECT MAIL Avfuel will assist Sebastian Municipal Airport in the design and production of a direct mail piece, which will help keep your costs down. Avfuel has the ability to direct mail to specific targeted markets to increase traffic at Sebastian Municipal Airport. , SIGNAGE Runway visibility of the FBO can be an important advantage in amacting pilots to your facility. Avfuel will provide Sebastian Municipal Airport with an illuminated pole or wall mounted sign at no cost. We require you to provide the electrical service. i ~a~ NATIONAL TRADE PUBLICATION ADVERTISING Avfuel would be pleased to feature Sebastian Municpal Airport in one of these national trade publi- cations: AIRPORT BUSINESS, AVIATION INTERNATIONAL NEWS or PRO PILOT. Avfuel will run this full-page feature on your operation at no cost to-you. MARKETING PROGRAMS CONT~'~~ i_~EU AVNET Avfuel would be proud to include Sebastian ."~~luz~icipal Airport as an AVNET dealer, if you qualify. AVNET is our network of premier qualified FBO locations committed to providing exceptional customer service. AVNET dealers are provided support through many supplemental services, including those featured in national consumer and trade publications, promotional materials and additional exposure at the National Business Aviation Association (NBAA) Convention. Dealers also gain increased visibility and business by stimulating traffic between AVNET locations. ~~3 MARKETING PROGRAMS CONTINUED WWW.AVFUEL.COM The Avfuel website was designed to encourage pilots to search for Avfuel Branded Dealers. The site is easy to find, extremely navigable, fun and worth revisiting. Pilots can locate Avfuel dealers by state and access detailed information about that location. Pilots who participate in AVTRIP can check their current point accumulation, and new pilots can enroll in the AVTRIP program. There are interactive ways for pilots to earn bonus AVTKIP points and fmd out about exciting announcements or special promotions happening at Sebastian Municipal Airport in the dealer feature section. Our state-of--the-art website will also allow Sebastian Municipal Airport to view invoices, state- ments, EFT pre-notifications, credit card remittance sum- maries, pricing, contract fuel activities, parts catalog, QA tips and quality forms, plus learn detailed information about Avfuel's many programs and services. i~~ ~~ ~~~ ~~~ ~~~ I..~.s.a~rl[r wq.F......f4 hr.pN~s4..wnR0.Lwb)w •...~..,.....s M wnT. w. Mrnx.fw Mw.ie...M1idq wi.m.np Nemr../ V W /Y.M.rW. wib nuns pq.rn4 FM M...W n.~....'M mmiwv.lsitw4J. AVTRIP INCENTIVE :~'~~~'~~~TZr~l°VVT Avfuel's popular AVTRIP inc;~r;tive program awards points for U.S. Savings Bands ~o pilots who purchase fuel at participating Avfuel dealers offering AVTRIP. Over 32,000 registered pilots are acti~,~el j slicking out AVTRIP dealers across the nation. The AVTRIP program is extremely successful on two fronts: it significantly increases our dealers' business and substantially decreases the demand for discounts by corporate operators. But don't just take our word for it. The AVTRIP program promotes itself -with pilots and dealers. Avfuel will gladly provide names of participating AVTRIP dealers, and we encourage you to contact them to hear about their individual successes with the program. The enclosed AVTRIP brochure details the program and explains how it works for the FBO and the pilot purchas- ing the fuel. Avfuel vigorously promotes the AVTRIP program through numerous national marketing campaigns and specially targeted materials. Over 50,000 AVTRIP brochures are prominently displayed at the facilities of participating .dealers. And there are also 32,000 Jeppesen cards in circulation, which lists the current AVTRIP members. ~i THE AVTRIP PROGRAM CAN: ® Get tye pilot to choose an FBO that offers AVTRIP ® Convince the pilot to buy fuel ® Help persuade the pilot to buy additional fuel, not just a courtesy purchase o Soften or eliminate discounts ® Stop base customers from tankering fuel back to the home base ® Be used in conjunction with maintenance specials ® Be used for employee incentives, to increase fuel purchases. ® Have affixed-term double trip point incentive that will encourage the pilot to buy more fuel ~~5 QUALITY ASSURANCE PROGRAMS Avfuel takes its quality assurance and fuel handling education esponsibilities very seriously. Our comprehensive QA programs and widely experienced staff reflect our ongoing dedication to the critical issues of fuel quality and safe handling. ON SITE INSPECTIONS AND LINE TRAINING Avfuel has the most comprehensive Quality Assurance Program in the industry. Fueling operation inspections by our team of experts and line training DVDs are available upon request to help you provide quality fuel to your customers. Onsite fuel handling and training as well as Quality Assurance and Fire Safety Seminars (14 CFR Part 139 Approved). Daily operation and inspection forms to assist you with record keeping can be provided. Our representatives can keep your line personnel on the cutting edge of industry standards. Upon request, Avfuel can provide you with a Training Program in DVD format. 17 ~v EDUCATION AND SAFETY TRAINING DVDs: DVDs available for Avfuel customers are: • Proper Receipt of a Transport Load of Aviation Fuel • Aviation Fuel Quality Testing Procedures • Proper Operation of Refueling Equipment o Fuel Farm Maintenance and Management QUALITY ASSURAi~1CE PROGRAMS QA HOTLINE (800) 521-4106 Quality Assurance personnel are on staff at our toll `.~c number to answer your QA questions and assist you ~.vith any problems. Whether it is addressing fuel-handling issues or troubleshooting equipment repair, recommenda- tions from our experienced representatives will help keep your operation running efficiently. PARTS SUPPLY 24-HOUR QA EMERGENCY HOTLINE Avfuel handles a Experienced personnel staff at our QA hotline are variety of fuel related products to help keep available around the clock when you need emergency your equipment assistance. This results in timely answers to your operational. With questions from trained quality assurance professionals. Avfuel's volume buying ability, we are able to offer discounts and Quality Assurance and Fire Safety Seminar's convenience to our Avfuel dealers. Pricing (14 CFR part 139 Approved) are offered quarterly by for these products is Avfuel to help you meet FAA requirements and keep your available through our Avparts Department. staff up to date on the latest procedures and techniques. i~~ REFUELER TRUCK PROGRAMS Avfuel owns, operates and leases the largest fleet of refueler trucks in the industry, serviced by a team of talented and dedicated automotive professionals. A wide variety of refueler trucks, competitive lease prices and many years of training and service excellence are the key features of our truck leasing program. REFUELER TRUCK PAINTING Refueling equipment sees heavy use, and we can show you Avfuel offers a refueler truck painting how to properly maintain your equipment to keep it run- program for customer-owned ning smoothly and efficiently for a long time. Our vehicle trucks. Avfuel will participate in the repainting of refueler maintenance team will help with troubleshooting and can trucks at apre-determined guide you through tough problems step~by-step. Avfuel's price, based on tank size parts supply department and extensive inventory are also and type of tank. Avfuel will also furnish all decals. geared to save you time and money. Avfuel covers the fol- repairs for body damage lowing repairs when, in the company's opinion, repair is and rust are the responsibility of the truck owner. necessary: overhauls or replacement of the engine, trans- mission, differential or belly valve. All other maintenance is the responsibility of the customer. ~~g AVTANK It's not always easy to keep fuel stor~.~e .r~°,~ulations straight -understanding when you'_-: u~; to ~sode or when it's time to make a change. That's why ~ivhiel created the AVTANK Division. Through the AV fAiV~~ Program, 'we are able to help you sort through your prevailing area regulations, from fire specifications to ESA, state and local standards. Plus, the AVTANK Program offers design flexibility to meet the specific needs of your operation. AVTANK can design, engineer, build and finance tanks of a wide variety of sizes. ~~~ CONTRACT FUEL PROGRAM Avfuel's Contract Fuel program offers freight haulers, air- lines and other qualified customers the ability to purchase fuel on a contract basis. The Contract Fuel Program offers an excellent means of increasing your business by provid- ing fuel for scheduled or non-scheduled flights. You make the decisions regarding into-wing rates, size of aircraft and class or type of customer accepted. Additionally, due to our partnership with Cessna, their fleet of 5000 jet aircraft is directed to the Avfuel network of dealers worldwide. The Contract Fuel program is yet another example f how Avfuel creates opportunities for expanding our dealers' businesses. This program, like many others, can be customized to Sebastian Municipal Airport's individual needs, and Avfuel will gladly supply additional information if you would like to participate. l8b COMMERCIAL CONTRACT FUEL DIRECTORY New business will land at your door! An easy to read directory lists approved contract fuel agents, and the lcoations where contract fuel is available for a particular aircraft. On-line pricing makes fuel purchasing a snap. CHARGE CARD P~:~~''w.ESSII'~TG .kvFU~L CHARGE CARD PROGRAMS The Avfuel card is recognized throughout [he aviation industry, Avfuel's versatile Charge C~ru i rocessing Programs are with o-rer 700 dealer locations accepting the Avfuel card. designed to be cost-effecti~; e, convenient and easy-to-use Widespread field visibility for you and your customers. Another important feature of and continuous and aggressive marketing from Avfuel combine these programs: they are supported by the friendliest, most to result in increasing fuel sales efficient staff in the industry! for you. Our Flight Platinum Card is perfect for corporate flight departments requiring ELECTRONIC CHARGE CARD large credit lines and detailed PROCESSING billing which includes date, location, aircraft number and gallons purchased. This is the Avfuel's automated charge card processing and verification lowest fee card that offers the detailed billing the heavy system ensures flexibility and efficiency in processing card iron operators require. activity while helping you control your credit exposure. For those who do not require detailed billing, the vast Bi-weekly activity reports are designed to assist dealers majority of account holders, with account reconciliation, and our EFT draft there is the standard Avfuel capture/charge card deposit program helps streamline oper- Charge Card. This card is processed at o°~o for ations and eliminate paperwork. Avfuel does not charge a fuel; a tremendous per transaction or monthly statement fee for charge card cost savings to you. processing. A $35 per month charge for the electronic pro- cessing equipment covers the cost of all supplies, future programming changes and equipment replacement. v ue ar stan ar v ue ig t ahnum ar ue : .0 o Fue : 1. o on- e : o on- e : o or rst v ue ontract ue ar o o an a ove essna ontract ue ar o aster ar an isa o on-qua t to transacttons ter - 1 0 ter - o Lscover ar ° o ut ti ervtce o mencan xpress o vcar o . overnmenta tr ar o ( on-contract items PROCESSING RATES* *Current discount schedule subject to change i AVFUEL CHARGE CARD CONTINUED ELECTRONIC FUNDS TRANSFER (EFT) PROGRAM Avfuel's EFT Program offers customers flexibility and efficiency in processing charge card activity and fuel invoices. Our EFT program ensures prompt payment directly into our account, improving cash flow and reducing valuable personnel time required to prepare payments. Avfuel can further reduce paperwork by automatically applying your charge card activity to any outstanding fuel account balance, and automatically draft- ing your account for the remainder on the payment due date. Our EFT fax pre-notification process provides details of the transaction in advance of the draft to allow ample time for resolving any questions or discrepancies. At Avfuel, we constantly strive to create programs that make the job of running an FBO easier. WEBSITE ., Avfuel customers can look at remittance summaries, batch and invoice details order Point of Sales supplies, request account changes and receive customer support information on-line. Commercial Contract Fuel and AVTRIP transactions are also available. The site is password protected and Avfuel dealers determine which of their staff has access to this information. i 8~- INSURANCE PROGRAMS $50 MILLION THIRD PARTY INSURAI~TC;Ii: Avfuel will provide you with $50,000,000 third ~.rFy Aircraft Products/Completed Operations Insurance +.~: i `:h respect to Aviation Fueling Operations.. This is availjble providing you carry at least $1,000,000 of acceptable pri- mart' premises and products liability insurance, and name AVSURANCE Avfuel Corporation as an additional insured. coRPORATioN specializes exclusively COVERAGE OFFERED BY AVSURANCE in aviation insurance services, providing the In addition to the third party liability coverage, experience, know-how our subsidiary company Avsurance can, upon request, and support vital to create a comprehensive detail comprehensive aviation insurance program for insurance package Sebastian Municipal Airport. Avsurance Corporation appropriateto your needs. addresses the specific needs of aviation for those compa- nies serving the aviation industry, as well as for aviation equipment and facilities. Avsurance can provide the insurance coverage you require. 183 INSURANCE PROGRAMS CONTINUED Avsurance can help evaluate and make recommendations in the following areas: AIRPORT LIABILITY COVERAGE Coverage for premises, products and completed operations (sale of fuel, aircraft repair & service). HANGAR KEEPERS LEGAL LIABILITY Coverage for customer aircraft in your care, custody, or control on ramp or in hangar. AIRCRAFT HULL & LIABILITY Coverage for owned or leased aircraft operated by Sebastian Municipal Airport. AIRPORT PROPERTY COVERAGE Coverage for building and contents owned by your opera- tion. This can be written to include coverage for equip- ment, refuelers and fuel farms. ~~~ SUPPLY AND DISTRIBUI`_~~:~ ~~ Avfuel works closely with its C~J!lir~~<;:.;:~ ~::,r..;~:ors, ?ipelines, terminals and transporters to ensur,:~ -'1~}` .~. c:~~~~sistent supply of quality aviation fuel is deliver ~t ~c~ -'~_;. ;;~.~-,tome.r in a timely manner at a competitive tnic=~. Avfuel Corporation has contracts with ~~rcfi• X10 petroleum suppliers for supply fuel from over 2F0 terminals, allowing for multiple fuel sources. This allow ~, ~.~s to extend the best possible prices to our customers. Avfuel's network consists of primary and secondary terminals strategically selected to prevent supply disruptions. Providing aviation fuel and servicing the aviation business has been Avfuel's sole focus for over 30 years. Our concentration on the needs of the aviation industry, combined with commitment to service and competitive pricing, has earned us many loyal customers, -and, with a 20% share of the FBO's nationwide, has enabled us to grow into a general aviation leader. With a global fuel supply network and the most extensive support programs in the industry, Avfuel is proud to provide fuels, and unsurpassed customer services, to fixed base operators, helicopter operators, commercial and commuter airlihnes, U.s. miliary, freight haulers and corporate flight departments wor]dwide. 1~5 ADDITIONAL SERVICES & BENEFITS DEPARTMENT OF DEFENSE BID ASSISTANCE Avfuel is involved with the supply of fuels to the Department of Defense (DOD) on both a direct level and hrough many of our Fixed Base Operators. If you currently hold a DOD contract, Avfuel will work with you to meet the pricing terms. FUEL ORDERING Our dispatch team is available 24 hours a day throughout the year. The hours for regular in-office dispatching are from 7:00 a.m. to 9:00 p.m., EST, Monday through Friday. Avfuel provides a direct toll free number for fuel orders: (800) 458-0672. Emergency calls can be taken at (800) 521-4106. CUSTOMER SERVICE TRAINING Soon after the Avfuel branding is complete, an Avfuel representative will provide training for your customer service staff. this session will include instruction on how and when to request a fuel order. We will also highlight techniques for requesting the Avfuel credit card - processed at 0% - or other lower fee cards as part of our ongoing effort to provide extra savings for Sebastian Municipal Airport. f 8l0 TAX ASSISTANCE Avfuel has two tax advisors on staff to answer any questions pertaining to federal or state taxes. Ask for Tax Assistance at (800) 521-4106. ~AVFUE~ CORPORATION I~~ IS$ otv ~~{~ ~ ~~' ! ,1 ~~~~ ,~ , 7"l ~ll'Iii i!~ ^ L ~i.t'S.!'4l 93i.[119~ AGENDA TRANSMITTAL Subject: Agenda No. ~~, ~ J~~ Department Origin: Cit Mana er General Fund Early Retirement Option Finance Department: City Attorney: City Clerk: Ap ove or ubmittal by: Date Submitted: 19 July 2007 -„ A i er, Cit Mana er Exhibits: N/A ' EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $225,000 $0 REQUIRED: Up To $225,000 From General Fund Reserve SUMMARY At the July 16, 2007 Budget Committee Workshop, I presented a draft of the FY 2008 budget. The basic budget goal was to hold the current millage rate at $3.0519. As you know, this budget session has received additional attention and financial stress due to mandated Legislative tax reform. Therefore, the main purposing for maintaining. the current millage rate, even though the state mandated tax levy is $3.1157 is to prepare for additional. tax reform, which will be before voters in a January 2008 referendum. During the Budget Committee workshop, I informed the group that the proposed FY 08 Budget was- approximately $585,000 unbalance. There are a number of ways to bring the budget in balance such as using reserve funds, cut spending, adjusting the millage rate, or combinations of both. Unfortunately this year, the expenses reductions are extremely difficult decision such as reducing the Ditch/Swale maintenance contract, ending the crime lab participation, cutting the crossing guard program and others. What is even more difficult is that these cuts may still not be enough to bring the budget into balance. Even if the $3.1157 millage rate is used, which would generate approximately an additional $95,000, the FY 08 budget is proving to be difficult to balance. Understanding the current financial predicament, one potential way in which to bring significant savings for FY 08 is to offer Early Retirement Incentives for General Fund Employees. Recently, Council authorized this program to combat financial difficulties in the Building Department Fund. The benefits of this program of any outlay that is spent in providing the retirement incentive will be realized shortly thereafter by not replacing personnel (or replacing personnel at a lesser rate of pay) should they opt to participate in the Early Retirement Incentive program. Another benefit of the retirement incentive is that it prevented employee moral and other associated problems from ~g9 developing should employees opt to use their "bumping rights" if a Reduction In Force (RIF) is required. While the Building Department's financial position was immediately more tenuous than the General Fund condition, it is no less important to find ways to reduce expenses in the General Fund to prepare now for additional mandated reductions. Unfortunately, the General Fund is in a position that to further reduce costs hard decision would be required to cut important- programs and potentially personnel. To mitigate those impacts, now is a perfect time to introduce this option to the General Fund. As we did in the Building Department, the qualifications for the Retirement Incentive would be any employee that: (1) is within 37 months of age 65; and (2) has 14 years of service. The qualifying employee will be eligible to receive a early retirement incentive that would pay: (1) $1,000 for every year of service; (2) earned sick and vacation leave; and, (3) employee only life, dental, eye and health insurance. " In the General Fund, there are potentially eight employees that would qualify. Should every one of these employees opt for the incentive, the General Fund could save as much as $431;992, which nearly balances the project FY 08 deficit. The financial exposure to receive such a savings is approximately $225,000. Therefore this payment would be recouped in the first year. As a result, this program has the potential: (1) to bring savings; (2) balance the FY 08 budget; (3) use a lower millage rate, to prepare for additional tax reform; and, (4) provide opportunity to reorganize the organizational chart. As such, at the Wednesday, July 25, 2007 meeting I will be requesting that Council implement a General Fund Early Retirement Incentive Program, which would be offered for this year only, having an enrollment window of approximately August 1 -August 30. RECOMMENDATION Staff recommends that Council authorize the City Manager to spend up to $225,000 to provide early retirement incentives to qualifying employees. Said funds shall be provided for in the. General Fund Reserve Account which has an approximate balance of $4,500,000. ~qo