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HomeMy WebLinkAbout03262008 AgendaCRY OF S~sT rt~~yy - - . -_~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 26, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER PATERNOSTER 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE BY COUNCIL MEMBER PATERNOSTER We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 7. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.034 A. National Boys & Girls Club Week -March 30 -April 5, 2008 08.035 B. Presentation and Receipt of Comprehensive Annual Financial Report (CAFR) s FY 2007 (Finance Transmittal, CAFR under separate cover) 08.036 C. Presentation and Receipt of Sebastian Community Redevelopment Agency 5-2o Annual Activity Report FY 2007 (Clerk Transmittal, FS163.356(3)(c), ad, Report) 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. 21-2s A. Approval of Minutes - 3/12/08 Regular Meeting 08.037 B. Approve Craft Club Annual Show Dates in Riverview Park for 2008-2009 with 31-35 50% Waiver of Fees and Raindates (Parks Transmittal, Application, Craft Club Letter) 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 08.010 A. Collier Creek Wall RFP Report -Council Direction (Engineering Transmittal) 37-43 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 08.038 A. Mike Konopacky -Petition Re: Objections by Citizens of Sebastian to a Dog 45-46 Recreation Area in Part of the Storm Water Park by the West End of Thunderbird Drive (Petition Language) 13. NEW BUSINESS 08.039 A. Proposed Sebastian Riverfront Fine Art and Music Festival, Inc. Agreement (City 47-51 Attorney Transmittal, Agreement) 08.040 B. Proposed Sebastian Clambake Foundation, Inc. Agreement (City Manager 53-61 Transmittal, Agreement, Expense Ledger, Memo) 08.041 C. Gilliams Complaint -Growth Management Department (no backup) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 08.042 A. Verbal Report on Vero Beach/Sebastian Meeting Broadcasts (no backup) 16. CITY CLERK MATTERS 2 17. CITY COUNCIL MATTERS A. Mr. Wolff B. Manor Coy 08.043 i. Kudos & Dodos C. Mr. Neglia D. Mr. Paternoster E. Ms. Simchick 18. 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 IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 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. Upcoming meetings: Apri19, 2008 - 7:00 pm -Regular City Council Meeting Apri123, 2008 - 7:00 pm -Regular City Council Meeting May 7, 2008 - 7 pm -Airport Workshop May 14, 2008 - 7:00 pm -Regular City Council Meeting May 28, 2008 - 7:00 pm -Regular City Council Meeting June 11, 2008 - 7:00 pm -Regular City Council Meeting June 25, 2008 - 7:00 pm -Regular City Council Meeting 3 cmoF ~~ HOME OF PELICAN ISLAND BOYS & GIRLS CLUBS WEEK March 30t" -April 5t", 2008 WHEREAS, the young people of Sebastian, Florida are tomorrow's leaders; and WHEREAS, many such young people need professional youth services to help them cope with a wide range of social and financial hardships; and WHEREAS, the Boys and Girls Clubs of Indian River County provides services to more than 2,000 Indian River County young people at its current three clubhouses and through its Youth Volunteer Corps program; and WHEREAS, the Boys & Girls Clubs of Indian River County is at the forefront of efforts in providing our young people with positive self-identity, educational, employment, social, emotional and cultural competencies, community involvement, health and well-being and moral compass; and WHEREAS, the Boys and Girls Clubs of Indian River County helps ensure that our young people keep off the streets, offering them a safe and supportive place to go and providing them with quality programs; and WHEREAS, the Boys and Girls Clubs of Indian River County will celebrate National Boys & Girls Club Week, 2008 along with some 4,000 Clubs and more than 4.8 million young people nationwide. NOW THEREFORE I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, do hereby proclaim March 30 - Apri15, 2008 as "BOYS & GIRLS CLUBS WEEK" and call on all citizens to join with us in recognizing and commending the Boys & Girls Clubs of Indian River County for providing comprehensive, effective services to the young people in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 26th day of March 2008. Andrea B. Coy, Mayor 1~~.03u O or HONfE OF PELIGN IStANi1 AGENDA TRANSMITTAL Subject: Agenda No. ' E COMPREHENSIVE ANNUAL FINANICAL Department Origin: FINANC REPORT - FY 2007 City Attorney: City Clerk: A pro d for Submittal by: Date Submitted: 20 MAR 08 A nn r, Cit Mana er Exhibits: CAFR EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY Provided under its own cover is the Comprehensive Annual Financial Report for Fiscal Year October 1, 2006 through September 30, 2007. Present at the Regular Meeting to present and review the annual audit will be representatives from Harris, Cotherman, Jones, Price and Associates. ~` ~ black g~a5e 0 arc of _, __ HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: (' ~, ~;~ ~ (^; Annual Seb tian CRA Report for the I Ye nding September 30, Fis , 20 ,,, ' Department Origin: City CI rk for City ~ Manager ity n g r ~~..~, ~ Date Submitted: 3/19/08 \ ` City Attorney ~/ For Agenda of: 3/26/08 CRA and City Council Meetings Exhibits: FS 163.356(3)(c), Ad copy, Annual Sebastian CRA Report SUMMARY STATEMENT Section 163.356 (3)(c), FS, requires the Community Redevelopment Agency to file a report of activities to the primary government by March 31 of each year and publish in the newspaper notice of availability of the report. The annual Sebastian Community Redevelopment Agency report of activities for the fiscal year ending September 30, 2007 required by 163.356(3)(c) FS was prepared by the Finance Director and is attached for your review. The Annual report will be formally presented for acceptance by the City Council following presentation of the City's Comprehensive Annual Financial Report at the Regular City Council meeting at 7 pm. Upon receipt of the Annual Sebastian CRA Report by the City Council, the City Clerk will publish in the newspaper availability of the report. RECOMMENDED ACTION FOR CRA: Accept the Annual Sebastian CRA Report and forward it to City Council. FOR COUNCIL: Accept the Annual Sebastian CRA Report . Notice of availability of the report is scheduled to run on Thursday, March 28, 2008. ~3 ~~ ~. ~ ~~ f~~~~) (c) The governing body of the county or municipality shall designate a chair and vice chair from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualifications, duties, and compensation. For such legal service as it requires, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this art shall file wi~_th the ,governing body, on or e ore March 31 of each year, a report of its activities for the preceding fiscal year, which rep- ort shall include a complete financial_statement setting forth its assets liabilities income an~ating expenses as of the endYof such fscal~Year._At the time of filing the report the agency s a publish ~n a newspaper of e ._~__ tion in the community a notice to the e ect t at such report has been filed with the county or municipality and that the report s_ available for ins ection during business hours in the office of the clerk of the city or county commission and in the office o t e agency. PUBLIC NOTICE IN ACCORDANCE WITH FS 163.356 CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA The Sebastian Community Redevelopment Agency submitted its 2007 Annual Report to the City Council on March 26~', 2008 in accordance with FS 163.356 and it is available for review in the Office of City Clerk and on the City website www.cityofsebastian. org. The City's 2007 Comprehensive Audited Financial Report (CAFR) was presented to City Council on March 26th, 2008 and includes a separate section relative to the Community Redevelopment Trust Fund. It is available on the City website under the Finance Department. By Sally A. Maio, MMC City Clerk display ad to run March 27th, 2008 SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT Under Chapter 163.356(3)(C) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 ~; TABLE OF CONTENTS Letter of Transmittal i List of Principal Official ii History 1 Exhibit I -Sebastian CRA Boundary 2 FY 2006 Sebastian CRA Activities 3 Exhibit II -Operating Millage Rates in Redevelopment Area 4 Exhibit III -Taxable Value in Redevelopment Area 5 Exhibit IV -Tax Increment Revenue 6 Financial Statements 7 CITY OF 5~~~ HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 March 18, 2008 Sebastian Community Redevelopment Agency Board Chairman and Members City of Sebastian, Florida Dear Board Members: We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for the fiscal year ended September 30, 2007. Section 163.356(8)(C), Florida Statutes, requires each CRA to file with its governing body, on or before March 31 each year, a report of its activities for the proceeding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement, the report provides additional information concerning the benefits afforded by the agency to other jurisdictions and citizenry in general. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the Sebastian CRA's operation and financial activity have been included. bmitted, Manager ~~,~~~ Kenneth W. Killgore Finance Director Cj LIST OF PRINCIPAL OFFICIALS September 30, 2007 ~~ Chairman Board Member Board Member Board Member Board Member ~~ Andrea Coy Sal Neglia Al Paternoster Dale I. Simchick Eugene Wolff History of the Sebastian Community Redevelopment Agency (Sebastian CRA) The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally east of the FEC Railroad right-of--way to the eastern City limits. The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include the Sebastian Boulevard "Triangle" area west of the FEC Railroad right-of--way. The total Sebastian CRA area is 299 acres excluding road rights-of--way (Exhibit 1). The governing body of the Sebastian CRA is the Sebastian City Council. The Board is comprised of five (5) members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property, to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions. The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad valorem tax attributed to the increase in the assessed value over a `base year" for various jurisdictions in the redevelopment area. The jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian River County Board of County Commissioners. After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, and the redevelopment plan was also modified by the Iler Planning Group on behalf of the Sebastian CRA. The 2003 plan basically unifies the 1995 Sebastian CRA boundary and the expansion area as one cohesive CRA, and presents conceptual district recommendations, potential policy amendments, and capital improvements intended to meet the City's redevelopment goals. Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished. Accomplishments are as follows: ^ Provided annual funding support to festivities such as Riverfront Christmas decorations, Clam Bake festival, fine art festival, concert in the park, and Pelican Island celebration since the year 2000. ^ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001. ^ Developed community redevelopment master plan in 2003. ^ Completed Jackson Street extension, sidewalk, and street light project in 2004. o Completed improvements to the Yacht Club ^ Initiated design work for the Indian River Drive/Main Street project. ^ Established a Facade, Sign and Landscaping matching grant program. 1 i i~ City of Sebastian CR.A . ~~~ lZ T es..,i FY 2007 Sebastian CRA Activities The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). Major accomplishments of the Sebastian CRA in 2007 include: ^ Purchased a portable bandstand in November 2006 for riverfront festivities. ^ Provided funding for concert in the park events and the fine art festival. ^ Provided funding for Holiday decorations. ^ Awarded five grants for the facade, sign, and landscape grant program to help business, in the Sebastian CRA district, to improve the aesthetics of their properties and buildings. ^ Awarded bids for design and construction of the Main Street/Indian River Drive intersection improvement project. Tax Increment Revenue The tax increment revenue is determined annually as 95 percent of the difference between: (a) the amount of ad valorem taxes levied each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained within the redevelopment area, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General Obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year by the taxing authority, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated General Obligation Debt funded by ad valorem taxes Indian River County Land Acquisition Bond General obligation Debt Emergency Services Dependent Taxing District St. Johns River Water Management District Sebastian Inlet Taxing District upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the Redevelopment Trust Fund. Indian River County Board of County Commissioners and the City of Sebastian currently make tax increment payments into the Sebastian CRA Trust Fund. 3 (~3'~ The actual implementation of the tax increment financing was delayed until FY 2001. The City's millage rate has been decreased from $5.00 per $1,000 in FY 2001 to $3.0519 per $1,000 in FY 2007. The millage for Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5204 per $1,000 in FY 2006. The millage rates from 2001 through 2006 are presented in Exhibit II below. Exhibit II Sebastian Community Redevelopemnt Agency Operating Millage Rates in Redevelopment Area Indian City River of Total Fiscal Year County Sebastian Milla e Rate 2001 4.1014 5.0000 9.1014 2002 4.0501 4.5904 8.6405 2003 3.8729 4.5904 8.4633 2004 3.8377 4.5904 8.4281 2005 3.6233 4.5904 8.2137 2006 3.5204 3.9325 7.4529 2007 3.1914 3.0519 6.2433 I _ --- TotalTax Increment Millage Rate 10.0000 8.0000 - m a~ `~ 6.0000 - ca 4.0000 - 0 ~ 2.0000 - 0.0000 -+- _ ~ T -x- 2001 2002 2003 2004 2005 2006 2007 Fiscal Year _-_ I Source: City of Sebastian Finance Department 14 The taxable value of real property in the redevelopment area has risen significantly during the same period. In 2001 the total taxable value of the redevelopment area was $45.8 million. Compare to 2007 total taxable value of $134.8 million, the taxable value of the redevelopment area has increased by 194%. The taxable values in redevelopment area from 2001 through 2007 are presented in Exhibit III below. Exhibit III Sebastian Community Redevelopemnt Agency Taxable Value in Redevelopment Area Change in Taxable Base Year Incremental Incremental Fiscal Year Value Value Value Value 2001 $45,834,920 $34,959,870 $10,875,050 2002 58,263,740 34,959,870 23,303,870 114.29% 2003 58,844,190 34,959,870 23,884,320 2.49% 2004 66,307,980 34,959,870 31,348,110 31.25% 2005 (1) 78,424,554 41,561,980 36,862,574 17.59% 2006 (1) 89,418,550 41,561,980. 47,856,570 29.82% 2007 (1) 134,755,060 41,561,980 93,193,080 94.73% Taxable Value 1 100.0 ~ so.o ~ 0 0 60.0 w o - ~ 40.0 - 0 20.0 - i 0.0 - 2001 2002 2003 2004 2005 (1) 2006 (1) 2007 (1) ,~ Fiscal Year i (1) The taxable and base year values include the triangle area, which was added in the redevelopment area in 2003. Source: City of Sebastian Finance Department 15 Based on the millage rates and the significant increases in taxable values, the tax increment revenue has risen dramatically during the same period. In 2001, the total tax increment revenue was $94,029. In 2007, the tax increment revenue has increased to $552,741. The tax increment revenues for the redevelopment area for the Fiscal Year 2001 through 2007 are presented in Exhibit IV below. Exhibit IV Sebastian Community Redevelopemnt Agency Tax Increment Revenue Indian City River of Fiscal Year County Sebastian Total 2001 $42,373 $51,656 $94,029 2002 89,664 101,625 191,289 2003 87,877 104,157 192,034 2004 114,289 136,705 250,994 2005 (1) 126,886 160,753 287,639 2006 (1) 160,051 178,786 338,837 2007 (1) 282,546 270,195 552,741 I ___ Tax Increment Revenue $600,000 $500,000 $400,000 - $300,000 - $200,000 - - - $100,000 - - $0 2001 2002 2003 2004 2005 (1) 2006 (1) 2007 (1) Fiscal Year (1) The revenues include the triangle area, which was added in the redevelopment area in 2003. Source: City of Sebastian Finance Department 1~ Financial Statements The Sebastian CRA is considered a blended component unit of the City and therefore it is included in the City's annual financial audit. In order to meet the requirement of Section 163.387(8), Florida Statutes, which requires the CRA to provide for annual audit of the redevelopment trust fund, the Sebastian CRA has been treated as a major fund of the City. The financial statements included herein are unaudited statements of the Sebastian CRA. Audited statements are included in the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2007 and maybe obtained in the City Clerk's office 1225 Main Street, Sebastian, Florida or online at http://www/cityofsebastian.or~. 7 (~ Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2007 Unaudited ASSETS Cash and cash equivalents Investments Interest receivable Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Total liabilities Fund balances: Reserved for: Encumbrance Unreserved: Undesignated Total fund balance Total liabilities and fund balance 18 a $ 20,009 336,726 2,331 $ 359,066 $ 3,101 3,101 106,249 249,716 355,965 $ 359,066 Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the wear Ended September 30, 2007 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: Economic environment Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Fund balance -beginning Fund balance -ending 9 $ 552,741 33,209 100 586,050 80,279 609,822 690,101 (104,051) 675,417 $ 571,366 ~~ Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2007 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: Economic environment Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures OTHER FINANCING USES Transfers out Net changes in fund balances Fund balances -beginning Fund balances -ending Explanation of differences: Budget Amounts Original Final Actual Amounts on a Budgetary Racic Variance with Final Budget - Positive (Negative) $ 593,329 $ 593,329 $ 552,741 $ (40,588) 24,000 24,000 33,209 9,209 - - 100 100 617,329 617,329 586,050 (31,279) 132,844 159,086 95,256 716,072 228,100 875,158 389,229 (257,829) 80,279 78,807 620,815 95,257 701,094 174,064 (115,044) (215,401) (215,401) 389,229 (473,230) (330,445) 675,417 675,417 $ 1,064,646 $ 202,187 675.417 142,785 142,785 $ 344,972 $ 142,785 Encumbrances for professional services contracted but not completed is reported in the year the service is contracted for budgetary purposes, but are reported in the year the services are received for GAAP purposes. Current year encumbrances 106,249 Current year encumbrances (95,256) Amount reported as ending fund balance in the statement of revenues, expenditures and changes in fund balance $ 355,965 /~ 1Q V cC ~~ .~!~~ .. r ;.._. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 12, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the regular meeting to order at 7:20 p.m. 2. Vice Mayor Neglia led the Pledge of Allegiance. 3. A moment of silence was held. 4. Vice Mayor Neglia 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. 5. 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: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joe Griffin Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Police Lieutenant, Michelle Morris 6. AGENDA MODIFICATIONS None. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. Ms. Simchick announced the Chamber of Commerce/City sponsored Concert in Riverview Park this Friday at 5:30 p.m. Mr. Wolff noted the SRHS Jazz Ensemble will play. Mr. Neglia spoke on the Pelican Wildlife Festival stating it was a great time. ~1 Regular City Council Meeting March 12, 2008 Page Two 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 -Special Meeting 2/27/08 3-14 B. Approval of Minutes -Regular Meeting 2/27/08 MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the consent agenda passed on a voice vote 5-0. 9. COMMITTEE REPORTS & APPOINTMENTS None. 10. PUBLIC HEARINGS None. 11. UNFINISHED BUSINESS None. 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Damien Gilliams, Sebastian, said he wanted to speak on the Mayor not returning his phone calls, stated she said he is not allowed to wear a wig to meetings and said that wearing a wig and earrings is his option. He provided information about appraisals to the City Clerk in regard to the airport issue which included a rent study, and said he hoped the City Clerk would make copies for members of Council before we get to the airport item. Harvey Wheeler, 1464 Seahouse Street, requested a general briefing of how the tax reform will affect the City be given to the citizens every other meeting. The City Manager responded a written report would be coming to Council by the end of the month. Cindy Falco-DiCorrado, stated she was shocked that at the previous CRA meeting, the Fagade & Landscape Grant committee was not notified of the grant award meeting. Joe Scozzari, asked if the Mayor was working with the Chamber to provide economic development as she had promised and wanted to know how far she had come with it. Mayor Coy told Mr. Scozzari to address the chair and speak to non-personal issues. She said it inappropriate that he singled her out but said she would answer his question. She said Council was working with the Chamber and Ms. Simchick noted the Council had passed a resolution supporting the Chamber's economic development efforts. ZZ 2 Regular City Council Meeting March 12, 2008 Page Three 13. NEW BUSINESS 08.031 A. LoPresti Aviation 15-41 (Airport Director Transmittal, Proposed Lease and Agreement) i. Lease ii. Economic Development Incentive Agreement The City Clerk showed the large packet of documents previously provided by Mr. Gilliams in reference to this item and asked for Council direction to make the copies for them in fairness to anyone else who might request copies, noting by policy people are asked to provide their own copies. She said she would have them copied at this time if requested by Council. In response, Ms. Simchick requested a copy of the current appraisal he had provided, however, no other member of the Council wanted any of the copies at this time and Mr. Paternoster said he would review them at a later time. The City Manager read a written statement into the record with additional details (see attached). The City Attorney reviewed some minor changes to the contract as follows: Circle page 20, paragraph four, strike the last sentence, "In no event, however, shall the rent decrease below the sum of $44,400 in Years 1 through 10, or below $48,000 for Years 11 through 15 and any extension thereafter." Circle page 21, after subparagraph three, add, "(c)(4) However failure by tenant to pay rent in a timely manner as required by the terms of this agreement as a result of conditions beyond its control such as, but not limited to: war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction to any network facilities or servers shall not be deemed a breach of this agreement." By request the City Attorney provided a copy of the amendments to Ms. Simchick and Ms. Simchick said she would have liked a copy for all members of Council to review. The Airport Director said he had received an appraisal from a local state certified appraiser showing $8 per square foot for the office space and $2 per square foot for the hangar and approval from FDOT relative to the lease. Ms. Simchick pointed out that neither the appraisal, nor the FDOT approval letter had been provided to the Council or the public. The Airport Director then had both documents copied and provided them to Council and to the Clerk for the record (see attached). Mayor Coy suggested Council hear from the public and then take a break and review the materials provided. Ms. Simchick again asked if the appraisals were dated February 15, why they were not provided in the packet. Regular City Council Meeting March 12, 2008 Page Four Mayor opened public input. Chuck Lever, Mulberry Street, Sebastian, urged approval for economic development and gave a brief background on LoPresti Aviation. Cindy Falco-DiCorrado, Sebastian, said this is a fabulous way to bring jobs. Richard Gillmor, Kroegel Avenue, Sebastian, said he applauds economic development but there should be time to take a look at the whole picture, and suggested the hangar costs should be lower. The City Manager explained the $285,000 City match for FDOT grants in the amount of approximately $1.2 million total cost, but hopefully we'll come in under that amount, noting construction costs for the hangar to be roughly $100 per square foot so we think we can beat the $1.4 million. George Skilski said LoPresti runs a first rate operation and urged everyone to look at the lease on a positive basis. Jim Schaffer, Franciscan Avenue, Sebastian, salesman for LoPresti, spoke to LoPresti's high reputation, stating they will have a low environmental impact, their function at this facility will be mainly engineering and that fabrication and installation will be done elsewhere. Bill Bodon congratulated the City Manager and Airport Director for bringing this to the City and asked what we can do for other businesses so they don't fall by the wayside. Ed Herlihy, Seagrass, Sebastian, said this is a golden opportunity for the City to expand the tax base, and we need income for the building which was paid for in part by taxpayer money. He said as a pilot since 1964, he knows LoPresti is exceedingly well known in the aviation business and is the seed we need to start down the road to good economic development. Neil Lagin, Wentworth Street, Sebastian, said this will cost the City $285,000 and asked how much LoPresti was paying in Vero Beach. Debra Maerz, Sebastian Industrial Park, read from a prepared statement and urged tabling the matter for one or two week to request more information, look at every detail of the lease, noting it is hard to do business with the City, and urged asking is the City going to benefit, will it lower taxes, bring high paying employment to City, enhance quality of life to surrounding area, and will City be able to absorb any losses. Nate Episcopal, said we should welcome the company for more jobs in the City of Sebastian. Damien Gilliams, 1623 US 1, said he was disappointed with Council who normally ask for paperwork, thanked Ms. Simchick for requesting copies of the documents he provided to the Clerk, and then reviewed the documents citing the Vero Beach airport resolution which z~ 4 Regular City Council Meeting March 12, 2008 Page Five requires an appraisal, said we have not done due diligence, that the appraiser we used was not MAI certified, discussed the Vero Beach lease, and requested the item be tabled. He asked if the City used the Economic Development Task Force, cited the Vero Beach appraisal dated August 2006 and a new updated appraisal. He suggested getting a percentage of the gross income. Curt LoPresti, owner of LoPresti Aviation, said his business was community based and family owned, gave a brief background on his family's involvement in aviation and talked about their efforts to encourage public participation and knowledge of their operations with Leroy's Cafe which is open Saturdays once per month, he said they were looking for a City large enough to have facilities they needed and looked at 73 different locales, and based 40% of their decision on a matrix of 31 items and 60% was based on their relationship with the City, citing the professionalism of the City Manager and Airport Director and noting his family is from a small fishing village in Italy and that he hopes they get a chance to become a part of this community. Mayor Coy called recess at 8:34 p.m. and reconvened the meeting at 8:54 p.m. All members were present. Ms. Simchick told Mr. LoPresti she looks forward to working with him but had questions and concerns, then asked who wrote the specs for the hangar and why it was not included in the packet. The City Manager said preliminary specs are based on requirements of LoPresti and the design for the building was not complete though there are concepts, noting design and construction would be the next step if the lease goes through. Ms. Simchick asked why the square footage was omitted from the contract and the City Manager advised her that Schedules A and B of the proposed lease contain square footage information and cited that Schedule A is the administrative building space and Schedule B is the hangar which will be 15,000 square feet. The City Clerk pointed out that Schedule B was on page 39 of the agenda packet. Ms. Simchick said she did not have page 39 and it was discovered that City Council packets were missing circle pages 36 through 40. The City Clerk had pages 37 (Schedule A) and 39 (Schedule B) copied for Council at this time for their review (see attached). She noted those pages do appear in the scanned version in Laserfiche so they were available to the public on the website. Mr. LoPresti responded to questions from Mr. Wolff relative to employment. Mr. Wolff said he was excited about the potential of the lease, had visited LoPresti in Vero Beach, was concerned packets were incomplete tonight, noted no one else is offering to come to the airport and we have to give benefit of doubt, noted there will be some extra planes but not a significant amount, and manufacturing won't be done in Sebastian. He said $285,000 is not a lot of money and would understand if Council cannot come to an agreement tonight because of the lack of information. s 25 Regular City Council Meeting March 12, 2008 Page Six Mayor Coy cited that previous Council almost rented out this property to someone else about two years ago for less than this and the LoPresti name was mentioned then, cited the need for economic development, noted the company has stated it pays $18.40 an hour which is a decent salary, said she visited the LoPresti operation in Vero Beach and talked to employees and they love working for this guy because he cares about his people. She said she too has many questions but is satisfied and is prepared to go forward and support the initiative this evening. In response to Mr. Neglia's questions about the grant money the City Manager said the grant money is a match and must be available to reimburse but that we should not get bogged down in finances because staff will come back to Council for that, that coming up with the $285,000 is a piece of cake and it will return to the City with the rent money and won't cost the general fund or citizens any money. In response to Mr. Neglia, Mr. LoPresti said currently he has three Sebastian residents out of 21 employees and he advertises for positions locally. The City Manager explained to Mr. Neglia that with Mr. LoPresti utilizing the hangar for which we received the grant, we are guaranteeing a source of payment. He then explained the rebate program whereby if they don't create jobs they don't get the rebate. In response to Mr. Neglia, the City Manager said LoPresti currently conducts afly-in and has an aviation open house program and they will continue that, they may use the City's fuel and bring in others who may use it as well, can't say there won't be more traffic because they are going to market the Fury in this location but we may be able to attract other small businesses who are coming to see the Fury and like what they see in Sebastian. Mr. Neglia said this is good for Sebastian but he has concerns. In response to Mr. Paternoster, the City Manager said there is zero revenue being generated now from the administration building, that there are expenses for maintenance and utilities in an approximate amount of $25,000 out there that could be covered by this, and that 60% of the revenues to the airport come from the Golf Course. Mr. Paternoster noted for the record that Mr. Gilliams stated on December 13, 2006 that $8 per square foot for this property is fair market value. He said he has spoken to Mr. LoPresti, Mr. Griffin and Mr. Minner and commended them for this agreement and was in a position to move forward this evening. Ms. Simchick said she was in agreement with this, but cannot commend staff, that this was the worst packet she had ever received in her years in government public records and it is her job to see that the citizens have full public view, noted we are missing four pages in our packets, the credit rating, the two loan options, the appraisal and FDOT information were not available until tonight nor was the modification by the City Attorney provided. She said she would like to see a packet next week with those documents. MOTION by Ms. Simchick and SECOND by Mr. Neglia to table to the next meeting where modifications can be applied to the lease and to our packet. 6 Regular City Council Meeting March 12, 2008 Page Seven Under discussion, Mr. Neglia said we need this but agreed with Ms. Simchick that we received papers at the last moment, however, 95% of this will be the same information at the next meeting and everything is good, i.e., the money, the prices, and he is inclined to approve tonight. The City Manager told Mr. Neglia if you approve and they execute they are obligated to make us whole and they can't back out. He then explained to Mr. Wolff that the lease is fifteen years by recommendation of FDOT though he had originally proposed ten years, and the economic development plan is ten years because once we have our match covered we stop incentives. He also explained Vero Beach has a higher fair market value because they are more attractive to businesses because of their amenities. The motion was discussed and it was advised that it should read "postpone" to the next meeting due to lack of information rather than table. Result of the roll call was as follows: Ayes: Simchick Nays: Coy, Neglia, Paternoster, Wolff Failed 1-4 MOTION by Mr. Paternoster and SECOND by Mr. Wolff to approve the economic development incentive agreement and lease agreement with LoPresti Aviation as modified by our City Attorney. Result of the roll call was as follows: Ayes: Coy, Neglia, Paternoster, Wolff Nays: Simchick Passed 4-1 14. CITY ATTORNEY MATTERS None. 15. CITY MANAGER MATTERS The City Manager reiterated that citizens must clean up after pets in parks. 16. CITY CLERK MATTERS The City Clerk apologized for the missing pages in the packet. 08.032 A. Citizen Budget Review Advisory Board 43-45 i. Direct City Clerk Re: Two At-Large and One Alternate Member Terms - Extend One Year Term Expirations from April 2008 to November 2008 or Re-Advertise for New Members for Review of 2008/2009 Budget (City Clerk Transmittal, Code Provisions) ~~z;~ Regular City Council Meeting March 12, 2008 Page Eight MOTION by Mr. Neglia and SECOND by Ms. Simchick to extend the two at-large positions through November on a voice vote of 5-0. Ms. Simchick appointed Charles Cardinale as her representative. 17. CITY COUNCIL MATTERS A. Ms. Simchick Ms. Simchick thanked everyone who participated and attended the Pelican Island Wildlife Festival. B. Mr. Wolff None. 08.033 C. Mayor Cov i. Potential City Hall Open House (no backup) Mayor Coy reported on her attendance at a board seminar with members of City boards and said in an effort to attract more people to come in and ask questions about boards, we could possibly arrange an open house on a Saturday and have the City Manager look into and also get input from the boards. Thanked everyone for the Pelican Island Wildlife Festival. To bring home how staff is aware of limited spending at this time, she reported when there was flooding under the childrens' activity tent, she sought help from public works staff member Bucky Gerber who told her he would help but could not spend any money, so she gave him $20 for bags of mulch. D. Mr. Neglia None. E. Mr. Paternoster Mr. Paternoster asked about the overgrown lot ordinance and the City Attorney said staff had met with USFW today and this issue was in the mix of discussions about scrub jays and they considered the proposed overgrown lot regulations a take. In response to Mr. Paternoster relative to constructing a sidewalk on Barber Street in the area of Park Place, the City Manager reported there is some money left from installing the sidewalk on Main Street and he planned to suggest spending gas tax revenues for operations and maintenance for the sidewalks, which will help free up the general fund for capital projects. He said this will also be in the written report he planned to provide by the end of next week. Mr. Paternoster reported on his public forum in Chambers on March 25, 2008 from 6 to 7 pm. Mayor Coy briefly updated Council on today's Land Acquisition Committee recommendation on the Corrigan land swap. 18. Being no further business, Mayor Coy adjourned the regular meeting at 10:22 p.m. ~~ Regular City Council Meeting March 12, 2008 Page Nine Approved at the March 26, 2008 Regular City Council Meeting. Andrea B. Coy, Mayor ATTEST.' Sally A. Maio, MMC -City Clerk '~ blr~k Faye. 301 i~'Y ~ r •~4 .; .. SQD~ ~~~. S 2iL2'l/~"'11`N •f3'.~c2 SY CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Craft Club of Agenda No. ~~, ~3 ~ Sebastian Craft Show Dates for 2008 - 2009 at Riverview Park. Department Origin: ;,~ `-P~.c.Ca„~ Finance Director: Appr ved for ubmittal by: City Manager City Attorney: City Clerk: ~--- Date Submitted: March 18, 2008 Al a ner For Agenda of: March 26, 2008 Exhibits: Park Use Permit Application and letter from Craft Club President. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Craft Club of Sebastian is seeking Council approval for its Craft Show Schedule for 2008 - 2009 at Riverview Park. The Craft Club of Sebastian has had shows at Riverview Park for many years and has worked well with the City. The Craft Club has donated to many worthy causes in the community. This year the Club is donating $500 to the City to help with the purchase of a new drinking fountain. In light of all the community activities the Club is involved with, the Club is requesting cutting all applicable fees by 50%. They requested November 1, 2008 but I switched that date to November 8, 2008 to save November 1 & 2, 2008 for the Clambake. This year's show dates are October 4, 2008, November 8, 2008, December 6 & 7, 2008, January 6, 2009, February 7, 2009, March 7, 2009, April 4, 2009 and May 2, 2009. Shows are from 9 AM until 3 PM at Riverview Park. Rain dates for this year's shows are October 5, 2008, November 9, 2008, January 7, 2009, February 8, 2009, March 8, 2009, April 5, 2009 and May 3, 2009. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Craft Club of Sebastian Craft Shows at Riverview Park from 9 AM until 3 PM on 10/4/08, 11/8/08, 12/6 & 7/08, 01/6/09, 02/7/09, 03/7/09, 04/4/09 and 05/2/09. Move to approve rain dates for Craft Club of Sebastian Craft Shows at Riverview Park on 10/5/08, 11/9/08,1/7/09, 2/8/09, 03/8/09, 04/5/09 and 5/3/09. 31 k~ I can k ~Q~ e, 3L C3TY OF ~utr~.,~nr _..,~_ . -.`~__.. 0-~ORBE e3~ PELICA[ I BSEAI~ED 1225 Main Street, Sebastian, Ft 32958 Telephone (772)589-5330 - Fax (772)589-5570 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION. Park Event - SO to 300 Attendees 50.00 Application/PermitFee Please check the appropriate Box: or Special Event - 301 or More Attendees $100.00 Application Fee Date : 7 ~~~~f~ ~DDg Name of Permittee: Permits May Only be issued~~n the Name o~fyan Adult or Legally Organized rganization Address.: ~~ < <~`~(~~( ~O ~,Cj~ ~~,~~r~i ,~ r Mailing Address:~~~~ ~~/f5 ~ ~~~ ~~~g~~=j7?~ Telephone: ~~ `-'~ ~j~~ Name of Organization or Group : ~l~4~~~`f u.~ o.~- ~" 4= ~-'~~~ Reason for Use: ~I~~C,O,~-,`'i ~°"~j,-1~ ~-, •- Requested Date(s) ~~~ ,~'-;~~~ J`,~ ,- Rain Date: ~~C~C ~;~'~C~,~~~ L~~~ Time of Use: From: c.~~* To:~~~ ~/YJ Wilt there be any sate of goods? Yes ~ No If yes, please describe type of goods on back_ Food or other types of vendors? Yes No~_ If yes, please list name, address and type of vendors and schemat;c_ of ar:;~ structures to be erected or otherwise assembled on back. `~z~; I, ~/C~-~~ ~,~'~~~~ the undersigned, acknowledge that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the permit. ~"~~: Ap cant/Agent Sign u e Office Use Only: Permit fee Paid _ Date initials ~3~ r S Park Application Continued - If Required List an vendor information and/or schematics on this a e. NAME ADDRESS TYPE Schematic: ve i t\.,,L VJL vial ~ J~c~ I o ~ ~ullu ~ L i VIIJ V I rCl nl I L d5 K~C~UeSLeO Dl/ L1 Ly P'IanaQer 3~f CRAFT CLUB of SEBATSIAN P.O. Box 780115 Sebastian, Florida 32978-1776 City of Sebastian 1225 Main Street Sebastian, Florida 32458 Attn: Sally Maio, City Clerk Once again it is time to present our request to the city for dates for our craft shows at our city riverfront park The dates we are requesting, again this year, are for the first Saturdays and the following Sunday(rain dates) for the months of October through May. They are: Show Rain 4 Oct. 5 Oct. 2008 1 Nov 2 Nov. " 6&7 Dec none. " 6 Jan. 7 Jan. 2009 7 Feb. 8 Feb. " 7 Mar 8 Mar. " 4 Apr. 5 Apr. " 2 May 3 May " We respectfully request that the City Council approve these requested dates for our coming craft year of 2008-2009. In keeping with our desire to continue to be good stewards of our park and in the spirit of improving facilities, we have made a proposal to our park director, Mr. McCarthy, to contribute $500 to the project of upgrading the drinking fountain to a cleaner and more sanitary one. We await his go ahead to issue the check. Once again, we wish to offer our appreciation to the city officials for permitting our local citizens to offer some variety to the city park and our other citizens and visitors during the year. Our thanks and gratitude goes out to the many previous and the present city council for their cooperation over the many years. As you know, we are the oldest continuing festival utilizing our park. ~,%,. (~~'(~j x~v~ Enzo . Maggard, president CC: Chris McCarthy, Park Supt. 35 bl~r~k paye 3~ tin` ~ ~~~,~ art 5. KQME QF FEt1{'AhT ISI1lNQ AGENDA TRANSMITTAL Subject: Agenda No. '' c~, r/} ((~ COLLIER CREEK Department rigi :ENGINEERING SEEKING SIDE-BANK TREATMENT Finance: DIRECTION City Attorney: City Clerk: A ,prpv o ubmittal by: bate Submitted: 20 MAR 08 i, ~ / i er, Cit Mana er Exhibits: -. EXPENDITURE REQUIRED: AMOUNT AVAILABLE: APPROPRIATION WALL: $4.7 Million $3.6 Million REQUIRED: RIP/RAP: $4.3 Million See Documentation Over the course of the last several years, the Collier Creek Canal Rehabilitation Project has seen many recommendations, public hearings, correspondences and deviations. Now, this transmittal is the most significant marker to date, as Council direction is sought on what course to follow to bring the project to fruition. The question, which will be placed before Council at their Regular Meeting for Wednesday, March 26, 2008, will be, "Shall the City proceed with the Collier Creek Canal Project by building rip-rap or seawalls?" In order to provide the most pertinent and direct information to help guide in your decision, this transmittal is broken into the following parts (1) a recap of project history; (2) summary of rip-rap bid process; (3) summary of the wall proposal process; (4) pros & cons analysis of rip-rap vs. walls with project costs; and, (5) a financial "map" for completing either alternative. PROJECT HISTORY The City has setout to dredge and repair side-banks of the Collier Creek Canal. This project was first contemplated in 2003, when the master stormwater plan was adopted. Then, the Series 2003 Bond Funds were issued and the City reserved $5.6 million for projects aimed at improving stormwater quality. The biggest portion of these proceeds was allocated to the Collier Creek Canal Project. After much discussion and many public hearings concerning ownership of the walls, construction process, bank treatment alternatives and much more, on July 13, 2005, the Council voted to move forward with the project, using the method of rip-rap to rebuild and restore the side-banks of the canal. The guiding principals of the rip-rap decision, in my opinion, were a compromise between aesthetics, permitability, and environmental issues; not to mention the most important factor being cost. In working with the St. Johns River Water Management District (SJRWMD), rip-rap was viewed as an alternative that would (1) meet environmental standards; (2) provide 37 habitat for native and surrogate species; and, (3) promote enough stormwater retention area to meet total daily maximum load (TDML) requirements. After all, the project has always been routed in an attempt to address the larger issue of stormwater quality. To illustrate the point that the project is rooted in stormwater treatment, I bring your recollection to the original project cross section aimed at maximizing retention. This design element was rooted in the idea that "stormwater" quality credits were needed to ultimately move the City toward a curb and gutter stormwater drainage system. As design progressed, by June 2006, my office became concerned that project cost estimates were "spilling over" originally anticipated costs. In planning for other capital projects, it became apparent that the Collier Creek Project had the potential to stymie other plans by utilizing special revenues designated for those improvements because of the needed supplemental bond funding. These concerns led to a memo, which I submitted to Council, requesting the review of the project. As a result, some major questions such as (1) Can the City really afford curb and gutter? (2) If we really don't build curb and gutter, does the cross section of the canal have to be so big?; (3) Can a smaller cross section of the canal accomplish TDML goals?; (4) Can Series 2003 bond proceeds be spent only to address side-banks and not drudge?; and, (5) Should we stay the course with the rip-rap option? These were important questions to ask at that juncture and, again, many of the same answers repeated. Rip-rap was still considered the best alternative. Perhaps the biggest question/change that came at this stage was that curb and gutter was not viewed as a reality. Being so, the scope of the project could be reduced (i.e., the cross section), lowering costs; thereby reducing the need for supplemental funding. Subsequently, the rip-rap option was retained, but this time with a modified, smaller cross section. Finally, after design was finished, the project was submitted for permitting and most required permits were issued by June 2007. In the interim between final permitting and construction bidding, one last review of potential options was conducted during summer 2007. In this process, the wall option was reviewed and specific attention was paid to the canal cross section, estimated wall/rip-rap costs and securing grant funding. By the fall a report was submitted to Council and at the October 3, 2007, meeting of the City Council the rip-rap option was again selected and construction bidding for the project commenced. On December 18, 2007 bids for rip-rap construction were received. However, as detailed bid review on the rip-rap option began, the City Engineer received information from contractors that initially indicated a change in market conditions. Due to this change, it was believed that the wall option should be re-examined. On January 9, 2008, I presented a memo to Council seeking authorization to investigate the potential of a wall option. In preparing for this research, the City Engineer and I laid out a plan where if certain engineering specifications, environmental standards and costs perimeters were met, addressing the side-banks with walls, could be a feasible alternative. With the authority granted to review the wall option, an RFP was submitted into the market place. On February 28, 2008, CDM and Dave Fisher started to review the wall proposals. In the subsequent section of this report, the review process is outlined, providing a recommended alternative for each option. Directly, the Wall RFP process revealed that this option is (1) environmentally stable (as the cross section is not reduced); (2) structurally acceptable; and, (3) potentially more expensive by $431,456. The above stated documentation and information brings the history of the project to present day. This communication reports that based on review, Council has two potential avenues concerning construction of the Collier Creek Canal side-banks. The next step is for Council to determine which alternative to construct. RIP-RAP BID PROCESS Four (4) bids for the Collier Canal Rip-Rap Option were received and opened on Tuesday, 18 December 2007. They were from: Arbor Tree & Land of Lake Worth, FL S.E. Cline Construction of Palm Coast. FL Blue Goose Growers of Ft. Pierce, FL • Gibbs & Register of Winter Garden, FL The bid proposal format called for and gave opportunities for an array of alternates. The alternatives concerned different sludge disposal sites and project length (i.e., stopping at the Barber/Lake Street Bridge or the canal headwall), which can be summarized as follows: Alternate A: Hardee Park Containment Area Bids ranged from $3,701,544 to $5,515,170 Alternate B: Airport Site Containment Area • Bids ranged from $3,701,544 to $5,585,170 Alternate C: Stormwater Park Containment Area • Bids ranged from $3,711,700 to $5,685,170 Alternate D: Contractor-Proposed Containment Area Bids ranged from $3,730,475 to $4,839,542 Further post-bid discussions conclude that Blue Goose was the only bidder to provide an "out-of- City' site for sludge disposal under Alternate D, the preferred scenario. At this time, if Council opts to construction the rip-rap option, staff advises that additional discussion and contract modifications occur. Currently, the contract price for rip-rap, under this option is $3,730,475. However, if further negotiations occur with Blue Goose, it is reasonable to conclude that the order of magnitude of identifiable savings could be in range of $50,000. WALL PROPOSAL PROCESS The City's RFP process to determine market prices for a vertical bulkhead option resulted in the receipt on 28 February 2008 of six (6) proposals, four (4) of which were considered responsive to the technical requirements of the RFP. Those four were subsequently reviewed in further detail with the respective individual proponents. The City now has qualified proposals in hand from (in alphabetical order): ATL Diversified Marine, Inc., of Boynton Beach, FL: Base Proposal: $3,723,000 • Alternate Proposal: $3,783,000 Custom Built Marine Construction, Inc., of Stuart, FL Base Proposal: $3,878,177 Gibbs & Register, Inc., of Winter Garden, FL • Base Proposal: $4,107,000 S.E.Cline Construction, Inc., of Palm Coast, FL • Base Proposal: $5,712,975 Alternate Proposal: $3,997,325 39; The base bid is wall construction from CR 512 to the Barber/Lake Street Bridge. The alternative prices aimed at providing a thicker vinyl wall. Discussions are now underway with the apparent lowest qualified proponent, ATL Diversified Marine, Inc., of Boynton Beach, to confirm mutual understanding of proposed specifications, work plans, references, and various terms and conditions. Should Council move to execute wall construction, staff would recommend further negotiations with ATL, leading to the creation of a Construction Agreement, which would be brought before Council sometime in early April. PROS/CONS AND COSTS In preparing cost and other comparisons, a few assumptions still need to be addressed. Those assumptions include (1) mitigation; (2) lot purchasing for project access; (3) spoil site; (4) project limits; (5) docks; (6) re-permitting; (7) professional/construction administration services; and, (7) contingency budgeting. MITIGATION -Concerns the construction of "littoral shelves" for wading bird habitat as required by SJRWMD. The rip-rap bid includes this cost as it was a portion of the design. The wall proposal does not include mitigation costs, because it was not the permitted option. If course is changed toward wall construction, a permit modification is required. At this phase, there is no indication that re-addressing side-bank treatment is a permitting issue. However, it is anticipated that mitigation for the wading bird will need to be addressed in the wall option. LOT ACCESS - In either case (wall or rip-rap), vacant lots adjacent to the canal are required for access/construction purpose. The numbers of lots needed, vary based on the construction method. Prices vary as well. Lease and purchase may also be an option. Nevertheless, an allocation of $250,000 is assumed for comparison purpose. SPOIL SITE -Originally, Hardee Park was to be used as a spoil site. Blue Goose Growers designated an alternate out-of-City site. Permit modification is required for spoils change; however, this is a minor permit adjustment. Concerning the wall option, the cost to take the spoil to an alternative site is encased in the base price. The main purpose in bringing this item to your attention is to announce that Hardee Park is no longer being considered as a spoil site and that was addressed in the wall RFP. At the time, alternative sites were sought in the rip-rap bid. PROJECT LIMITS - If rip-rap is chosen, staff recommends stopping the project at the Barber/Lake Street Bridge. The wall base bid only provides a cost up to the Barber/Lake Street Bridge. To make a fair comparison, see chart below. Extending rip-rap to wall is estimated at $330,000 and extending wall is estimated at $250,000. DOCKS - In previous discussion, Council direction was to replace docks. Upon review, there exist approximately 35 docks on the canal. Of these docks, only three have been properly permitted. This creates a unique legal question, which requires input from the City Attorney. There may need to be some reconsideration of replacing un-permitted docks. Nonetheless, for budget purposes, $180,000 is assumed for dock construction expenses. This figure is very liberal. As a suggestion, if Council opts to go with the wall option, a reasonable quid-pro-quo is that the funds were spent on walls in-lieu of rip-rap, so dock repair can be absorbed privately. The dock question is difficult and could be a source to reduce project costs. PROFESSIONAL/CONSTRUCTION ADMINISTRATION SERVICES - For either option professional and construction administration service will be required. For rip-rap, because of methods of construction, additional construction services are required. Wall construction has less "moving parts" and will be completed quicker. CONTINGENCY - At this time, no contingency budget has been established. Before a final budget is prepared, a contingency should be established. For the purpose of comparing wall vs. rip-rap, this figure has been omitted. Keep in mind however, that the assumptions made for the ~f0 walls have been liberally made. Docks, project limits, mitigation are all areas where costs could decrease. Hence, some contingency funds are built into the estimate. Below is a chart which depicts the pro/cons. Please note K'er denotes contractor. Ri -Ra O tion Vertical Bulk head O tion Issue Pro Con Pro Con Permitting No problems Provide /confirm No problems Provide'/ confirm foreseen. outline of constr. foreseen. outline of constr. Methodology. Methodology. Mitigation Mitigation plan in More opps for Need to revise hand. May be done mitigation. May be mitigation plan. (Not by local K'er. done by local K'er. difficult.) Sp011 Slte(S) Main spoil site and Main spoil site and permitting provided permitting provided by K'er outside of by K'er outside of Ci Ci . Vacant Lots Minimal number Minimal number required. (8-10) required. (5-6) Project Limits More difficult to Easier to extend / extend /revise revise project limits. project limits. Docks Cross-section is more Cross-section problematic in enables easier supporting dock access to water and systems. probably fewer/ cheaper dock re lacements. Admin. C011St More complex cross- Less complex . section calls for high cross=section degree of requires less construction intensive construction ins ection /admin. ins ection /admin. Disruption / Loads of rip-rap rock Piling material allows Traffic /Impact likely to cause some more orderly storage disruption and road and material on Roads maintenance / movement than rip- re airs. ri . Contingency 5°~°to 10%. 5%to 10%. Maintenance Will require ongoing Less ongoing maintenance by City. maintenance. Expansion Not likely favored for Likely favored and expansion to rest of easier for expansion canal system. to rest of canal s stem. Having provided the above information, the total estimated cost for the rip-rap option is $4,331,544. The wall option cost estimate is $4,638,000. till ITEM I RIP-RAP OPTION BLUE GOOSE (FT. PIER( WALL OPTION ATL (LAKE WORTH Base Project $3,701,544 $3,783,000 Extend to Headwall 330,000 250,000 Mitigation 0 100,000 Docks 0 180, 000 Land Purchases 250,000 250,000 Construct. Services 100,000 75,000 Potential Savings (50,000) TOTAL ESTIMATE $4,331,544 $4,638,000 PROJECT COST DIFFERENCE $306,456 PROJECT FINANCIAL "MAP" Obviously at $4.3 million for the rip-rap option and $4.6 million for the wall option, the Series 2003 bond budget is exceeded. Currently, the project has an allocation of $3,653,186 REVENUE ITEM AMOUNT Remaining Series 2003 Proceeds 319 Grant Bond Interest TOTAL $2,975,918 500,000 177,268 $3,653,186 To complete the project additional funding is. To allocate for these monies, my office proposes the use of reserved series monies for "under determined" master plan projects and shifting projects and funds in Discretionary Sales Tax (DST) revenue. For either option, financial plans and projects will need to be modified. FINANCIAL PLAN FOR WALL OPTION ITEM AMOUNT Current Series 2003 Available ~s,tibs,~tsb Special Stormwater Master Plan Reserve 301,305 Delay Blossom Ditch (DST Project) 500,000 DST Unallocated Reserve 183,509 TATAI PRA.IFCT FUND $4,638,000 FINANCIAL PLAN FOR RIP-RAP OPTION ITEM ~ AMOUNT Current Series 2003 Available I ~s,r5s,~ub Special Stormwater Master Plan Reserve 301,305 DST Unallocated Reserve 377,053 AL As a result of these modifications, presented is the effect on the 5-Year Capital Plan for the DST Fund. `~ ~J __ . °D REVENNE rent Leese Debd (Retires 2008) ,_ Car Purchases eautitication Grard Match _.__ _ _. 2008 2008 AMENDED l 2009 2010 2011 $2,680508 $2680,508 , $2,680,508 ' $2,680,500 $2,680,508 31,033,619 154 694 i :Blossom Ddch 500,000: „ . ... :Pedestrian Bridges ._... _. 200,000 ' - __.. _. _ - _ :Other Drainage (1l4.Easy Street)_ .._... 568 444 _. :114 Round Swaleknprovements __ .... __.. _... 25Q,W0 .. _... ._. _ _., _ :TOTAL FY 08 $3,195,163 _..._ _.. _. _. _... EHOINGBALANCE ..__. {$514,675).. ___.. .... _. _. ;City Ha6 Debt (Retres 201 B) ...... _ .... 31,033,619 -.. _ .... Equipment Leese Debt (Retires 2D08) _. __ .. _ 154 694 ;Police Car Purchases _ 365 000 ;512 Beauiifbatbn Grard Match 103,426 _ _ _ _ _ ~BlossamDdch 0 __. _ __ ._ ;Cd6er Creek _ _ 500,000 __ Adddartal Colter Creek 183,509 : ,. !Pedestrian Bridges .._ 200,000 __ ,_...._...... ±AddrtwnalBndges 208,000 08Mr Drainage (1l4 Easy Street)_,__ __ _ _ 568444 _ , :.114 Round Swale knprovements 250 000 _..._. ;TOTAL FY 08 _ _ ___ __ $3,586,692 _, _ ___ :ENDING BALANCE _ (~906,18et) ` _.. CSy Hed Debt (Retkes 2018) „ _ , _.. POtce Car Purchases , .. 385000 ;BlossomDdch ` __ SOOp00 ;Pedestrian Brdge _ 200 000 ....__ 1/4 Round krgxovemeMs _ 250,000 _ _ . ..... Terxds Court Resurface 45 000 'TOTAL FY 09 $2 413 619 ENDING BALANCE $266,689 Cdy FIaO Debt (Retires 2018) _ _ 31 033,619 _ ... ._ _ :Police Cer Purchases ~ 385,000 _. - .. ............. .Barber Schunem 1 ,500 000. BSSC BasebaA Field LigFd Replacemerd 250,000 :~ fd Der rri MvnvomeMe 250,000 __ ... ~__ ' ~~ LFY10 _. . _. ~_ __~_ ~_ $3 418 619 a_ _ _ GBALANCE __.~ ,,,, _. ($738111}_ _.. ~ Debt (Retires 2018) _. _ 31,033,619 _. CerPurchases ~ ~~~ need knlxovemerds _ 250,000 _ L FY 11 1 668x619 G BALANCE _ _ $1,017,889 aA Debt (Retkes 2018) _ ,.. > _ _31,033,619 Car Purchases _! 385,000 nndknprovemerds _ 250,000 L FY 12 __ $1 668 679 ~ ............... ._.__. __. .._ $1,011,869 Ili ... .__. _...i- ___ ____. _._.. _ ..__ _._ -__ ___ _ _.._. ~" ~~~~~~~~~ CURRENT DST FUND BALANCE . _ ... - .. $2,092,466 _ ~~~ _ _ _. -~~~~~~ ~~ ~~~~ . . _.__ - _- ° _... , r DST TOTAL REVENUE _ ,. $13,402,540 "'" . . DST TOTALE%PENSE $72,756,168 :DST EST FUND BALANCE FY 12 $2,738,838 ;Blossom D'tch Footling SYdfls to FY D9 end Barber5chumann kdersec0on shifts to FY 10. However,_prgeds can be shitted based on occurence, _ . ra as DST Lund balance remakes above 10% requwement and no defied spending _ _ _ _._ __ ._ __ __. _. SUMMARY/RECOMMENDATION Before Council are two viable options to complete the Collier Creek Canal Rehabilitation Project and address side-bank treatment. Also, staff has identified the best proposal for addressing either the rip-rap or wall options. Finally, a detailed analysis and financial plan has been recommended for accomplishing the project. At this time, staff seeks a formal direction from Council on side-bank treatment. Based on this direction, a contract will be negotiated and returned to Council for final approval. ~F3 ~~~nk ~2Jc ~~ The Indian River Press Journal reported on March 14, 2008 that the Sebastian City Officials are looking to put a dog recreation area in part of the Storm Water Park by the west end of Thunderbird Drive. This petition states the objections by the citizens of Sebastian to a dog recreation area in part of the Storm Water Park by the west end of Thunderbird Drive. The following reasons are given for the objection: Traffic -Using the estimated number of visits to the dog recreation area projected by the Humane Society of Vero Beach and reported in the Press Journal (50 to 60 dogs on weekdays and 200 dogs on weekend days) would result in 1400 vehicle trips up and down Thunderbird Drive each week. This level of traffic will severely disrupt the quiet residential nature of the neighborhood. This concern was expressed when the Storm Water Park was first proposed. Residents of Thunderbird Drive were assured at that time there would be no public access to the Storm Water Park from Thunderbird Drive. The residents of Thunderbird Drive expect the City Officials to honor this promise. Scrub Jays -Even though there have been no recent sightings of Scrub Jays at the location of the proposed dog recreation area, the adjoining land immediately to the east of the proposed area has been purchased by the City of Sebastian and is designated a Scrub Jay Community. The habitat of the Scrub Jay Community was further enhanced in 2007 by felling all large standing trees within the rough borders of S. Easy Street on the north, Schuman Drive on the east and Thunderbird Drive on the south. A dog recreation area is not a good neighbor for Scrub Jays or for humans. Environmental Impact and Maintenance Cost -Using the reported projected dog visits and estimating each visiting dog could deposit up to six ounces of feces and 8 ounces of urine during each visit would result in an estimated 13,650 pounds of feces and 2,275 gallons of urine deposited in the dog recreational area per year. This amount of waste being deposited in a concentrated area is not in consonance with the objectives of the Storm Water Park to cleanse run-off storm water. It is understood that the City of Sebastian has surplus funds available to purchase recreational facilities. However, funds for the maintenance of these facilities would have to come from a diminishing general fund. A dog recreational area is a high maintenance facility. It will require daily emptying of receptacles containing plastic bags of feces left by dog owners who choose to pick up after their pets. It would also require combing of the entire site to remove the remainder of the 13,650 pounds of feces left by owners who choose not to pick up after their dogs. This level of maintenance would be necessary to keep the park safe for both human and animal visitors. The resources required for maintenance will be in direct competition with other resources such as teachers, police and fire protection that would better serve the community as a whole. Precedence -The establishment of a dog recreational area within the Storm Water Park will set precedence. It will pave the way for the next special interest group who may want to have, for example, anoff--road area for riding ATVs. With each succeeding special interest group it will become more difficult to deny subsequent requests and the Storm Water Park will suffer further degradation. u8, 63~ 4'~ Petition -With the exception of putting a dog recreation area on Pelican Island, a poorer location than the Storm Water Park can not be imagined. The fact that all other proposed sights have met with objections may be an indication that a dog recreational area is not in the best interest of all the citizens of the City of Sebastian. The undersigned citizens of Sebastian hereby petition the City of Sebastian to eliminate from any further consideration a dog recreation area in part of the Storm Water Park at the west end of Thunderbird Drive and suggest the City of Sebastian reconsider any plans for a dog recreational area. Name 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Address L~,(c z City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. (.~ ~. ~J Subject: Fine Arts Festival Agreement Date Submitted: 3/20/08 For Agenda of: 3/26/08 SUMMARY: Last year Council entered into a one year agreement with the newly-formed non-profit corporation Sebastian Riverfront Fine Arts and Music Festival, Inc., to host the winter Fine Arts Festival with the stated intent to see how the event went before entering alonger-termed contract. Upon conclusion of the event this year, the organization approached the City about entering a five-year agreement modeled upon the terms from this past event. A draft agreement along these terms is enclosed for consideration by Council. RECOMMENDED ACTION: At Council's discretion - Move to authorize execution of 2008 JOINT PROJECT AGREEMENT FOR FINE ARTS AND MUSIC FESTIVAL. REVIEWED BY CITY CLERK: REVIEWED BY CITY ATTORNEY~_ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE ._ 4%I black paye ~~ 2008 JOINT PROJECT AGREEMENT FOR FINE ARTS AND MUSIC FESTIVAL THIS AGREEMENT entered into this day of , 2008 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC FESTIVAL, INC., 1125 US Highway 1, Suite B, Sebastian, FL 32958 (hereinafter called "SKEANE"), provides that: WHEREAS, CITY founded a Fine Arts and Music Festival featuring a juried art show and musical entertainment along the Riverfront during the winter season; and WHEREAS, SKEANE organized the 2007 Event, and CITY desires for SKEANE to continue to do so; and WHEREAS, the parties hereby set forth the obligations and privileges of involved in nurturing this valued relationship; THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. The parties shall cooperate in organizing and conducting the Fine Art and Music Festival during the winter season for the next five years beginning with the winter of 2008/2009 and continuing through winter 2012/2013. The specific dates of the festival shall be coordinated between SKEANE and the City Manager. 2. SKEANE, with the aid and assistance of necessary City personnel, shall organize and administrate all activities and events for said Festival in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, Fire Marshall and Health Department. 3. Said Event shall entail, at a minimum, a juried art show, a food and drink court that can include beer and/or wine service, and live musical entertainment over a two day period in Riverview Park, with such additional events as is determined by the SKEANE in consultation with CITY to be feasible. Indian River Drive shall be closed in the vicinity of the Park at such times and locations as determined at the reasonable discretion of the City Manager, following notification to businesses within 500 feet of a closed segment. 4. SKEANE shall meet with representatives of the office of the City Manager during the City budget preparation cycle and assist in establishing a budget for the obligations of the City under the terms of this agreement. 49 5. CITY shall provide law enforcement personnel as deemed advisable by the Chief of Police throughout the Event including, at a minimum, an officer to be specifically assigned to duty at Riverview Park for overnight security on the Saturday evening of the Event. 6. CITY shall provide personnel to supervise and assist in maintaining the Park and grounds, including trash removal and insect control, beginning with pre-event set-up through post-event breakdown. The CITY will make reasonable attempt to operate and dispose of waste in an environmentally recommended fashion. Additionally, CITY shall provide all electric power required for the Event. 7. CITY shall provide three half-page ads in newspapers published in Indian River County as designated by SKEANE, and advertising in the TGIF section of Florida Today. 8. SKEANE shall have the right to rent concession booths in Riverview Park and the closed portion of the Indian River Drive right-of--way as part of the Festival, and shall be entitled to all proceeds from said concession activities. 9. SKEANE shall organize fund-raising and otherwise have full financial responsibility for funding the Event. 10. At the end of the fiscal year for SKEANE, the organization shall file a financial statement with the office of the City Clerk. 11. SKEANE agrees to indemnify, defend and hold CITY harmless from. any and all claims of any nature brought by SKEANE 's members or agents in the course of performing CITY 's obligations under this Agreement, or from any claims by any persons arising from, or damages incurred by the CITY from, the actions of SKEANE 's members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. It is not intended for this provision to create any right of subrogation or any other third-party rights. 12. CITY agrees to indemnify, defend and hold SKEANE harmless from any and all negligence claims of any nature brought by CITY's employees or agents in the course of performing CITY's obligations under this Agreement, or from any claims by any persons arising from the wrongful acts of CITY's employees or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity. It is not intended for this provision to create any right of subrogation or any other third-party rights. 50 13. The sponsorship and organizational duties under this agreement shall not be assignable without the formal written consent of the City Council. AGREED to on the date first set forth above. CITY OF SEBASTIAN SEBASTIAN RIVERFRONT FINE ARTS AND MUSIC FESTIVAL, INC. Al Minner, City Manager ATTEST: Sally A. Maio, MMC City Clerk (Seal) By: Its: Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 5i, b(c~~~i~ pc~~ L~ tmt ~ .,.. ~~~~ TOME E3F FEGtCRAI f51ANQ AGENDA TRANSMITTAL Subject: Agenda No. ~ . ~ CLAMBAKE AGREEMENT Department Origin: CITY MANAGER City Attorney: A ov r Submittal by: City Clerk: Date Submitted: 20 MAR 08 A inn , Cit Mana er Exhibits: Agreement EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A l SUMMARY Attached is an amended version of the Sebastian Clambake Agreement. Please review and act accordingly. Also attached is supporting information about expenses and the like. RECOMMENDATION Staff recommends that Council approve Clambake Agreement. 53 (~ I a r~k day e, 5y SEBASTIAN CLAMBAKE FESTIVAL HOSTING AND SPONSORSHIP AGREEMENT This AGREEMENT made this _ day of , 2008, between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called the "CITY") and the SEBASTIAN CLAMBAKE FOUNDATION, INC. a Florida non-profit corporation (hereinafter called the "FOUNDATION") provides that WHEREAS, the CITY hosts public festivals in the Riverview Park complex in the winter, spring and summer of each year; and, WHEREAS, it is desirable that the CITY host a fall festival; and, WHEREAS, the FOUNDATION has formed and incorporated for the purpose of organizing a festival to be known as "The Sebastian Clambake Lagoon Festival" (hereinafter called the "Clambake") in celebration of the unique aspects of life along the Indian River Lagoon, to 6e held each year in the fall; and, WHEREAS, the CITY and FOUNDATION desire that said celebration be centered around CITY's Riverview Park complex; and THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. That the previous Agreement between the CITY and FOUNDATION, dated August 28, 2002 is hereby superceded by this Agreement. 2. The CITY shall be host to the FOUNDATION's Clambake for the years 2008 through 2012 and the parties shall cooperate in conducting the Clambake as set forth herein. 3. The FOUNDATION, with the aid and assistance of necessary CITY personnel, shall organize and administrate all activities and events for the Clambake, unless otherwise set forth herein, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations, and subject to reasonable safety controls of the Police Department, Fire Marshall and Health Department. 4. The Clambake shall entail, at a minimum, the serving of clambake-style seafood, beer and/or wine and non-alcoholic beverages, and musical entertainment, as well as various water-related activities, over athree-day period occurring on a date mutually agreeable to both parties targeted for the first full weekend in November. 5. Except as specifically set forth herein, the FOUNDATION shall have all financial responsibility for funding the Clambake. It is recognized that the Clambake is intended to be afund-raiser for local charitable and public-purpose projects and that, towards these purposes, the FOUNDATION may be compensated by vendors and others for use of the rights-of-way and park areas subject to this Agreement. So long as its non-profit status is maintained, however, the FOUNDATION shall control disbursement of all proceeds of the clambake in accordance with the requirements of Florida Law. 6. The CITY recognizes that the FOUNDATION is generally exempt from the Florida Sunshine laws; however, the FOUNDATION will, within one hundred and twenty (120) days from the last of the Clambake, provide to the CITY an annual financial report showing all FOUNDATION revenue and expenses. ~~ 7. Commencing as of 3 P.M. on the Thursday preceding the event, the entire Riverview Park complex, including the Yacht Club facilities, will be dedicated to the exclusive use of the Clambake. Sebastian Boulevard and Harrison Street east of the adjacent private properties thereupon, and Indian River Drive between Coolidge and the southern boundary of the Park, will be closed to traffic commencing as of 8 A.M. on the Friday of the event. These restrictions shall continue until the conclusion of the Clambake on Sunday evening. 8. The FOUNDATION is authorized to hold a carnival as part of the Clambake. In the event such a carnival is held, the portion of the Riverview Park complex reasonably required for the same shall be dedicated to this exclusive use up to 72 hours earlier than as set forth in paragraph 7 in order to accommodate set-up of the attractions. 9. The FOUNDATION is authorized to hold a boat show as part of the Clambake. 10. The FOUNDATION is authorized to maintain and shall have full responsibility for maintaining, the Castaway's Bonfire in accordance with established fire safety guidelines, and shall at all times have representatives tending the same. 11. The FOUNDATION shall have the use of the CITY portable band shell during the Clambake. 12. In conjunction with the Castaway's Bonfire, the FOUNDATION is authorized to bring in loads of sand to enhance the facilities. Said sand placement shall be coordinated with the Director of Public Works and, as a donation by the FOUNDATION to the benefit of the public, after the event said sand can be incorporated as fill into needed areas of the Riverview Park Complex or where the CITY determines it most desirable. 13. The CITY shall provide law enforcement personnel, as deemed necessary by the Chief of Police, throughout the event, including at a minimum one officer (either a certified sworn officer or a member of the department volunteers) who shall be specifically assigned to duty at the Riverview Park Complex for security overnight on Friday and Saturday evenings of the event. 14. The CITY shall provide a reasonable system of off-site parking and transport during the event except for those occasions when the parties agree that the same is not needed. CITY shall bear the financial responsibility for this system. 15. The CITY shall provide public works personnel to supervise and assist in event set-up, including initial preparation of the site, including insect control, and with event wrap-up. During the event at least one CITY public works representative will be on site for trouble- shooting duties. Additionally, the CITY shall provide all electric and water utilities and additional portable restroom facilities as needed by the Clambake. The CITY will make reasonable attempt to operate and dispose of waste in an environmentally recommended fashion. 16. Upon submitting event advertising receipts, the CITY will reimburse the same up to five thousand dollars ($5,000). 17. Additionally, CITY shall publicize the event thorough its newsletter, governmental access channel, public signage, wetisite and all other available CITY information outlets. 18. The CITY shall be accorded the highest level of sponsorship for the festival and shall receive the publicity and recognition granted any others of that status. (5~ 19. The FOUNDATION agrees to indemnify, defend and hold CITY harmless from any and all claims of any nature brought by the FOUNDATION members, or agents in the course of performing FOUNDATION's obligations under this Agreement, or from any claims by any persons arising from or damages incurred by the CITY from the wrongful acts of FOUNDATION members or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. It is not intended for this provision to create any right of subrogation or any other third-party rights. 20. The CITY agrees to indemnify, defend and hold FOUNDATION harmless from any and all negligence claims of any nature brought by CITY's employees or agents in the course of performing CITY's obligations under this Agreement, or from any claims by any persons arising from the wrongful actions of CITY's employees or agents whatsoever arising from the exercise of the privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity. It is not intended for this provision to create any fight or subrogation or any other third-party rights. AGREED to on the date first set forth above. CITY OF SEBASTIAN AI Minner, City Manager ATTEST: Sally A. Maio, MMC City Clerk SEBASTIAN CLAMBAKE FOUNDATION, INC By: Its: Anjani Grillo -President Approved as to form and legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney b I ~u~ ~a5 ~, 58 MAJOR EVENT EXPENSES ESTIMATE FOR 1 YEAR CLAMBAKE ITEM 2006 NOVEMBER ESTIMATED Additional Police $905 $950 Public Works 12,974 11,300 Miscellaneous 2,115 2,200 Advertising 8,500 5,000 Parking 610 625 MISC Reimbursement 1,981) (2,000 TOTAL ESTIMATE $23,122 $18,075 Notes: Some miscellaneous expenses are reimbursed by Clambake. Advertising is reduced per new contract. Estimated future reduces personnel time by 25% and increases salaries by 5%. No allocation for equipment costs -see memo. ART FESTIVAL ITEM QUANTITY COST Police Department Overtime (Quantity in Hours) 42 2,033.58 PW -Road Crew Overtime (Quantity in Hours) 34 953.06 PW -Parks Crew Overtime (Quantity in Hours> 9 172.44 Employee Over Time Costs (Quantity in Hours) 85 $3,159.08 TC Palm Advertisements 3 2,663.10 Florida Today Advertisements 1 1,337.50 Reliabili Pol Johns 5 570 TOTAL COST $7,729.68 4TH OF JULY ITEM QUANTITY COST Police Department (16 PD @ 4 HRS OT) $48.50 $3,104.00 Public Works (15 @ 12HR) $25.00 $4,500.00 Poly Johns $1,000.00 Other Miscellaneous $1,500.00 'AL WILDLIFE FESTIVAL ITEM QUANTITY COST Police Department (2 PD @ 10 HRS OT) $48.50 $970.00 Public Works (3 5 HR $25.00 $375.00 TC]TAL $1,345.00 TOTAL MAJOR EVENT COSTS $37,253.68 ~, ~lan~ p0.5e (~C TO: Members of the Sebastian City Council FROM: AI Minner, City Manager RE: 2006 CALM BAKE EXPENSES DATE: Friday, December 1, 2006 Pursuant to the annual request of City Council, provided in this memo is a detail of City expenses associated with our co-sponsorship of the 2006 Calm Bake. The expenses break down into four categories; (1) personnel, (2) equipment; (3) materials; and, (4) contractual obligations, which include event advertising and the parking shuttle. The expenses are as follows: ITEM I COST Personnel (472.25 Hours for 60 Employees from Various Departments) $13,878.42 Equipment 2,955.10 Miscellaneous Materials 2,115.36 Contractual Obli ationS (Approximate) 9,110.00 TOTAL COSTS $28,058.88 LESS EQUIPMENT AND MATERIALS 5,070.46 *TOTAL DIRECT COST TO CITY $22,988.48 In formulizing these casts, the following assumptions and actions have been taken to determine a "total direct cost to the City": Miscellaneous expenses are material such as extension cords, padlocks, hoses, ect. These material costs will be reimbursed by the Cafm Bake Foundation and become possessions of the foundation. 2. Equipment use is a "non-monetary" expense, meaning there is no fully tangible ability to accurately measure their direct expense (i.e. how much gas was consumed by the vehicle or no direct cash to track usage). As such, this expense is estimated by using a standard unit cost for vehicle types on a per hour basis. The unit rates were derived from standard federal guidelines for vehicle and equipment types (these are the same formulas used by FEMA for equipment use reimbursement). Also note that specific assumptions were made for the "Gator", "Easy-Go", Golf Carts, "Toro" and band shell. There were not standard units for these pieces of equipment so units prices were done by making assumptions. For example, the City of Vero Beach was contacted for their price schedule for band shell rental. 3. Regular time personnel costs can be considered intangible expenses to a certain degree. Regular hours are used for preparation and clean up and have not been counted towards a total direct cost. This action was taken because no direct money is spent for this item, as personnel costs for the year are already a planned expenditure. Hence the loss is one of work time as other projects maybe delayed while crews are preparing or cleaning up after the event. Further, one of the missions of the City is to provide cultural and recreational activities for the community. Therefore, this cost was not considered in the analysis. Nonetheless, for a rough estimate of regular time, approximately 20 employees were required for 24 hours of work. Assuming an average wage of $15.50 per hour, regular work costs for the Calm Bake would be $7,440 (not including benefits). 4. Per the agreement with the Calm Bake Foundation, advertising costs for the event are the responsibility of the City. As of the writing of this memo, the Foundation has not billed the City for these costs. I estimate that they will be approximately $8,500, 5. Some consideration may be given to payment of direct costs. The historic policy has been that contractual obligations have been paid by the CRA, while the personnel obligations have been absorbed by the General Fund. Please advise according should you wish to change this policy. In my opinion, the CRA has the funds available to cover the annual cost of personnel. Further, I would also argue that preparing for the event has a direct promotional effect to enhance and promote the CRA area; thereby, making eligible. However, as the CRA begins other major projects, allocations are of amounts that it is easily managed by the General Fund, without taking away money for future CRA capital improvements. 6. This memo provides bottom line category costs. Should you wish to see a detail of each expense category, that information can be provided. In summary, for the purpose of this report, total direct cost to the City for the Calm Bake are (1) overtime costs; and, (2) contractual obligations. These items are annually budgeted and, as stated in note #5, will be split between the CRA Fund (contractual) and General Fund (overtime). Having considered the following, direct cash expenses to the City for the 2006 Calm Bake is $22,988.48. ~i 1~1~2k pr,~e. ~~~~~ SEBf~STII~N RiVERFROIyT FItyE ART 1+~ND Ml1Si~ FF.~STIVI~I~, Itye. Enclosed please review copies of The Sebastian Riverfront Fine Art and Music Festival, inc. financials, City of Sebastian financial report(provided separately by AI Minner}, and proposed renewal contract #or the next fNe years. This year's event was hugely successful with record attendance by the public, and direct, positive impact throughout the business community. The cost of the show was $5500.00 SRFAMF, $7700.00 City of Sebastian, $1000.00 scholarships to be awarded in May 2008, and in-kind sponsorships of $5000.00(music, advertising other than City, and attorney fees} for a total of $19,200.00. As you can see, the total income #rom this year's event was $10,500.00. Without the sponsorship of the City we could maintain the event for about 2 years, therefore the sponsorship of the City is vital and appreciated. Our reserve funds can then grow to fund art in public places, growth of the festival, and other cultural events. A five year contract wilt allow SRFAMF to plan and cultivate such projects. SRFAMF will continue to promote and enhance the image and potential of our City in a partnership that implements the City's mission statement. As president of SRFAMF I would appreciate p{acing this on the last meeting of the March agenda, and PLEASE cats me before the meeting with any questions or concerns. Sincerely, ~. „~ ~ ~~~ ~f 5s ~ -2s2s Inc. Sebastian Riverfront Fine Arts ~ Music Festival 6:22 AM , Profit & Loss oa~z6ms cash Basis October 2007 through January 2008 Oct'07 -Jan 08 Ordinary incomelExpense income Direct Public Support Sponsorship 250.00 individ, Business Contributions 100.00 Total Direct Public Support 350.00 Rentals Booth Rental 7,250.00 Administrative Fee 1,365.00 ~ - _-_- Total Rentals 8,615.00 Other T-shirtslPosters 1, 548.00 Total Other 1 ~~•~ Total Income 10,513.00 Expense operations Entertainment SUU.UU Awards/Judging 1,000.00 Merchandise 1,424.08 Dues, Fees and Subs 135.00 Postage and Delivery 141.00 Supplies 488.85 Bank Charges 62.00 .......... Total Operations 3,750.93 Professional Fees Legal Fees 175.40 Total Professional Fees 175.40 Facilities and Equipment Equipment Rental 611.63 Total Facilities and Equipment 611.63 Other Types of Expenses License ~ Permits 30.00 Insurance 965.51 Total Other Types of Expenses 995.51 Total Expense 5,533.47 Net Ordinary income 4,979.53 Net income 4,979.53 Page 1 f &:21 AM Sebastian Rivertront Fine Arts i'~ Music Festival, tnc. o2r2sros Profit & Loss Budget vs. Actual r cash Basis October 2Q07 through January 2008 Oct'O7 -Jan 08 Budget S Over Budget °~ of Budget Ordinary income/Expense income Direct Public Support Sponsorship 250.00 3,000.00 (2,750.00) $.3% lndivid, Business Contributions 100.00 Total Direct Public Support 350.00 3,000.00 (2,650.00) 11.7°k Rentals Booth Renta! 7,250.00 8,200.00 (950.00) 88.4% Administrative Fee 1,365.00 Total Rentals 8,615.00 8,200.00 415.00 105.1 °~ Other Food 0.00 3,000.00 (3,000.00} 0.0% Trshirts/Posters 1,548.00 1,000.00 548.00 154.8% Total Other 1,548.00 4,000.00 (2,452.00) 38.7% 7otai Income 10,513.00 15,200.00 {4,687.00) 692% Expense Operations Advertising 0.00 2,000.00 (2,000.00) 0.0% Entertainment 500.00 3,000.00 (2,500.00} 16.7% Awards/Judging 1,000.00 1,100.00 (100.00) 90.9% Site Management 0.00 2,000.00 (2,000.00) 0.0% Artist Breakfast 0.00 300.00 (300.00) 0.0% Merchandise 1,424.08 50D.00 924.08 284.8% Dues, Fees and Subs 135.00 Postage and Delivery 141.00 Supplies 488.85 Bank Charges 62.00 TatalOperations 3,750.93 8,900.00 (5,149.07) 42.1°~ Professional Fees Legal Fees 175.40 Professional Fees -Other 0.00 1,000.00 (1,000.00) 0.0% Total Professional Fees 175.40 1,000.00 (824.60 17.5°k Facilities anti Equipment Equipment Rental 61 i .63 Total Facilities and Equipment 611.63 Other Types of Expenses Scholarships 0.00 2,000.00 (2,000.00) 0.0% License 8 Permits 30.00 Insurance 965.51 Total Other Types of Expenses 995.51 2,000.00 (1,004.49) 49.8% Total Expense 5,533.47 11,900.00 (6,366.53) 46.5°h Net Ordinarylncome 4,979.53 3,300.00 1,679.53 150.9% Net income 4,979.53 3,300.00 1,679.53 150.9% i Page 1