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02252009
crrvaF m~~ u ~!~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 25, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION -Pastor Bill Brothers, First Baptist Church of Sebastian 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of Cify Council members 6. 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. 7. 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. 1-1a A. Approval of Minutes - 2/11/09 Regular Meeting 09.041 B. Prior Approval for Vice Mayor Hill to Travel to Tallahassee Re: Working Waterfronts 15 Grant (City Clerk Transmittal) 09.042 C. Resolution No. R-09-10 1St Quarter Budget Amendment (Finance Director Transmittal, 17-47 Review Memo, Capital Projects Status Report, Schedule of Investments, 1St Qtr Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 8. 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. 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS 09.043 A. Dog Park Location (City Manager Transmittal, Site Plan) 49-51 09.044 B. Schumann Park -Direction for New Improvements (City Manager Transmittal, 53-57 Designs) 11. PUBLIC INPUT 12. NEW BUSINESS 09.045 A. Consider Land Purchase - 1301 US Highway 1 - $300,000 (City Manager 59-153 Transmittal, Financial Statement, Contract, Appraiser Info, Appraisals) 09.040 B. Indian River Drive/Main Street Improvement Project Change Order -Chamber Parking 155-1s2 (City Manager Transmittal, Change Order #1, Attachments,. Two Maps -Current Parking and Proposed Parking Under Separate Cover) 09.007 C. Discuss i. Manner in Which Items are Carried Forward to Subsequent Meetings When a Meeting is Not Completed ii. Public Input 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Coy B. Council Member Simchick C. Council Member Wolff D. Mayor Gillmor E. Vice Mayor Hill 17. ADJOURN (All meetings shall adjourn at 10:00 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. All City Council Meetings are Aired Live on Comcast Channel 25 2 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: March 11, 2009 Regular Meeting - 6:30 pm March 25, 2009 Regular Meeting - 6:30 pm April 8, 2009 Regular Meeting - 6:30 pm Apri122, 2009 Regular Meeting - 6:30 pm May 13, 2009 Regular Meeting - 6:30 pm May 27, 2009 Regular Meeting - 6:30 pm June 10, 2009 Regular Meeting - 6:30 pm June 24, 2009 Regular Meeting - 6:30 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-09-05 Regular City Council Meetings Public input is ALLOWED under the headings: / Consent Agenda / Public Hearings / Unfinished Business / New Business / Public Input Public input is NOT ALLOWED under the headings: / Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); / Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); / City Council Matters / Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Chair to Control Meeting In controlling the meeting during public input, the Chair will take the following actions: / First Offense -verbal warning to move on. / Second Offense -offender is directed to be seated. / Third Offense (refusal to be seated or other disruptive acts -offender will be asked to leave the premises) Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. Any provisions of the procedures resolution may be suspended for good cause by affirmative vote of at least three Council members. The good cause shall be stated on the record. 4 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 11, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Dave Foster. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Parks Supervisor, Chris McCarthy Police Chief, Jim Davis Deputy Police Chief, Michelle Morris Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. Ms. Simchick asked why public input was not carried forward. The City Manager said it is typically not carried forward since it would then be on the agenda twice. Mayor Gillmor suggested using sign-up sheets again so people who need to speak can be moved forward. Ms. Coy suggested this be agendized for discussion. She noted we have not had "Council Matters" for two meetings as well. 0 Regular City Council Meeting February 11, 2009 Page Two Ms. Simchick suggested we bring this back as an agenda item. Damien Gilliams, 1623 US Highway 1, said "Public Input" should be the next item on the agenda, since the public could not speak last time. Mayor Gillmor said we have already decided to agendize this at a future meeting. He said the public has a right to speak and they are next up on the agenda. 6. 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. 09.032 A. Governor's Healthy Floridians Initiative 2009 Proclamation -Tina Zayas Accepting Mayor Gillmor read and presented the proclamation to Tina Zayas, Healthy People Program Coordinator, Indian River County Health Department. Ms. Zayas thanked the City for their support, and invited citizens to the City Recreation Department event at Friendship Park on Friday. B. Brief Announcements Ms. Coy congratulated everyone on the successful Sebastian River Fine Art and Music Festival in January. Ms. Simchick announced a Sebastian River Area Historical Society event at the North County Library with the Mel Fisher Museum on February 18t at 7:30 p.m. Mayor Gillmor thanked MIS staff: Frank Losardo, Barbara Brooke-Reese, Rob Messersmith; Building Maintenance staff: Steve DiTrapano, Marty O'Brien; and Clerk staff: Donna Cyr, and Jeanette Williams for hosting the County's Economic Development Summit. He read a letter from County Commissioners also thanking City staff. Mayor Gillmor announced this morning at the MPO meeting, Commissioners Davis, Flescher, O'Bryan, and Wheeler moved the Barber Street resurfacing project up to number one on list for recipients of the Economic Stimulus package. He thanked the Commissioners for supporting this. 7. ITEMS CARRIED FORWARD FROM JANUARY 28 2009 REGULAR MEETING A. City Manager Matters 08.030/09.031 i. ISBA Verbal Update Report Based on 1/28/09 Working Group Meeting The City Manager reported on staff work on the ISBA, and updated Council on the meeting between City and County on January 28, 2009. D 2 Regular City Council Meeting February 11, 2009 Page Three B. Council Member Coy 09.019 i. Neighborhood Park Events Update Ms. Coy said she met with the Parks and Recreation Committee and they appointed Joann White as their representative to work on this and come up with a template for it to function, and the possibility of creating a foundation to bring money back into the City. 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. 3-16 A. Approval of Minutes - 1/28/09 Meeting 09.033 B. Prior Approval for Council Members Who Wish to Attend Florida League of Cities Legislative Action Day -Tallahassee -Wednesday, March 25, 2009 (City Clerk Transmittal, Brochure) 09.034 C. Prior Approval for Council Members Who Wish to Attend Florida Institute of 21-2s Government Advanced Institute for Elected Municipal Officials in Cocoa Beach - April 24 and 25, 2009 (City Clerk Transmittal, Code Section 2-34, Information) 09.035 D. Approve Use of Riverview Park for Natural Resources Board 2009 Earth Day Event -April 18, 2009 -10 am to 3 pm (Parks Transmittal 2/4/09, Letter, Application, Map) 09.036 E. Approve Use of Riverview Park -Rotary Club Home and Garden Show -March 28 and 29, 2009 - 9 am to 5 pm Both Days -Request for Stage, Trash Receptacles, Trash Bags (Parks Transmittal 2/4/09) Ms. Coy removed item B. Mr. Wolff removed items C and D. MOTION by Vice Mayor Hill and SECOND by Ms. Simchick to approve items A and E carried on a voice vote of 5-0. Item B Ms. Coy asked who is planning to go and why. Ms. Simchick said she had gone last year to lobby for the Barber Street intersection. Mayor Gillmor said he put it on the agenda to see who might want to go. Ms. Coy suggested saving money for a time that we need to lobby for something specific. Ms. Simchick thanked Ms. Grohall for representing us recently in Tallahassee and suggested maybe a Council member can go with her when she returns for a final decision on the grant for working waterfronts. 0 Regular City Council Meeting February 11, 2009 Page Four Mr. Hill said he would like to attend with her and had done so when previously on Council and had asked to put it on the February 25th agenda. Ms. Grohall said there will be a meeting March 10th with another meeting prior to that. Mr. Hill again, volunteered to go. Mr. Hill said he thought it was good to have someone at Legislative Action Meeting Day as well to represent the City. He said contact with people from other cities is important. Mr. Neglia said it is good to represent the City but not for this particular function, and encouraged them to wait for the trip next month when they can lobby for the City. Damien Gilliams, 1623 US Highway 1, Sebastian, concurred with Ms. Simchick on Legislative Action Day, noting there were four items on the agenda of interest to Sebastian, such as a railroad stop, special assessments for law enforcement, tax reform, and unfunded mandates. Discussion followed on the pros and cons of attending the Legislative Action Day. Mr. Wolff said if we want to go to this we can reach into our own pockets and go, because we don't need to be digging into the budget, he encouraged the City Manager to contact Tallahassee to see if there will be an opportunity to talk in March on the other issue. Ms. Simchick said if Mr. Hill goes to Tallahassee for the grant, perhaps the City Manager can make up a document packet on Barber Street resurfacing for him to carry to the Infrastructure Committee. It was the consensus of Council not to travel to Legislative Action Day. Item C Mr. Wolff asked if any members planned to attend. Mr. Hill and Ms. Simchick said they were planning to attend. MOTION by Vice Mayor Hill and SECOND by Ms. Coy to approve item C. Result of the roll call: Ayes: 5 Nays: 0 Motion carried. Item D Mr. Wolff said he had pulled this item simply to notify the public of the Earth Day celebration. He asked if there is anything else Council would like to do or any assistance from the City that can be given to the Board. Bruce Zingman said City staff had installed a plaque for the late musician Pete Harris in Riverview Park, and said they have asked to include its dedication and some music to the Earth Day celebration and asked everyone to come out. O 4 Regular City Council Meeting February 11, 2009 Page Five Damien Gilliams said this could be the day of commercial recycling in Sebastian, to have Natural Resources Board administer a petition and send it on to Indian River County. MOTION by Ms. Coy and SECOND by Mr. Hill to approve item D carried on a voice vote of 5-0. 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee repots and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 09.002 A. Parks & Recreation Advisory Board i. Interview, Unless Waived and Appoint One Regular Member and One Alternate Member (City Clerk Transmittal, Two Applications, Board List, Press Release) The City Clerk said there are two applications and noted Ms. Simchick wanted to add an application for Jarad Pelletier. Mr. Pelletier was interviewed by Council. Mr. Wolff asked if there is any conflict of interest for him such as the basketball court request from Boys and Girls Club and Mr. Pelletier said there was not. City Council interviewed alternate member Matthew Sims. Mr. Wolff asked if he had attended all the meetings and he said he missed the December meeting. City Council interviewed Jerome Adams. Ms. Coy questioned his address on Roseland Road, and he said he has a young son and is interested in safe parks. Mr. Hill made a motion to appoint Matthew Sims to the regular member position The City Clerk noted if Council moves Mr. Sims to the regular position, there are now two alternate positions open and that Council had set previous precedence by adding three years to positions that are due to expire within a couple of months. She noted nominations should be made, not motions, and then if there are no further nominations on a position, the appointment is automatic. Mr. Hill nominated Matthew Sims to the regular member position plus three years. (This position would have expired in May 2009-now May 2012) Mr. Hill nominated Jerome Adams to the alternate position to 2009 p4u~s. (This position expires in May 2011) Ms. Simchick nominated Mr. Pelletier for the other alternate position plus 3 years. (This position would have expired in May 2009-now May 2012) 0 Regular City Council Meeting February 11, 2009 Page Six 10. PUBLIC HEARINGS 09.037 A. Resolution No. R-09-09 -Quasi-Judicial Public Hearing to Modify the Conditions of a Special Use Permit for Car Wash Located on 921 Sebastian Blvd. (GMD Transmittal, R-09-09, Application, Site Plan Revision, R-00-56, P & Z Excerpt) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING MODIFICATIONS TO THE CONDITIONS OF A SPECIAL USE PERMIT FOR A CAR WASH LOCATED AT 921 SEBASTIAN BOULEVARD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (PJ 1/27/09) The City Attorney read the Resolution by title and the Mayor opened the public hearing at 7:15 p.m. Council members disclosed that they received letters from the Clerk during the week and a phone message was forwarded by a-mail. Mr. Wolff said he had an extensive conversation with the applicant at his place of business. The City Attorney asked if any communications would prohibit them from making a fair and unbiased decision and they each said no. The Growth Management Director briefly stated all the information was in their packet and staff recommended approval. Joseph Koruo, applicant, said he was here to request the wall be taken down and answer any questions. Public In Favor Joseph Scozzari, 1401 Thornhill Lane, agreed with the reduction of the wall to give him more exposure, help him make a living; and said that lights can be dimmed for neighbors. Cindy Falco, Sebastian, encouraged Council to help the gentleman. Rosemary Bostinto, thirty year Sebastian resident, said the area is dangerous with the wall up. Public Opposed Arthur Harrison who lives across the street gave the history of the carwash and said if the wall comes down and is replaced by bushes he will be bombarded by noises across the street. He asked that the original requirements be maintained. Applicant Joseph Koruo said his bottom line is safety and the lights have been dimmed. 6 Regular City Council Meeting February 11, 2009 Page Seven Ms. Coy said Mr. Koruo stated at the last meeting that he could not afford a security system but it is a condition; and read from recommended conditions from the staff report. She asked would it not be cheaper to put in a high security system than all of this. He said he did put in a security camera with night vision but it does not function 100% of the time. Ms. Coy asked him what conditions he has yet to meet to remove the wall. The Growth Management Director cited the conditions: fix the wooden fence, install a stop sign, limit hours of operation, maintain the tin roof, and reinstall the landscaping. She said she had done a site inspection that morning and found the fence repaired, sign replaced, and hours of operation are posted. She noted the stop sign still needed to be reinstalled and the landscaping should be replaced after removal of the wall because the heavy equipment will damage any new landscaping. She said he is very close to complying with everything. Ms. Simchick said it is a safety issue for her, would hate to see anyone assaulted behind that wall, would like to modify it for our police patrolling, and would be in favor of approving the resolution. Mayor Gillmor said he would like to see the landscaping in place before the wall comes down. Mr. Koruo said it would damage the landscaping if done that way and the Growth Management Director agreed. Mr. Koruo explained how the wall will be cut down. Mr. Wolff asked if the applicant was expected to lower the chain link fence, and the Growth Management Director noted that condition is within the resolution to comply with the overlay district. Mr. Hill said he was on Council during the original denial, then approval of the conditional use permit. He said this was acceptable at the time because he wanted the business though it did not meet the CR512 district regulations. He said it was not kept up the way it was supposed to be and there is good reason not to allow a car wash on CR512. He said the applicant brought this wall to Council to shield for sound, light, and view. He said he understands safety concerns but the wall was an important part of the approval to protect the citizens on the other side. He said it is incumbent on this property owner to make the business safe for patrons, to conform to overlay standards and removing the wall would be an injustice to the residents and people who drive along CR512. He said it is not the City's responsibility to make this property safe. Ms. Simchick said her concern is the Police Department and would move forward for safety. Mr. Wolff said he visited the business, and he was not impressed, the business was run down, and he contacted the Growth Management Director and said the problem isn't the wall but the other violations and when he revisited it this past Saturday, he was pleasantly surprised to see that most had been repaired. He said the carwash is there, 7 Regular City Council Meeting February 11, 2009 Page Eight and we have heard issues of safety. He said either the owner will turn this around or go out of business; but the best thing would be is to take the wall down. Mayor Gillmor said his concern is the wall is an eyesore and he would rather see landscaping. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve Resolution No. R-09- 09 approving modifications to the conditions of special use permit for car wash located at 921 Sebastian Blvd. with the conditions that are there. Ms. Coy read letter from Joan Diedoff into the record (see attached). She stated we have promised things and now we are taking them away, noting the carwash has not been in great shape since the hurricanes. Result of the roll call: Ayes: Gillmor, Simchick, Wolff Nays: Coy, Hill Passed 3-2 Mayor Gillmor called recess at 7:54 pm and reconvened the meeting at 8:11 p.m. All members were present. 11. UNFINISHED BUSINESS -None 12. PUBLIC INPUT Cindy. Falco asked if anyone had contacted Richard Hendry regarding the Farmers Market. Mr. Wolff responded that he reviewed his website, he would like to give local businesses first shot at produce sales, and it looked good. Ms. Falco asked Council if they would like her to contact Richard Hendry. The City Manager said he had not specifically moved on this issue, due to Ms. Coy's item, and was going to agendize this for the last meeting in February. He said if Council is going to go in this direction it would be best to put out an RFP. He said he could do an RFP, have Council interview the applicants, or bring in Mr. Hendry. The City Attorney advised that it would be appropriate to put out an RFP unless it is sole source or an emergency, which is not the case. Ms. Falco said the organizers have large areas and there might not be many organizers. Ms. Simchick said then Mr. Hendry would be the only bidder. Mr. Wolff said he likes the transparency of an RFP. It was the consensus of Council to prepare an RFP and the City Manager said he would do so, provide it to Council, and have a contract ready for a March or April meeting. D Regular City Council Meeting February 11, 2009 Page Nine Ms. Simchick said we did not agendize going to an RFP tonight. The City Manager said the ultimate action will come back to Council and the City Attorney said he did not have a problem with the direction given. Joe Scozzari, 1401 Thornhill Lane, asked Council to consider a bike night on the riverfront like they do in Fort Pierce, and said he would like to be included in a bike night RFP. Damien Gilliams, 1623 US Highway 1, thanked the City Manager, the City Attorney, Mr. Wolff, Mr. Hill, and Mayor Gillmor for his electrical permits for his docks. Mr. Gilliams discussed Jordan Park, which had the old police station, and asked how we can honor Edna Willey who has donated to the City Police Department, by naming the park after her; thanked the Mayor for the chance to discuss moving public input, and expressed concern for letting a Council member to speak twice. He asked if the Mayor reviewed the tape of the meeting at which he was ejected and if it was a legitimate question he asked. The Mayor said he was not sure but his tone was out of order. Mr. Gilliams said Wal-Mart Corporation brings in $36 M per hour, and asked them to think of what small businesses have to do to compete. He said he was removed during a break and no one on Council appealed to the Chair. Sal Neglia, 461 Georgia Boulevard, said he wanted to speak on the item which will come up under City Manager's matters regarding the Chamber parking. Mr. Hill said certain parts of the agenda do not allow public input and since the item is under "City Manager Matters" it should not have input tonight and the rules should apply to everyone. He read the rules on "Public Input" for the record and suggested placing it on a future agenda so that everyone can speak. Mayor Gillmor said it is under "City Manager Matters" to see if there is enough interest to move forward. Ms. Simchick said the City Manager was given direction and it was wrong to place this under "City Manager Matters." The City Attorney, in response to Mr. Wolff, responded that Council's rules provide that there is no public input under certain headings such as "Council Matters," "Charter Officer Matters." Mr. Wolff said at that point during a meeting where there is no public input, it can't be interpreted that because Council will discuss a certain topic the public can't speak about it. The City Attorney said when the matter comes up that requires a motion, that is when the public speaks up. He explained the City Manager came to him and said this is an item the Council acted upon some time ago, and he wanted to bring it back to them, and in accordance with Roberts Rules the proper way is to provide them notice at meeting one and bring back an action item at meeting two. 9 O Regular City Council Meeting February 11, 2009 Page Ten He said this provides a courtesy to the Council to bring this to them in this manner. Mr. Wolff asked what prevents Mr. Neglia from speaking on this, and the City Attorney said Council's rules can be ignored; Mr. Neglia can speak even though he is not allowed to talk about this subject, which nullifies one of Council's rules. MOTION by Ms. Simchick and SECOND by Mr. Wolff to suspend the rules and allow public input. Mr. Hill said the rules were just approved at the last meeting, he was sure there was another side to this item and in fairness, Council should hear from all sides. Mayor Gillmor said if Council does not follow their own rules, every Council members' matter could have ten people talk on a matter that might never happen. Ms. Coy said she had told others who wanted to speak on this that they would not be allowed to speak on this item under "City Manager Matters" but if it would go forward, they could speak then. Mr. Wolff said to play the devil's advocate, when the Mayor brought back the invocation the audience was filled with advocates, and it is tough to do one thing one week and do another the next week. Ms. Simchick said under Mayor's matters he brought up changing from "Moment of Silence" to "Invocation," there was no Council consensus, and if we are going to go by the rules, they need to be consistent. Ms. Simchick withdrew her motion. Mr. Neglia said he would wait but noted he had called Mr. Hill and did not receive a return phone call, he spoke to the Mayor and he smiled, and he conversed with Ms. Simchick and Ms. Coy. Mr. Hill apologized for not getting back to him. 13. NEW BUSINESS 09.038 A. Guy Cormier -Water Line Installation Lien Reduction Request (City Manager Transmittal, Documents Relative to Previous Reauest from 2006) The City Manager briefly updated City Council on the $11,000 interest accrued by the Cormier lien, as set out in the agenda packet, noting a previous request for forgiveness had been rejected in 2006. Attorney Steve Lulich, representing Guy Cormier, urged the reduction of the penalty to allow him to eventually hook up to water noting the waterline does not come to Mr. Cormier's property. He said Mr. Cormier had never received the assessment until 2006, and would like to pay the assessment but waive the penalty. MOTION by Mayor to allow him to pay a discounted amount and get rid of the default penalty interest of $4,813.14 which will leave the balance of $6,556.95. lO 10 Regular City Council Meeting February 11, 2009 Page Eleven The City Attorney suggested amending the motion to bring the interest current, and relieve the applicant of the default penalty interest. Mr. Wolff added to receive payment within seven days of Mr. Lulich receiving the invoice to which the entire Council agreed upon. MOTION by Mayor Gillmor and SECOND by Ms. Simchick to calculate interest up to today, subtract default penalty interest and make it due within seven days of Mr. Lulich receiving invoice from the City Result of the roll was: Ayes: 5 Nays: 0 Passed 5-0 09.039 B. Review of Motion to Release Order Imposing Fine as a Lien on 1758 Laconia Street, Code Enforcement Case 07-00619 (Code Enforcement Transmittal. Orders The City Attorney said as the Special Magistrate he imposed a fine of $20 per day in addition to the City's expenses of $773.24 and the request is to remove the $20 per day fine only. He noted there is a potential sale of the property which went into foreclosure and if this is not done the sale will not go through, noting the City has released liens in the past, and advised the required trees have been planted. Louise Kautenburg, representing the buyer of the property, said she did not know why the owners did not comply, nor appear at the magistrate's meeting, and noted that 20 months after they purchased the property was foreclosed on. She said there is a buyer who will pay $100,000 less than what is owed on the property, the bank has replaced the trees, and that the closing is scheduled for tomorrow. She said the fine was designed to provide for compliance, compliance has been met, and then read from the buyer's a-mail which seeks help. She said she has the closing statement that shows the $773.24 for the cost of the trees, mowing and debris removal has been covered. Joe Scozzari, 1401 Thornhill Lane, said we brought Mr. Ginsburg in to bring money in and not give it away, the City just raised our millage rate, and we should make them pay what they owe. Damien Gilliams asked why the bank didn't take care of it before they put the property on the market, and said if we do this, we can do away with Code Enforcement. Cindy Falco said this is a hardship on the people. Mayor Gillmor said he went by the property and it did not look lived in, but knowing that this was a house that was lived in and they couldn't make the payments and lost the house, makes him think that we have to forgive this in today's economy. 11 `\ Regular City Council Meeting February 11, 2009 Page Twelve Mr. Wolff said the bank should have paid off the lien but obviously didn't, the buyer has made a commitment, that banks are impossible to communicate with on a deal like this, on both sides this is a bad deal all around, wanted to welcome the buyers though noting they put themselves into this situation and in light of economic circumstances we should help them out. In response to Ms. Simchick, the City Attorney said he would recommend releasing the lien, the City will not be out any money because the money paid out will be repaid, and if they don't release it, it seems they are almost punishing the wrong people because it was the former people who were charged with the violation and did not appear, and now we have a new set of people who will be moving into the City. He said the fine states the City is serious about Code Enforcement and fines like this will be imposed and signed off. He said foreclosure is beyond the City's control. MOTION by Ms. Simchick and SECOND by Mr. Hill to accept the $773.24 as satisfied lien. The City Attorney suggested that the motion read "to release the lien on Case No. 07-00619". Ms. Simchick and Mr. Hill said the motion suggested by the City Attorney would be their restated motion. Result of roll call: Ayes: All Nays: None Passed 5-0 14. CITY ATTORNEY MATTERS None. 15. CITY MANAGER MATTERS The City Manager said Sebastian's comprehensive economic development plan was just about drafted and asked for a workshop on February 18th to review it at 6:30 p.m. It was the consensus of Council to meet February 18th at 6 p.m. He announced a public meeting for Tuesday, February 17th at 6:30 p.m. in chambers to inform the residents about the Collier Creek Canal project. 08.131/09.040 A. Discussion of Indian River Drive/Main Street Improvement Project Chance Order -Chamber Parking - No Action Required (City Manager Transmittal, Change Order #1 and Attachments) The City Manager said he feels in the middle on how to address this matter because he has been approached by current members regarding about a previous Council's decision. He explained he has managed the project without additional parking behind the Chamber but is in the phase for planning and construction purposes to continue with or without additional parking. Ms. Coy said she would like to move forward and agendize. 1~ ~2 Regular City Council Meeting February 11, 2009 Page Thirteen Ms. Simchick said even though she voted for it, she wants to respect the vote of former Council, and said she did not like the way it was brought back to Council with no issue of safety or cost savings. Ms. Coy pointed out they changed the car wash wall. Mr. Hill said projects change all the time, this is a $7000 minor change to a major project and it should agendized to receive public input on it. Ms. Simchick said we had public input on it that night when we did it, it is not fair to a previous Council, and if someone could have told her what changed on the project, she could see discussing it. Mr. Hill said he did not like the decision and wants to discuss it. He said it is the right of this Council to change it just like it was the right of the former Council to make its decision. Mayor Gillmor said to take away 12 spaces from the Chamber of Commerce, put two handicapped parking spots 250 feet away and make handicapped individuals traverse Main Street is a safety issue. He agreed Council should bring this up on an agenda. Mr. Wolff said he respects Mr. Hill's opinion but questions the destruction of a park in deeded as such in perpetuity, he said he was told by the Chamber this was not a parking lot, and we have a prime piece of property and now we want to turn it into a parking lot. He said he had heard from people who will be at the next meeting, and agreed if Council wants to discuss it should be put on an agenda. He recommended not putting too many items on the agenda, unless Council has already made up its mind. Ms. Coy said she does not see the difference between this issue and the seawall issue when we changed it. She said we are not setting precedence. 16. CITY CLERK MATTERS -None 17. CITY COUNCIL MATTERS A. Vice Mavor Hill Mr. Hill thanked City staff for the Brownie's tour of City Hall, and commended everyone involved in the Fine Art and Music Festival. B. Council Member Cov None. C. Council Member Simchick None. 13 13 Regular City Council Meeting February 11, 2009 Page Fourteen D. Council Member Wolff Mr. Wolff said he had received an a-mail from a resident regarding an annual city-wide resident flea market that would charge a table fee to bring revenue to the City. The City Clerk cited the Hillsville, Virginia event which takes place every Labor Day weekend. E. Mayor Gillmor Mayor Gillmor said it was mentioned at last week's Economic Summit that a proper scoreboard with lighting at the North County Pool to hold competitive meets would stimulate the economy and asked Council if they would be interested in co-opting with the County. Ms. Simchick said the City is tight but the County could use recreation impact fees for this. Mr. Wolff said this is a prime candidate for cost benefit analysis for whoever is proposing this. 18. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 9:50 p.m. Approved at the February 25"', 2009 Regular City Council meeting. Richard H. Gillmor, Mayor ATTEST.' Sally A. Maio, MMC -City Clerk i~ .. tm a .~' ~ H01NfE OF PELIGRN 15U\ND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Prior Travel Authorization for Agenda No: (~, ~4 I F Vice Mayor Hill to Tallahassee ' Department Origin: City Clerk's Office A pro d for Submittal by: City Attorney: Date Submitted: 2/3/09 For Agenda of: 2/25/09 Exhibits: Expenditure Required: Amount Budgeted: Appropriation Required: Travel: $ 381.00 mileage SUMMARY STATEMENT In accordance with code section 2-35 and the "Council and Charter Officer Travel Policy and Procedures," authorize travel for Vice Mayor Hill to accompany the Growth Management Director in Tallahassee during the consideration of the City's Working Waterfront grant application. RECOMMENDED ACTION At Council's discretion, move to authorize travel for Vice Mayor Hill to go to Tallahassee in March 2009 to lobby for the Working Waterfront grant application. ~~ ~~ t]tY OF ~ ^ ~~ HOME OF FEL[~RN ISLF~IYD Cit of Sebastian, r'toricla Subject: Resolution No. R-09-10 Adopting Agenda No. C7~, ©~ ~. Amendmen to the Fiscal Year 2008-09 Budget. , .~ Department Origin: Finance A ov Submittal b :City Manager City Attorney: _ City Clerk: 1 i City Manager 1 ~~-~- Date Submitted: February 17, 2009 For Agenda of: February 25, 2009 Exhibits: • Resolution No. R-09-10 • 1st Quarter Budget Review Memorandum • Capital Project Status Reports as of December 30, 2008 • Schedule of Investments as of December 31, 2008 • 151 Quarter Accomplishments EXPENDITURE REQUIRED: I AMOUNT BUDGETED: I APPROPRIATION REQUIRED: N/A N/A N/A SUMMARY Pursuant to the City's adopted financial policies, budget reviews and adjustments are presented to the City Council quarterly. Capital project status reports, investment reports and accomplishments are also included. There were just a couple of changes to the General Fund budget which occurred during the first quarter that required budget amendment approval by the City Council. There was an adjustment to General Fund to appropriate funds to cover the maintenance costs of the'/4 round and an adjustment to re-appropriate funds for a purchase order that was issued last year but not paid before year end. These are explained in the analysis of G~°neral Fund expenditures section of the report. Changes to the budgets of other City funds included the other side of the above transfer for '/4 round, so that those expenses are funded from the Stormwater Fund. Also a budget adjustment was recorded for the $500,000 approved by the City Council on September 24`h to complete the funding requirements for the Collier Creek project. In the Golf Course, there was an adjustment for a purchase order that was issued last year but not paid before year end (replacement of irrigation pumps). V~%e are recommending the changes identified in Resolution No. 09-10, Exhibit "A", which are further explained in the enclosed memorandum for the ls` Quarter Budget review. RECOMMENDED ACTION Move to approve R-09-10. i~ 18 RESOLUTION NO. R-09-10 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 17, 2008, the City of Sebastian adopted Resolution No. R-08-18 providing for the adoption of the City's 2008-09 budget; and WHEREAS, an analysis of the revenues and expenditures for the three (3) months ended December 31, 2008 has indicated that further adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2008 and ending September 30, 2009 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Councilmember Andrea Coy Councilmember Dale I. Simchick Councilmember Eugene Wolff and, upon ~9 The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of February 2009. CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Za EXHIBIT "A" FUND TITLE GENERAL Revenues Expenditures LOCAL OPTION GAS TAX Revenues Expenditures DISCRETIONARY SALES TAX Revenues Expenditures RECREATION IMPACT FEE Revenues Expenditures STORMWATER UTILITY FEE Revenues Expenditures LAW ENFORCEMENT FORFEITURE Revenues Expenditures G.R.E.A.T. PROGRAM Revenues Expenditures DST DEBT SERVICE FUND Revenues Expenditures STORMWATER DEBT SERVICE FUND Revenues Expenditures CAPITAL PROJECTS FUND Revenues Expenditures GOLF COURSE Revenues Expenses AIRPORT Revenues Expenses BUILDING Revenues Expenses TOTAL BUDGET BUDGET BEFORE ADJUSTMENTS $ 11,850,747 $ 11,850,747 $ 754,800 $ 754,800 $ 3,267,957 $ 3,267,957 $ 175,000 $ 175,000 $ 943,635 $ 943,635 $ 15,500 $ 15,500 $ - $ - $ 1,034,931 $ 1,034,931 $ 441,010 $ 441,010 $ - $ - $ 1,701,783 $ 1,701,783 $ 408,560 $ 408,560 $ 536,207 $ 536,207 $ 21,130,130 $ 615,074 $ 21,745,204 FY 2009 1ST QUARTER ADJUSTMENTS $ 18,680 $ 18,680 $ - $ - $ - $ - $ - $ - $ 512,500 $ 512,500 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 83,894 $ 83,894 $ - $ - $ - AMENDED BUDGET AFTER ADJUSTMENTS $ 11,869,427 $ 11,869,427 $ 754,800 $ 754,800 $ 3,267,957 $ 3,267,957 $ 175,000 $ 175,000 $ 1,456,135 $ 1,456,135 $ 15,500 $ 15,500 $ - $ - $ 1,034,931 $ 1,034,931 $ 441,010 $ 441,010 $ 1,785,677 $ 1,785,677 $ 408,560 $ 408,560 $ 536,207 $ 536,207 ZI 2Z ~~ .- ;.~ L~~_ ~~ Hf3ME (3F PELICAN I5[iWD TO: MAYOR AND CITY COUNCIL THROUGH: AL MINNER, CITY MANAGER FROM: KEN KILLGORE, FINANCE DIRECTOR DATE: FEBRUARY 17, 2009 SUBJECT: 1sT QUARTER BUDGET REVIEW -FISCAL YEAR 2009 As of December 31, 2008, the status of budge ts for the major operating funds were as follows: OF BUDGET REVISED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 11,869,427 $ 4,402,703 $ 7,466,724 37.1% Expenditures $ 11,869,427 $ 3,082,679 $ 8,786,748 26.0% GOLF COURSE Revenues $ 1,785,677 $ 402,922 $ 1,382,755 22.6% Expenses $ 1,785,677 $ 430,585 $ 1,355,092 24.9% AIRPORT Revenues $ 408,560 $ 91,185 $ 317,375 22.3% Expenses $ 408,560 $ 109,094 $ 299,466 28.2% BUILDING Revenues $ 536,207 $ 152,098 $ 384,109 28.4% Expenses $ 536,207 $ 121,216 $ 414,991 22.6% Highlights of the second quarter status analysis include: 1. General Fund During the first quarter ended December 31, 2008, 37.1% of the budgeted revenues were received. This is mostly attributable to the receipt of property tax revenue. The first quarter budget review includes changes to the total amended budget for the General Fund to appropriate funds for maintenance cost of the '/4 round installations and an adjustment for a purchase order for professional services that was issued prior to the end of last year. These and other transfers between accounts are described in the detailed analysis of expenditures. 2. Special Revenue Funds No changes to the budget were necessary for these funds. For the first three months, collections from local option gas taxes are 3.8% above the same months last year and we initially appear to be looking good as compared to what was budgeted this year. However, collections of discretionary sales tax for the first three months are running 13.1% lower than the same months last year and this will need to be closely watched. ~\ 23 3. Capital Projects Funds Enclosed with this budget review is a status report of all the capital projects. 4. Golf Course Fund 22.6% of the budgeted revenues were collected, while 24.9% of the appropriations were expended. There are no recommended adjustments for the first quarter. 5. Airport Fund 22.3% of the budgeted revenues were collected, while 28.2% were expended. There are no recommended budget adjustments for this quarter. 6. Building Department 28.4% of the budgeted revenues were received, while 22.6% of appropriations were expended. Revenues are high, primarily due to annual renewals of occupational licenses. 2y 2 ANALYSIS OF GENERAL FUND REVENUE Overall general fund revenues were recorded as $11,656,694 (95.13% of the Revised Budget). More than 100% of taxes and charges for services were recorded but lower than budgeted amounts were recorded from all other revenue categories. Overall, total revenues were $596,903 less than budgeted. Since expenditures were $477,405 below budget, only the $119,498 difference would have to come from cash reserves. TAXES: Current Real and Personal Property Tax Collections were 47.4% of the budget amount. This is of some concern, since historically we have received an average of 56.2% of property taxes by the end of December. Collections of Franchise Fees and Utility Service Taxes appear to in line with budget expectations. LICENSES AND PERMITS: Beginning this year, occupational licenses are recorded in the Building Enterprise Fund. This category now includes driveway permits, zoning fees, site plan and plat review fees, which collected only 11.4% of amounts budgeted during the quarter. INTERGOVERNMENTAL REVENUE: During the first quarter, the City has received just 14.5% of the projected intergovernmental revenue. This is due to most of these accounts only reflecting two payments received during the quarter. Including the third payment, these accounts are running about 8.0% less than last year. Since we budgeted these accounts to show no increase and receive the same as last year, this equates to a projected shortfall of roughly $160,000, not too alarming but based on these indications, we will need to watch these accotmts closely. GENERAL GOVERNMENT CHARGES FOR SERVICES: During the first quarter, collections have only been 21.2% of budget. Collections generally increase over the spring and summer months. FINES AND FORFETTURES: During the first quarter, collections have been good at 26.7% of the amount budgeted. This category includes revenues from tickets, as well as code enforcement fines. MISCELLANEOUS REVENUES: During the first quarter, 8.7% of projected miscellaneous revenues was received. This includes interest on investments, which still lags due to the low interest rate environment. OTHER REVENUE SOURCES: Amounts in this category include appropriations estimated to be funded from prior year fund balances. During the first quarter, this category shows 21.7% collected. The following summarizes the analysis of General Fund revenues and the net recommended changes: Department: General Fund' ADOPTED 2008 - 2009 BUDGET RECOMMENDED CHANGES REVISED 2008 - 2009 BUDGET Taxes $ 7,934,958 $ - $ 7,934,958 Licenses and Permits 55,200 - 55,200 Intergovernmental 2,052,529 - 2,052,529 Charges for Services 327,301 - 327,301 Fines and Forfeits 59,600 - 59,600 Miscellaneous Revenues 490,759 - 490,759 Interfund Transfers 849,000 12,500 861,500 Non-Revenue Sources 81,400 6,180 87,580 Total $ 1.1,850,747 $ 18,680 $ 11,869,427 3 25 ANALYSIS OF GENERAL FUND EXPENDITURES Total spending was at the level of 26.0%, which is slightly above a norma125.0% ratio for being 3 months into the fiscal year. This is attributable to the lump-sum transfer made in December to the Riverfront CRA Fund. There were several budget adjustments and transfers in the General Fund which are explained below: EXPENDITURES: Department: Legal ADOPTED 2008-2009 BUDGET RECOMMENDED CHANGES REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 229,631 $ (147,995) $ 81,636 OPERATING EXPENDITURES 9,455 103,403 112,858 CAPITAL OUTLAY - - - Total $ 239,486 $' (44,592) $ 194,494: Personal Services -Decrease of $147,995 for reassignment of City Attorney Administrative Assistant to Growth Management and reclassifying City Attorney from an employee to a contractual worker. Operating Expenditures -Increased to cover payments to contractual City Attorney. `Department: Police Patrol-Division ADOPTED 2008-2009 BUDGET RECOMMENDED ' CHANGES- REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 2,289,942 $ 47,836 $ 2,337,778 OPERATING EXPENDITURES 182,612 - 182,612 CAPITAL OUTLAY 20,600 - 20,600 Total $ ' 2,493,154 $ 47,83b $ 2,540,990 Personal Services -Increase of $47,836 to transfer a detective position to road patrol. Department: Police Detective'Division .'ADOPTED 2p08-2009 'BUDGET RECOMMENDED CHANGES REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 618,905 $ (47,836) $ 571,069 OPERATING EXPENDITURES 90,893 - 90,893 CAPITAL OUTLAY 5,000 - 5,000 Total $ 714,798 $ (47,836). S 666,962' Personal Services -Decrease of $47,836 to transfer a detective position to road patrol. z~ 4 Department: Public. Works Stormwater Utility Division ' ADOPTED 2008-2009 BUDGET RECOMMENDED CHANGES REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 547,823 $ - $ 547,823 OPERATING EXPENDITURES 738,705 12,500 751,205 CAPITAL OUTLAY - - - Total - $ 1,286,528 $ 12,500 $ 1,299,028 Operating Expenditures -Increase to provide for maintenance of '/4 Round that was overlooked when preparing the budget. Funding is from an additional transfer from the Stormwater Fund. Department: "Growth Management ADOPTED 2008-2009 BUDGET RECOMMENDED CHANGES REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 321,854 $ 44,592 $ 366,446 OPERATING EXPENDITURES 16,410 - 16,410 CAPITAL OUTLAY - - - Total $ 338,2,64 $ 4-1,592 ~ 382,856 Personal Services -Increase for transfer of City Attorney's Administrative Assistant. Department:Non-departmental .ADOPTED 2008-2009 BUDGET 'RECOMMENDED GRANGES REVISED ;2008-2009 'BUDGET OPERATING EXPENDITURES $ 672,951 $ 6,180 $ 679,131 INTERFUND TRANSFERS - - - CONTINGENCY - - - Total S 672,951=- $ 6,180 $ 679,131 Operating Expenditures -Adjust for a purchase order that was outstanding from the end of the previous fiscal year. 5 Z~ The following shows revenues and expenditures of all General Fund Departments and Divisions: 001 GENERAL FUND GENERAL FUND REVENUES $ 11,850,747 $ 18,680 $ 11,869,427 $ 18,680 AMENDED RECOMMENDE REVISED GENERAL FUND DEPARTMENT/DIVISION BUDGET CHANGES BUDGET General Fund Operating Expenditures and Capital Outlay by Department/Division: Legislative City Manager City Clerk Legal Finance M.I.S. Human Resources Police Department: Administrative Division Special Operations School Resource Unit Patrol Division Community Policing Unit Code Enforcement Professional Standards Detective Division Support Services Division Communications Division Engineering Public Works: Roads & Maintenance Stormwater Utility Parks & Recreation Building Maintenance Central Garage Cemetery Growth Management Non-departmental Total Operating Expenditures and Capital Outlay by Department/Division: 28 INCREASE 1DECREASE) $ 54,065 $ - $ 54,065 $ - 269,986 - 269,986 - 297,087 - 297,087 - 239,086 (44,592) 194,494 (44,592) 401,990 - 401,990 - 266,344 - 266,344 - 176,553 - 176,553 - 666,255 - 666,255 - 2,493,154 47,836 2,540,990 47,836 141,614 - 141,614 - 714,798 (47,836) 666,962 (47,836) 307,179 - 307,179 - 503,931 - 503,931 - 464,968 - 464,968 - 790,037 - 790,037 - 1,286,528 ] 2,500 1,299,028 12,500 1,112,395 - 1,112,395 - 277,264 - 277,264 - 210,111 - 210,111 - 166,187 - 166,187 - 338,264 44,592 382,856 44,592 672,951 6,180 679,131 6,180 $ 11,850,747 $ 18,680 $ 11,869,427 $ 18,680 6 ENTERPRISE FUNDS ANALYSIS OF GOLF COURSE FUND Revenues: -, Golf Course Fund. ADOPTED 2008 - 2009 BUDGET RECOMMENDED CHANGES REVISED 2008 - 2009 BUDGET Intergovernmental Revenues $ - $ - $ - Greens Fees 600,000 - 600,000 Cart Rentals 800,000 - 800,000 Driving Range 50,000 - 50,000 Membership Fees 75,000 - 75,000 Other Fees and Sales 158,033 - 158,033 Non-Operating Revenue 18,750 83,894 102,644 Total. $ 1,701,783 $ 83,894 ~ 1,785,677 Expenses: Golf Course: Administrative ADOPTED. 2008-2009 BUDGET RECOMMENDED CHANGES REVISED 2008-2009. BUDGET PERSONAL SERVICES $ 302,903 $ - $ 302,903 OPERATING EXPENSES 346,047 1,900 347,947 CAPITAL OUTLAY - 79,994 79,994 DEBT SERVICE 304,990 - 304,990 INTRAFUND TRANSFERS - - - CONTINGENCY - - - Total ~ 953,940 '' ~ _81,894 ~ 1,035,834 , Operating Expenses -Net amount of increase for purchase orders outstanding at the end of the prior year and a budget transfer to the Greens and Maintenance Division to cover an emergency repair of electrical wiring box. Capital Outlay -Increase for purchase orders outstanding at the end of the prior year. Golf Course: Greens and Maintenance ADOPTED 2008-2009` ' BUDGET' RECOMMENDED CHANGES REVISED 2008 2009 BUDGET OPERATING EXPENSES $ 572,350 $ 2,000 $ 574,350 CAPITAL OUTLAY 11,750 - 11,750 INTRAFUND TRANSFERS ~ - - - CONTINGENCY - - - Total $ 584,100 $ 2,000 $ 586,100 Operating Expenses -Budget transfer from the Administrative Division for electrical repairs. 7 29 Golf Course: Carts ADOPTED 2008-2009. BUDGET RECOMMENDED CHANGES REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 83,398 $ - $ 83,398 OPERATING EXPENSES 73,345 - 73,345 CAPITAL OUTLAY 7,000 - 7,000 Total $ 163,743 $ - ~ 163,743 ANALYSIS OF AIRPORT FUND Revenues: Airport Fund ADOPTED -'2008 - 2009 BUDGET RECOMMENDED CHANGES REVISED 2008 - 2009 BUDGET Charge for Services $ 30,000 $ - $ 30,000 Rents & Royalties 319,365 - 319,365 Other Miscellaneous Revenue 59,195 - 59,195 Non-Operating Revenue - - - Total $ , 408,560 $ - $ 408,560 Expenses: " Airport: Administrative ADOPTED' 2008-2009 BUDGET RECOMMENDED. CHANGES REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 232,065 $ - $ 232,065 OPERATING EXPENSES 156,495 - 156,495 CAPITAL OUTLAY - - - INTRAFUND TRANSFERS 20,000 - 20,000 CONTINGENCY - - - Total $ 408,560 $ - ~ 408,560' No changes were made to budgeted accounts. 30 ANALYSIS OF BUILDING FUND RP.VP.11llP.S' Building ADOPTED 2008 - 2009 '' BUDGET RECOMMENDED CHANGES REVISED 2008.- 2009 BUDGET Licenses & Permits $ 466,000 $ - $ 466,000 Charges for Services 15,800 $ - $ 15,800 Other Miscellaneous Revenue 54,407 - 54,407 Non-Operating Revenue - - - Total $ 536,207 $ - $ 536,207 Fxnencec• 1 Building:, Administrative ADOPTED 2008-2009 BUDGET RECOMMENDED CHANGES REVISED 2008-2009 BUDGET PERSONAL SERVICES $ 398,841 $ - $ 398;841 OPERATING EXPENSES 137,366 - 137,366 CAPITAL OUTLAY - - - CONTINGENCY - - - Total $ 536,207 $ - $ 536,207 No changes were made to budgeted amounts. 31 CAPITAL PROJECT STATUS REPORT 12/30/2008 GENERAL CAPITAL PROJECTS FUND 310 Project Nmmber Description Years Balance To-Date to Bud et Expenditures Encumbrances Complete Comnlete 00911 Police Vehicle Replacement 385,000.00 59,186.95 243,77].00 82,042.05 15.37% 0.00% 335,000.00 59,136.95 243,77100 32,042.05 15.37% CAPITAL IMPROVEMENT PROJECTS FUND 320 Project Number Du_c~tion Years Balance To-Date to Budeet Expendimres Encumbrances Complete Comnlete 06206 Barber Stree[ Sports Complex -Special Needs Access (All Zones) C072I Hardee Park Improvement (Zone A) 00722 Schutnatttt Park Racquetball & Basketball Courts CLOSED 00724 Dog Park (All Zones) 00821 Riverview Park Upgrade 00823 Yacht Club Finger Pier 00824 Periwh~kle Stormwater Park Enhancements 00921 Schumamt Park Improvements 00922 CRA Triauge Flagpole TRANSPORTATION CAPITAL PROJECTS FUND 330 Project `Number Description 04303 Pedestrian Bridges (DST) 05302 Easy Street Renovations (DST) (LOGY) C073S Powerline Road 00741 IRD/Main Sheet (transportation fund) 00334 S 12 Corridor (DST - FDOT Grant) 00931 Schumann/Barber Intersection (DST) P0001 Road Paving P0002 Sidewalk/Bikepath Program 25,000.00 - - 25,000.00 0.00% 50,000.00 13,925.38 320.25 35,254.37 27.35 - - - - 0.00% 20,000.00 750.00 - 19,250.00 3.75% 10,000.00 5,390.86 2,957.25 1,651.89 53.91 15,000.00 2,775.00 - 12,225.00 0.00% 6,000.00 4,861.39 - 1,138.61 31.02% 175,000.00 1,800.00 7,000.00 166,200.00 1.03% 18,225.00 18,225.00 0.00% 301,000.00 29,502.63 10,777.50 260,719.87 9.30% Years Balance To-Date to Budeet Expenditures Eucumbrances Complete Comnlete 627,825.00 152,397.74 453,188.65 22,238.61 24.27% 939,486.00 838,740.51 96,170.75 4,574.74 89.28° 15,000.00 - - 15,000.00 0.00% 2,247,785.00 22,463.81 26,348.23 2,193,472.91 1.00% 279,528.00 11,304.84 3,695.16 264,528.00 4.04% 1,500,000.00 - - 1,500,000.00 0.00% 39,554.57 - - 39,554.57 0.00% 59,019.00 21,226.50 21,363.30 16,429.20 35.97% 5,708,197.57 1,046,133.40 601,266.14 4,060,798.03 18.33% STORM WATER IMPROVEMENT FUND FUND 363 Project Number Description Years Balance To-Date to Budeet Expenditures Encumbrances Comnlete Complete 04603 Periwinkle Drive Improvements (DEP Grant $3 [3,000) 04604 Middle Stonecrop Improvements 04606 Collier Creek Improvements (DEP GRANT $500,000) 00762 Blossom Ditch Phasell 00763 Stonecrop Street Crossing 00861 1/4 Round Swa]e Rehab (DST) (combined with P0003) 00961 Potomac Road Crossing 00962 George Sheet Ditch Rehabilitation P0003 1/4 Romtd Swale Rehab (DST) 563,000.00 554,299.16 13,575.02 (4,374.18) 93.45% 382,301.00 142,862.39 - 239,438.61 37.37% 5,414,417.00 789,094.44 3,827,361.40 797,461.16 14.57% 512,000.00 6,248.25 - 505,751.75 1.22% 289,972.00 32,709.40 1,342.00 255,920.60 11.23% 535,654.28 535,654.28 - - ]00.00% 125,000.00 3,361.00 10,989.00 110,650.00 0.37% 90,000.00 500.00 - 39,500.00 0.00% 622,790.00 2,275.00 231,996.25 338,518.75 0.00% 8,535,134.28 2,067,003.92 4,035,763.67 2,332,366.69 24.22'% AIRPORT PROJECTS FUND 455 Project Number Description Years Balance To-Date to Bud et Exoendiures Encumbrances Comnlete Comnlete C3S02 ConstFuct Access Road (828081.00 Gran[) CSSOS Hangar Construction (1,1400,000 grant)-Lopres[i C07S3 ALP Update CLOSED CO8S2 Acquire Airport Maintenance Equip ($160000 Grant) 990,086.00 157,059.15 156,593.63 676,433.22 15.36% 1,425,000.00 150,727.72 1,157,250.13 117,022.10 1 O.SB 33,262.00 33,262.00 - - 100.00'% 200,000.00 109,698.45 80,000.00 ~ 10,301.55 54.85 2,648,348.00 450,747.32 1,393,343.81 803,756.87 1.3] CITY OF QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2008 Prepared by Finance Department 33 HOME OF PELICAN (BLAND As of December 31, 2008, the total available funds of the City was $23,214,674. $5,489,613 was held in an interest bearing checking account and $17,725,061 was invested in the SBA and other investment vehicles. The investments consist of the following: 34 Investment Type State Board of Administration (SBA) Certificate of Deposits (CDs) US Government Agency Bonds Guaranteed Investment Contract (Stormwater Revenue Bonds, Series 2003) Total Investments Amount $ 5,494,599 1,624,242 7,123,183 3,483,037 17.725.061 The details of each investment types are presented on the following pages. CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 12/31/2008 STATE BOARD OF ADMINISTRATION CURRENT INVESTMENT ALLOCATION PERCENT BALANCE General Fund 23.25% 1,067,627.80 Local Option Gas Tax Fund 0.01% 318.44 Discretionary Sales Tax Fund 13.85% 635,752.81 Riverfront Redevelopment Fund 5.45% 250,199.02 Recreation Impact Fee Fund 8.75% 401,921.20 Stormwater Utility Fund 7.05% 323,561.78 Law Enforcement Forfeiture Fund 0.52% 23,891.12 Discretionary Sales Tax, Series 2003 and 2003A Debt Service Fund 0.00% - Stormwater Series 2003 Debt Service Fund 0.00% - Capital Projects Fund 0.00% - Capital Improvements Fund 4.36% 200,000.00 Transportation Fund 8.71% 400,000.00 Public Facility Fund 0.00% - Stormwater Projects Fund 13.38% 614,170.90 Golf Course Fund 5.97% 273,872.77 Airport Fund 0.00% - Building Department Fund 4.31% 198,100.40 Cemetery Trust Fund 4.40% 201,824.92 Sub-Total 100% 4,591,241.16 Stormwater Utility Bond Reserve 100% 626,250.48 Stormwater Utility GIC Interest Reserve 100% 277,107.35 TOTAL INVESTMENTS HELD WITH THE STATE BOARD OF ADMINISTRATION 5,494,598.99 cashsba1208 2/3/2009 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 12/31/2008 INSTITUTION National City National City TOTAL INVESTMENT ALLOCATION General Fund TOTAL ~~ cashsba1208 2/3/2009 CERTIFICATES OF DEPOSIT DATE OF PURCHASE MATURITY PURCHASE PRICE RATE DATE 06/1S/08 $ 542,074.51 2.956% 12/1S/09 12/15/06 1,082,167.91 5.260% 12/1S/08 $ 1,624,242.42 CURRENT PERCENT BALANCE 100.00% $ 1,624,242.42 $ 1,624,242.42 SCHEDULE OF INVESTMENTS 12/31/2008 CUSTODIAL ACCOUNT COUPON/ DATE OF PURCHASE MATURITY CUSIP ASSET NAME YIELD PURCHASE PRICE DATE NUMBER Federal Farm Credit Bank Bonds 3.065% 08/21/07 1,000,000 02/23/09 31331XW65 Federal Farm Credit Bank Bonds 1.850% 12/16/08 1,079,700 10/12/10 31331RHU2 Federal Farm Credit Bank Bonds 2.258% 12/16/08 1,014,530 08/27/12 31331Y7A2 Federal National Mortgage Association 2.625% 10/09/08 1,025,079 06/15/09 31359MEV 1 Fed. Home Loan Mortgage Corporation 2.625% 10/08/08 1,016,730 11/30/09 3137EABB4 Fed. Home Loan Mortgage Corporation 1.250% 12/23/08 1,000,000 12/23/09 3128X8BG6 Federal Home Loan Bank Discount Note 2.670% 09/19/08 987,144 03/16/09 313385DC7 TOTAL 7,123,183 INVESTMENT ALLOCATION FFCB FNMA FHLMC FHLBDN Totals 001 General Fund 2,086,965 - 508,365 987,144 3,582,474 120 Local Option Gas Tax Fund - - - - - 130 Discretionary Sales Tax Fund 150,000 - - - 150,000 140 Riverfront Redevelopment Fund - - - - - 160 Recreation Impact Fee Fund - 512,540 - - 512,540 163 Stormwater Utility Fund - - - - - 310 Capital Projects Fund - - - - - 320 Capital Improvements Fund - - - - - 3_'~0 Transportation Fund 757,265 - 1,000,000 - 1,757,265 363 Stormwater Projects Fund - - - - - 410 Golf Course Fund - - - - - 455 Airport Fund - - - - - 480 Building Department Fund 100,000 512,540 - - 612,540 601 Cemetery Trust Fund - - 508,365 - 508,365 TOTAL 3,094,230 1,025,079 2,016,730 987,144 7,123,183 cashsba1208 1 /28/2009 NEXT CALL DATE 8/27/2009 3/23/2009 3~ CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS 12/31/2008 GUARANTEED INVESTMENT CONTRACT ROYAL BANK OF CANADA ISSUE Stormwater Utiliry Revenue Bonds, Series 2003 TOTAL 3g ashsba1208 2/3/2009 PURCHASE INITIAL BALANCE MATURITY DATE DEPOSIT REMAINING RATE DATE 12/15/06 $ 4,946,840.77 $ 3,483,037.00 4.800% 06/15/09 $ 4,946,840.77 $ 3,483,037.00 cm ~ c° ~~ iT ~. HOME Of PELICAN BSLAND Memorandum To: Mayor and City Council Thru: Al Minner, City Manager From: Kenneth W. Killgore, Director of Finance Date: February 17, 2009 Re: 1st Quarter Accomplishments and Operating Statement Fiscal Year 2009 Enclosed please fmd the ls` Quarter Accomplishments for City Departments as assembled and edited by the Finance Department for the three months ended December 31, 2009. CrTY CLERK Legislative Support Matters • Prepared agenda packets and minutes for four regular City Council meetings, two special meetings, one Board of Adjustment meeting, one Joint ISBA workshop -attended meetings for a total of 20.25 hrs. • One ordinance adopted, one passed on 1s1 reading • Six resolutions adopted • Recorded one vacation of easement • Coordinated with recipients for preparation and presentation of three proclamations • Placed seven Council agendas in the Press Journal • Placed one legal notices in Press Joumal • Placed one display ad inviting public to receive comments on CLUP • Provided monthly calendars and revisions for Council and city staff • Distributed one code supplement • Prepared packets and provided orientation for two newly elected members • Provided for presentation of plaques to outgoing members of Council • Coordinated with IRC and regional offices on appointments of Council members to IRC and regional boards • Coordinated with other agencies for hosting Joint ISBA Workshop in Sebastian in December -assisted by Facilities Maintenance and MIS • Coordinated travel arrangements for two members to attend IEMO Records Management Program • Responded to 46 public records requests • 37 boxes of records that reached retention or were scanned & 20 bags of duplicate and OSA records destroyed by Shred-It - 16 trees saved • Scanned into Laserfiche 12 sets of minutes, 18 agenda packets, 7 Resolutions, 1 Ordinances, 16 agreements and 176 Cemetery files - 24 other documents • 140 Building Pemut Folders with Plans scanned by the Building Dept:: • Assisted Police Department and Airport Manager with records retention issues • Completed amiual records compliance submittal to State of Florida Election Matters • Coordination of nine candidates for Council office -final qualifying, campaign reporting • Swearing in of two newly elected officials at special meeting • Coordinated two Candidate Forums • Assisted with Early Voting 3~ City Board Matters • Filled three Board vacancies • RPM recorded 2 Natural Resources Board meetings. Deputy City Clerk recorded 1 NRB meeting • RPM Coordinated Champion Tree Day on November 18, 2008 • Placed bi-annual board ad per Code Cemetery Matters • Certificates of Interment Rights for eight locations issued for a total of $13,000 • Drafted and received approval from Council for cemetery rate change by resolution • Cemetery software upgrade and training Community Matters • Assisted HR with Student Government Day -prepared goody bags for students • Coordinated Christmas Parade with GFWC, SPOA, Chamber and PW/PD staff to include preparation of certificates and three display ads • Designed and purchased Peter Harris plaque for placement in Riverview Park Personnel/Educational Matters • Screened City Attorney applications as member of committee FINANCE • Prepared Quarterly Budget Review for 4"' quarter of 2008 budget. • Adjusted budget document for final changes and sent to printer. • Submitted budget document to GFOA awards program. • Assisted Auditors with interim audit work. • Closed financial records for year-end and opened up the new budget year on the accounting software. • Began preparation of the financial statements for the year ending September 30, 2008. • Closed year-end for payroll and issued 1099's and W-2's • Handled normal processing of payroll, accounts payable and cashiering. • Evaluated investment options and purchased securities as considered appropriate. MIS • Continued to monitor the Building Department's New IMS web-based real time interface • Fought off every attempt to breach our security. Tracked and stopped 201 attacks. • Continued to maintain all communications equipment and operate free from any interruption in services. • Completed an upgrade of the Police Department to the latest version of IMC. • Completed a new City website and a new Airport website. • Completed the Pontem upgrade and training of the Cemetery software. • Completed the roll out of Office 2003 to include the Police Department • Completed a major upgrade of the Golf Course software, server and all workstations. • Responded to 2,055 work orders, • Ran broadcast station Channel 25 and provided 9 websites to inform the residents • Performed Workstation Preventive Maintenance and handled unplanned Server, Network and Telephone Outages • Made enhancements to the new City of Sebastian website • Created a web page for Code Enforcement HUMAN RESOURCES • Successfully completed the annual Single Audit for grant compliance. • Coordinated the quarterly employee investment meetings with ICMA on October 21, 2008. • Coordinated Student Government Day on October 29`x, 2008. • Recruited, interviewed, and hired (1) Full-Time Police Officer, (3) Part-Time Skate Park Attendants, (1) Part-Time Dance Instructor and (1) Part-Time Engineering Intern. • Coordinated the employee flu inoculations in conjunction with Sebastian River Medical Center, November 5, 2008. • Continued the Employee Recognition Program through the employee of the quarter program. • Completed FDOT random drug testing for the 151 quarter. • Hosted the Annual Awards Banquet on December 13~', 2008. Presented longevity awards to employees attaining 5, 10, 15, 20 and 25 years of service, and employee of the year 2008. • Coordinated the training of a public works supervisor to attend the Florida Chapter of American Public Works Leadership Institute -Module 2 - at the Indian River State College. • Assisted with the hiring of the part-time City Attorney. 1 O POLICE DEPARTMENT Administration • Completed and distributed the 2007 annual report. • Provided for the command staff to gain experience in budget, administration, special events planning, disciplinary matters and reviewing operations of other police agencies. • Comp. Stat. and Staff Inspections are major projects that are still being formulated for implementation. Budget constraints and personnel shortages are making this a very difficult project to complete. • Facilitated the transfer of the Code Enforcement Unit back into the police department. • Purchased 3 new K-9's. One of which, replaced a K-9 that suddenly passed away. The other 2 K-9's are additions to our department to assist with locating illegal drugs and assisting with disorderly persons as well as searching for missing people and crime suspects. Road Patrol • Officers responded to 2,267 calls for service, and self-initiated 5,479 events. • 149 adult and 14 juvenile arrests were made. • Officers issued 1,279 citations, 21 parking citations, and 861 written warnings. • Officers completed 403 offense reports, 163 arrest reports, and 70 crash reports. Road Patrol and Special Operations continue to serve the community by patrolling the city to deter crime and maintain the community policing philosophy. Officers and sergeants maintain their skills by attending mandatory and advanced training. School Resource Officers • 3 DARE skate events. • 11 RAD Kids classes. • There were 3 school reports written. • 6 student/parent conferences were conducted. • 177 counseling's of students. • 9 school meetings attended. • 36 classroom programs were conducted. Community Policing • Completed 4 community contact/meetings. • Attended 21 business contacts/meetings: • Officer Marcinik completed 96 background investigation hours. • Officer Marcinik gave 2 department tours. • Completed 24.5 hours of patrol duties for shift coverage. • Officer Marcinik completed 6 backgrounds for potential employees. • Officer Marcinik also conducted 29 hours of department training. • Officer Marcinik conducted 20 hours of car seat installations and education to the public. • Officer Marcinik also had 8 hours of community problem solving/intervention. • Officer Marcinik had 13 officer initiated activities. Community Volunteer Unit • The Community Service Volunteers worked a total of 1802 hours during this quarter. • 64 bank deposit details were made. • 3 Handicap warning citations were issued. • 1 citation for Handicap parking was issued. • 4 traffic control details were assigned. • 358 house watches were completed. • 69 vehicle transports were made. • 194 business checks were made. • 112 area checks of banks were made. • 18 Airport checks were made. • 25 special details were assigned. • 16 miscellaneous assists for law enforcement personnel. • 226 paper runs ie: State Attorneys Office, Sheriff's Office, etc. • Assisted with traffic control on 10 traffic crash scenes. Training Unit • Processed numerous schools for the department which totaled 529 course hours of training. • Hired and set up training for two new officers. 41 Investigations • Sergeant Grimmich attended an 8 hour mandatory course required for FDLE standards, Detective Carlson attended an 8 hour Investigative Interviews course, and Detective Robinson attended an 8 hour Clandestine Lab Recertification course. • 108 cases were assigned, with 65 being cleared. • 23 felony arrests and 2 misdemeanor arrests were made. • 181 reports/supplements were completed. • 24 warrants were obtained. Records Division Incident Reports processed/dispersed to proper agencies and entered into IMC. Arrest Reports (Juveniles) .................................................................. Arrests Reports (Adults) .................................................................... Accident Reports processed, dispersed and entered into IMC ........................ Traffic Citations processed and entered into IMC ...................................... (Civil - 345; Criminal - 26; Citation Arrests - 46; Voided - 2) Parking Citations processed, followed up and entered into IMC ..................... Warning Citations processed, followed up and entered into IMC .................... Subpoenas signed, processed and distributed ............................................ (Oct. - 162; Nov. - 102; Dec. - 106) Fingerprinting Service: Oct. - 14; Nov. - 21; Dec. - 18 .......................... We provide residents with local checks, incident/accident reports, fmgerprinting services a Special Operations 403 14 149 70 419 23 861 370 53 nd assistance with various other requests. Citations Warnings Incident Reports Arrests Traffic (431/434) 312 120 10 17 Traffic Homicides (0) Traffic Crashes (15) Boat Ofc (ID 469) 28 21 7 0 K-9 Ofc's (41/37/3846) 184 144 43 13 TOTALS 524 285 60 30 K-9 Usage/Activity Reports: 9 K-9 Training hours 720 combined hours. K-9 Demonstrations 2 K-9 Apprehensions 2 misdemeanor & 3 Felony Communications Division • 9,322 calls entered into C.A.D. (IMC) • Tota1911 calls received 1,998, we dispatched 957 calls for service, transferred 806, hang-ups were 147, and 88 unknown cell phone calls. The breakdown of the lines are as follows: o Wireless 911 calls - 1,063 o Wire-line 911 calls - 930 o VOIP 911 calls - 4 o Unlaiown - 1 • Answered 8,076 incoming Admin Lines (black phone only, numerous other calls on the white Siemens phones not included) • Equipment Repairs • Replaced 911 phone at workstation 2 • Replaced wall TV monitor for cameras • Training attended: (3) FDLE Regional Work-Group Meeting, (2) Communications Managers Training, (1) Voice Print Recording Training • Training attended: (1) FDLE CJIS Conference, (1) How to Deal with Difficult People • Handled (74) House Watch Requests/Cancellation During this quarter as in all quarters, Communications provided the Citizen of Sebastian with house watch requests and cancellation services, citation sign offs, information, phone numbers and other services by contacting other Agencies and/or Departments for them. Communications takes and dispatches all non-emergency and emergency phone calls, as well as requests for Law Enforcement, Code Enforcement and Volunteer services. Communications assist the Officers, Detectives, Code Enforcement and Volunteers with placing phone calls to citizens, parents of juveniles, State Attorney, Court House, Tag Office, Drivers License Office, key holders and any other agency requests they may have as well as sending teletype messages to DHSMV, FCIC/NCIC and other Law Enforcement Agencies regarding cases our agency is working. We also provide service to non-resident's by answering questions, giving phone numbers, referring them to the proper agency, etc. We assist other agencies with information and/or requests they may have. ~~ 4 Code Enforcement Division • Issued 564 written warnings. • 182 re-inspections. • Closed 300 cases. • 288 citizen assists. • 54 Liens files • 167 violation letters sent. • 98 sign removals. • 109 No violations noted: ENGINEERING General • Handled numerous meetings and review discussions related to design and permitting of the City's Stormwater capital improvement program. • Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents. • Worked closely with City Manager, City Attorney, and City Staff regarding various organizational, procedural, and substantive matters -particularly having to do with Stormwater, traffic, streedroads, and capital projects. • Assisted internal staff on a daily basis in the clarification and resolution of numerous contractor drainage permit matters. • Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth Management. • Reviewed for approval numerous FEMA /FIRM flood map revisions (in conjunction with Growth Management). • Continued performing troubleshooting and planning for interrelated drainage, paving, and sidewalk matters. • Continued development and improvement of Sign Shop operations and procedures including design, procurement, and installation of various traffic signage items. • Reviewed and assisted in implementation of paving program. • Reviewed capital improvement projects. • Put together bid packages for several capital improvement projects and handled bid process for same. • Worked. with City staff and outside agencies and consultants regarding grants and grant opportunities for several capital improvement projects. • Participated in collaboration between City and MPO. • Worked with City Airport Director on various items related to improvements at the Airport. • Continued development and organization of Engineering Assistant /Intern program. • Made plans for enhanced employee training program in the Engineering Department. • Continued development work, including various key contacts and meetings, regarding program for renewable energy / green technology applications in the city. • Handled numerous meetings and review discussions related to design and permitting of the City's Stornwater Utility capital improvement program. • Handled numerous personnel matters having to do with Engineering staff, including Sign Shop. • Continued design, permitting, grants, contracting, and/or construction activities on the following City capital improvement projects: Collier Canal Stormwater Retrofit; Periwinkle Stormwater Retention; Easy Street Renovation; Pedestrian Bridges; Repairs to Existing Bridges; Barber Street Stormwater and Paving Improvements; Potomac Stormwater Project (including major road crossing pipe under Roseland Road); Extension of Powerline Road North. • Meetings and discussions regarding CCNA RFQ procedures for new continuing service contracts for engineering services. Field Investigations • Handled 7 new pool construction inspections. • Handled 65 new home construction inspections. • Handled 2 new home drainage permits. • Handled 28 new fence permits. • Set elevation for'/4 round project driveway pipes. • Set elevation and grade for 5 road crossing pipes • Coordinate with Public works on the '/4 round project. • Coordinate with Growth Management on 10 FEMA applications. • Coordinate with Neel-Schaffer on varies projects • Handled 7 new pool construction inspections. • Handled 65 new home construction inspections. 4~ • Handled 2 new home drainage permits. • Handled 28 new fence permits. • Set elevation for '/4 round project driveway pipes. • Set elevation and grade for 5 road crossing pipes • Coordinate with Public works on the '/< round project. • Coordinate with Growth Management on 10 FEMA applications. • Coordinate with Neel-Schaffer on varies projects Miscellaneous • Worked with FPL on the installation of new street lights. • Coordinate with CDM on stormwater park. Traffic Division • Stop signs- 50 • Street signs- 40 • Crosswalks 10 • Decals 90 • Speed signs 18 • Stop signs 50 • Handicap- 8 • No parking- 12 • Specialty- 120 • Warning signs- 6 • Temp signs- 30 • Guide signs 12 • Street signs-30 • Ped Xing-10 • Spec ped signs 1 • School Zone 6 • No trespassing 8 • Object Markersl5 • Brite-side Strips-10 • Pavement markings 1500 ft • MOT signs-41 • Tota1377 • Fabricated 232 • Total signs 609 • Pavement Marking 1500 ft. • Arrows 4 • RPM's 50 (Routine replacement) The latest project is enhanced signage for IR Drive ped xings. We should be doing a few of those as money becomes available. The pedestrian bridges will be the next big project in addition to the daily routine. I am constantly looking throughout the city to determine where we are lacking or out of compliance with state and federal guidelines pertaining to traffic issues. As I identify an issue I consult with my supervisor and any other available source of information and try to meet the challenge. Intern Program Over the past months the Engineering Depa~~nent Interns have started and continued projects including, but not limited to, traffic studies, capital improvement project research and development, and site plan review. The Interns also provide AutoCAD services to create and modify new and existing site drawings. More specifically, the Interns have spearheaded or contributed to the following projects: • Well and Rain Monitoring • Collier Creek Retrofit • Bridge Repairs • Plan Reviews • Various site visits and evaluations • Pedestrian Bridges • Quarter Round Project Throughout all of these projects the Interns have been able to provide the City with engineering knowledge and assistance while receiving invaluable experience. PUBLIC WORKS DEPARTMENT Roads and Maintenance • Repaired Jefferson St Curb and Gutter • Edged and cleaned sidewalks • Repaired yacht club dock • Paved road crossing on Doctor Avenue and fixed potholes • Repaired alley way behind Highlands animal hospital • Graded the Community Center Parking lot • Repaired the light on good guys dock • Repair lights on Main Street dock • Cut back right of ways. • Prep area for sod at the Hardee Park Weir • Graded the cavcor and good guys parking lots • Put in walls at the pedestrian bridges • Repaired the alleyway behind Cumberland Farms • Setup and break down for the Clambake • Straighten light poles and replaced three on Indian River Drive • Redecked the bridges at Riverview Park • Reroofed the pump house at Riverview Park • Put new roof on at the Creative Playground • Fixed the sign at the yacht club • Installed new fence at Hardee Park • Graded around sidewalks at pedestrian bridges to prep for sod • Removed the shutters from Old school house • Repaired the step at the Main Street Dock • Put in new sidewalk at the Airport Office • Put electric in the garage for MIS • Put in two new phone lines at the compound • Repaired the retaining wall at the yacht club • Repair the solar panel at west end of town • Put in new fence at Periwinkle Park • Replaced ridge vent on the garage • Repaired the fence at George St Park • Repaired the pump at Cavcor parking lot • Installed pump house at Easy St Lake • Repaired the roof on garage storage building • Removed dead trees from Periwinkle and Stonecrop Parks • Trim trees in City Parks • Cut pepper trees out at Concha Dam on both sides • Paved road crossings at Crystal Mist and Ocean Cove • Sweep 127 miles of streets, 9 dumps 6 fill ups with water Parks and Recreation • Overseeded and fertilized the baseball, soccer and football fields • Assisted with Veterans Day and Pearl Harbor Day • Assisted with Champion Tree Day and planted 5 live oaks at Periwinkle Park • Ran Halloween Costume Contest at Riverview Park • Rebuilt the path and added fencing at Garden Club Park • Added new benches, picnic tables, trimmed trees and installed new mulch at Periwinkle Park • Added clay and leveled infields on baseball fields and batting cages • Rewired the lights at batting cages • Repaired irrigation at Riverview Park by twin piers • Removed seaweed from both boat ramps • Removed underbrush and trimmed trees at Bryant Court Park • Pressure cleaned and painted Creative Playground • Removed rust and painted metal poles green in big pavilion at Riverview Park 45 • Pressure cleaned and stained the gazebos in Riverview Park • Installed the benches by new fountain in Riverview Park • Assisted with Clambake and Christmas Parade • Installed recycled trash containers at boat ramp and Riverview Park • Installed new irrigation pumps for US #1 and Cavcor parking area • Assisted with tree trimming throughout the City of Sebastian • Repaired the ramps at the skate park • Continued Regular Maintenance • Continued the regular programs at the Community Center, tennis courts and skate park. Cemetery • The Cemetery Division continued regular routine maintenance of mowing, weed eating and edging. • Fertilized and applied weed killer. • Made necessary irrigation repairs. • Installed all necessary memorial plaques. City Garage • Obtained and put into use the new tire pressure monitor and new transmission/fuel tank jack we had been requesting • We continue to work with other operating departments to identify their vehicle and equipment needs in the event of an emergency • Continued maintaining the fuel facility in accordance with E.P.A. requirements and assuring fuel is always available to our fleet. • We are maintaining a relatively low backlog on vehicle's and equipment, except for those cases that need to be outsourced and depend on the availability of funds each deparhnent has. • We continue to monitor our inventory monthly. The new procedure for distributing miscellaneous parts and inventory is working well, and seems to have cut back on the amount of items being used or signed out for. Building Maintenance • Quarterly testing of sprinkler systems at City Hall and PD • Replaced three windows and 1 door at football field concession bldg due to break in and robbery • Performed preventative maintenance to roofs at city hall and police department respired blisters, bubbles, cracks, etc. • Researched and found several less expensive cleaning and paper products • Relocated public works offices to different location at Airport • Quarterly Inspections on A.C. Units for mechanical and controls at City hall and Police Department • Assisted other departments for clambake festival and pumped septic tank at Riverview Park • Waxed floors at the police department, community center and Airport • Relocated code enforcement offices from City Hall to Police Department • Removed old range ball machine and installed new machine at Golf Course • Monitor and inspect janitorial services • Complete work orders in a timely fashion • Paint over graffiti and make repairs from vandalism at various city sites • AC and Duct work repairs to R.T.V 1 PD Stormwater • 52 driveways were replaced • Pipe replacements 2220 feet total 0 12" pipe-1680 LF 0 15" pipe- 120 LF 0 18" pipe- 280 LF 0 30" pipe- 100 LF 0 36" pipe- 40 LF • Road crossings repaired -7 • Ditch excavation approximately 6400 LF • Cut back Mowing with long arm- Units 1-8-11-14-15 • Vac Truck cleaned 0 32 driveway culverts 0 10 road crossings 0 12 catch basins • Front Swale '/4 round drainage work -Approximately 10,471 LF ~~ GROWTH MANAGEMENT Site Plan Reviews (major, minor and administrative): • Subdivision and PUD Reviews: • Division of a single lot - 0 • Preliminary plats - 0 • Construction plans - 0 • Final plats - 2 • Extensions - 0 Annexations: 1, Bridgeton Properties (in process) Land Use and Zoning changes: 1 FEMA: • Flood zone determinations - 12 • LOMR (Letter of Map Revision) Applications - 10 Code Amendments: • Land Development - 0 • Comprehensive Plan - 6 • Discussions - 1 Zoning Applications: • Variances - 1 • Conditional use permits - 1 • Overlay District waivers - 0 • Special events/Temporary use permits - 4 • Accessory Structures (over S00 sq. ft.) - 1 • Model home permits (new & renewals) - 1 • Sign permits - 24 total - 17 permanent, S temporary, 2 A-frame • Release of Unity of Titles - 1 • Abandonment of Easements - 1 • ROW Dedications - 0 ResidentiaUCommercial Inspections: • Final tree inspections- 21 • Land clearing permits - 27 - 2S Residential, 2 Commercial • Tree Removal permits - 10 • Dewatering - 1 • Erosion & Sediment - S The Growth Management Department continues to work with the City Manager and City Attorney on the Interlocal Service Boundary Agreement. The Fish and Wildlife grant agreement was executed in October that provides funding for the Main Street Boat Ramp project. In November, the GM department worked with the Natural Resources board for Champion Tree day and wrote the Stan Mayfield Working Waterfront Grant program application. Council approved supporting both the City's and Fisherman's Collaborative grant applications through resolution and provided funding to the City. In December, GM staff held the first public hearing for the six comp plan amendments and transmitted to the State DCA staff for review. BUILDING DEPARTMENT • Permitting activity is typically slower in the ls` quarter during the holidays. In October there was 1 new single- familyresidential permit, in November, there were 0 new single-family residential permits and in December there were 2 new single-family residential permits. There continues to be a small amount of commercial permitting. • Total building permits issued for the 1St quarter includes ls8 for October, 74 for November and 120 for December. These figures on average are somewhat less than the fourth quarter of last fiscal year. • Total inspections for the 1St Quarter included 442 for October, 391for November and 338 for December. Inspection totals have decreased slightly from the fourth quarter of last fiscal year. • The following Business Tax Receipts were issued from October ls` to December 31st: New Businesses-41, Renewals-124, Transfers-1, Duplicates-0, Home Based Businesses-20, Commercial Businesses-19, Insurance Companies-2, Solicitor Permits-20 • Staff has been working diligently to process contractor licensing and business tax receipt renewals that were sent out toward the end of the last quarter. So far, the resulting revenue from these fell short of what was anticipated. This appears to be linked to the current state of the economy. Many contractors and businesses are no longer in business have not renewed their professional licenses and/or business tax receipts. When the economy begins to improve it is expected that this revenue will increase with renewal fees being paid along with and any late fees that maybe owed. ~i ors Qtt Or ", HOME OF ` t?ELIUN ISEAND AGENDA TRANSMITTAL Subject: Agenda No. ~ 4. ~_3 Dog Park Department Origi Ci Mana er • City Attorney: Ap ov f Submittal by: City Clerk: Date Submitted: 19 FEB 2009 --. i e , Cit Mana er Exhibits: Site Plan EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $19,103 $20,000 $0 L SUMMARY Staff has continued the search for Dog Park locations. Another location has been identified along Empress Terrace. However, upon an environmental review there are several gopher tortoises occupying this area. With this issue now identified, at their meeting on February 9, 2009, the Parks and Recreation Committee has recommended that the City Council move forward with the Dog Park construction at the Keen Terrace location. Attached for your review is a dog park site plan. Estimated costs for park construction are as follows: ITEM UNIT COST (~UANTIIY TOTAL Fencing pnstalled by City forces)..... $7.75 7.10 5,503 Fencing Decorative (unit so' Sections for aoo~) $60.00 5 300 Water Fountain $3,000 1 3,000 Parking Lot/Sidewalk Construction $5,000 1 _ 5,000 Water Hook-Up $1,600 1 _ _ 1,600 .. Electric Hook-Up _ $1,500 _ 1 _ 1,500 Signage $1,500 1 _ __ 1,500 __ Waste Bag Dispensers _ __ $500 __ 1 _ 500 Trash Rece tacles $200 1 200 TOTi4L ._9;,19,193_.. Based on the above estimates, construction of the park is $19,103. This represents the basic amenities required. The current allocation from Recreational Impact Fees is $20,000. Based on City crews completing this work, the project can be accomplished close to budget parameters. In moving forward, should Council approve this plan, the enclosed site plan will be presented to the Planning and Zoning Board at its next regular meeting and construction can commence shortly thereafter. Should Council not approve this site and location, staff would recommend de- allocation of funding and not move forward with construction of the dog park. RECOMMENDATION Recommend construction of the dog park at Keen Terrace. 0 50 NORTH ' illl~~~~~~il~~illlllll lillll~~~ it IIIIIII 111, ~ Illilli j- NOT 7YJ 57C4L8 • • ~• DETAIL 'A' ~~ ~w .~, Existing ~~ Trees 6'x10' AIL 'A' Sallyport Sidewalk • .:~. Vegetation r ®~ ~~ ~ • i~ ~ ~® s ~~0 0 ~® Vegetation Y O a a` ~~~1 7 T~'RRA CE m t ~ LEGEND: i a ---yo- FENCE ° o TREES EXISTING 0 E - WHEEL STOPS ® SALLYPORT Y Q CONCRETE ~ I i ti Desl ned B ~ Drawn s ~ SEBASTIAN DOG PARK Dnte~ FEBRUARY 2009 KEEN TERRACE SHEET Pro,Ject~ KEEN TERRACE 1 OF 1 SITE DATA: TOTAL LOT SIZE: 52,608.40 S.F. (1.21 ACRES) FENCE AREA: 52,608.40 S.F. (1.21 ACRES) L.F. FENCE: 1,109.92' f TOTAL PARKING SPACES: 6 (4 REGULAR, 2 HANDICAPPED) S.F. PARKING: 15,223.23 S.F. (0.35 ACRES) S.F. SIDEWALK: 342.00 S.F. (0.01 ACRES) 52 Uti ttrr ~~ '.- ~ H~NEE ©F FECICMI (5l1titVD AGENDA TRANSMITTAL Subject: Agenda No. ~ ,~ ~ ~ Sch ann Park Improvement Project Department Origi ~ Cit Mana er City Attorney: A ov r Submittal by: City Clerk: Date Submitted: 19 FEB 2009 n , Cit Mana er Exhibits: Attachments EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0 At This Time $166,200 (Remaining) $0 SUMMARY In the 2009 Capital Improvement Plan (CIP), Council authorized improvements at Schumann Park. The scheduled improvements are additional tennis courts, basketball court and resurfacing existing tennis courts (which are damaged far beyond normal maintenance requirements). Other improvements discussed included construction of new restroom facilities, shade bleachers, signs and landscaping. In the CIP, a budget of $175,000 was allocated. Approximately $8,800 has been spent to date for engineering, permitting and survey. Since this project was scheduled, the Engineering Department has used the service of Neel- Schaffer to design said improvements. Because of requirements for stormwater retention and increased impervious surface, the park only has room to construct approximately 22,000 square feet of additional playing surface (Single Tennis Court -10,800 square feet; Full Basketball Court - 5,000). This is enough for two tennis courts, or any combination of surfaces up to 22,000 square feet. At their meeting on Monday, February 9, 2009, the Parks and Recreation Committee recommended that the City Council construct two basketball courts instead of one tennis court and one basketball court. At their meeting on Thursday, February 19, 2009, the Planning and Zoning Commission approved both site plans. The P/Z also unanimously requested that Council execute the two basketball court option. To move forward with construction, staff seeks direction from Council on improvement options. Upon Council direction, staff will let this project for formal bids and prior to contract award will brief Council on the financial situation. It is anticipated that the construction costs for the project will absorb the budget, not leaving funds to address restroom construction, signs and other items (also mentioned by the P/Z as important elements to the project). Hence, a budget modification may be needed. Those issues will be brought to your attention prior to execution of the surface construction contract. However, it is anticipated that enough funds are available for surface construction at this time. RECOMMENDATION Seek direction from Council with regard project parameters. ~~ 54 0 o ° / o 0 W / o M Q p c // .Toro m 0 NO 5 /g„ JII ~ ~ ~ / ~ °' ~ RE AR R / N ~,~roro C~ 3602 ~ Q Z a~-~ / ~. Toro ~~ / a/ / /N TOPO 111 n / ,I DITCH / ~ / ~ PO I Y ` y Ln ~ ~ ~ ~ ~ N TOPO LJ r. TOPO ~ `~ ~~ n ~ `~ ~ I- Y O O f [~. 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O ~ ZQ n d9Bx 0 o N ~ = M ~ ~ O ~ ~ w O `~ Z w w O az ~ w pow O a m~~w Op~Q ~- Z Q F- a¢ acn ocnza m o~~ H ~ ~ _ O u C9 Z w W~ 9 ~n LLm °~^~ Q~ >~g V~ 8~~ q a~ ~ ~~~ W" a~~ W a10" Z ~s~ III ' LL LL T ~ ~ ~~~~~ 0000 ~ ~ ~~~~~ z ~ ~aaao ~ y~°~~~~ ~ ~~yy hUp ~ ll ~ ~ ~ = O m O D U on; ee eee ~ ~~~ AF 5~~3 ~ ~ ~ g~~~~~~~~~3w~~~ ~ is ~ ~ ~ ~ ~ ~: ~ ~ ~ ~ 8 ~' ,~, ~- yy p {pe~ ~~ a° y 1 a € ~ ~y 3 3 € ~ ~ ~~ ~ ~ g ~ 8~'~ ~~ ~~ ~~ w~ H ~~ e~ ~~ ~~ E~ e5 ~ ~ h ~~ a ~~ ~~~ ~~ 8~ ~e i~l~gg ~~~~~~~4 gg ~~~~~~~,3_~ ~p~ ~~~ v~Q~ I~~~g~~ ~~ ~ ®1~ ~~~~~6 ~~g ~e, s~ ~~~~~1 0 ~~ ~ 1~~~ 9~~ ~ ~:~9~ ~~ W ~~~~~~~~p a 1 ILLS ~ ~~~ ~ ~~~~ ~ ~~~~ ~~~~s~~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~~~~~ s~~€$~~~ f'71Y ~ HONfE OF PELICAN ISLAPiU AGENDA TRANSMITTAL Subject: Agenda No. (~ _ Q~ Consider Purchase 1301 US Highway 1 Department Ori it Man ~`v~/ City Attorney: City Clerk: Ap ove o ubmittal by: Date Submitted: 19 FEB 2009 I e Cit Mana er EXhIbItS: Appraisals, Contingent Contract, IRD/Main Street Funds; Appraiser Office Information EXPENDITURE REQUIRED: AMO UNT BUDGETED: APPROPRIATION REQUIRED: $300,000 $2,846,475 $0 SUMMARY For sometime the City has had interest in purchasing the property located at 1301 US Highway 1. This property is located in the center of the Riverfront District and provides a number of opportunities for the City. Perhaps the greatest ownership benefit would be the City's ability to (1) remove the blighted building; (2) provide additional green/open space; (3) have public ownership of three-quarters of the City's primary thoroughfare intersection; and, (4} remove a sight safety hazard (the existing or future building), which limits intersection visibility at Main Street and US 1. The purchase consideration comes at a unique time in light of the ongoing construction of the Indian River Drive/Main Street project, available funds in said project ($1,004,893 -see attached sheet) and a seemingly willing seller. Mr. Richard Scott is the owner of said parcel. In past discussions he has asked "top dollar" for the parcel. His asking price has been in excess of $600,000. However, with the market conditions unfavorable, Mr. Scott has been showing willingness to sell for less. In or about December 2008, Mr. Scott contacted me with interest in selling and suggested a price of $325,000. This price has been lowered to the current asking price of $300,000. At this price, Mr. Scott is taking a $75,000 loss on the property as the Indian River County Appraiser's Office shows his 2005 purchase at $375,000. Enclosed for your review are (1) a contingent sale contract, signed by Mr. Scott and Ms. Case; (2) an updated 2009 appraisal report and the older 2007 report; (3) property records for sale; and, (4) tax records which shows the current assessed value and tax payments. While there are many positive aspects of this offer, in the spirit of full disclosure there is, in my opinion, one major negative issue; that is price. The current appraised value is $190,000. This amount is $30,000 lower than the 2007 report and $110,000 below asking price. RECOMMENDATION In light of the documentation and consideration above, the City Manager Office recommendation is to approve the purchase at $300,000, funded with the monies available in the Indian River Drive/Main Street project. 5q ~o INDIAN RIVER DRIVE/MAIN STREET PROJECT C0741 Direct Charges to CRA Fund: Land Purchase 397,849.24 Appraisals on 806 Indian River Drive 10,000.00 Notices/Postage 779.75 Schulke for Design 190,061.25 598,690.24 Transfer to Project from CRA Fund: FY2007 215,401.00 FY2008 619,561.00 834,962.00 Transfer to Project from Recreation Impact Fees 500,000.00 Expected Proceeds from Florida Boating Improvement Grant 425,291.00 Expected Proceeds from FIND Grant 487,532.00 Total from All Funding Sources 2,846,475.24 Less Direct Charges to CRA Fund (Shown Above) (598,690.24) Current Budget for Project in Construction Fund 2,247,785.00 Charges to Budget for Project: Trash/Landclearing Public Notices Tree Consultation/Spraying Schulke for Construction Admin Currently Available Balance for Project C0741 (1,799.24) (271.67) (865.00) (46,052.50) (48,988.41) 2,198,796.59 H&D Construction Agreement Available for Contingencies or Other Items 1,193,903.00 1,004,893.59 Ken Kiltgore 2119/2009 ~I ~z Feb 18 09 05s 2:~p Hndrisn L~ui 7075269051 ~r.2 CtJMMERCIAI. REAL ESTATE SALE CONTRACT 1. PURCHASE AID SALE: The City of Sebastian, Florida ("Buyer"} agree to buy 2r:d Richard S. Scott and Mario L. Case ("Baiter"} agree to se:l! the property described as 1301 US liiahway #1, Sebastian, FL 32958 (herein refen-ed to as the "Property"j. A Legal description is attached hereto and marked Exhibit "A". The terms and conditions far said purchase set forth herein The "Effective Date" of this Contract is the date on which the City Gauncil of the City of Sebastian, Florida, adopts a resolution approving ibis purchase. i ime is of the essence ire fhis Contract. 2. PURCHASE PRICE: The purchase price is three hundred thousand dollars {300,000.00} which will be paid in foil by the t~uyer at time of closing. 3. TITLE: Suer has the legal capacity to and will convey marketable title to the Property by statutory warranty deed'free of liens, easernenra and encumbrances of record ar known to Seller, but subject to property taxes fee the year of closing; covenants, restrictiorts and public utility easements or record. ~f~ Pu~~ g_~~ ~_'~•' (a) Evidence erf Title: 911i1eM will, at expense and within fifteen (15j days from the Effective Date deliver b Bayer a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, sn owner's policy in the amount of purchase price for fee simple title subject only to exceptions stated above. (b) Tide Exart-inatic~n: Buyer will within frfteen (15} days from receipt of the evidence of title deliver written notice to set~r of title defects. The title wilt be deemed acceptable to Buyer if (i j Buyer fails to deliver proper notice of defects or (2} Buyer delivers proper written native and Seller cures the defect within thirty {30) days from receipt of the notice. Selisr may elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If defeCis are not cured with ire Curative Period, Buyer will have tart (14) days from receipt of notice of Seller's inability to cure the defects, to elect whether to terminate the Contract ar accept title subject to existing defeat and close the transaction without reduction in purchase price. The party who pays for the evidence of the title will also pay related tide service fees including title and abstract charges and title examination. (c) Survey Seller wilt, within fifteen (15} days tram Effectiv:r Date, deliver to Buyer copies cif prior surveys, plans, specifications, and engineering documents prepared for Seller or in seller's possession, which show al! currently existing structures. Buyer will, at Buyer's expense and within the time period allowed to deliver and examine title evidence, obtain a currant certified survey of the Property from a registered surveyor. If tfte survey reveals encroachments an the Property or that the irrsprovements encroach an the lands of another, Buyer will either accept the Property wikh existing encroachments or such encroachments will constitute a file defect to be cured within the Curative Period. (c#) Ingress anx! Egress. Setter warrants thafi the Property presently has ingress and egress. (e) Possession: Ssllar will deliver possession and keys for all locks and alarms to Buyer at closing. 4. CLOSIPIG CJ~kT~ AND PRCDCEt3URE: This transaction w~iit be closed in Indian River CourEty, Florda an cr before t~arch'30, 2009, unless otherwise extended herein. Buyer wit! designate the closing agent. 63 deb 19 Q9 Oa:~7p Rndr•ian Law 1075269051 p»3 (a) Costs: Buyer will pay recording fees for the deed. Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. tf Setler is ob!'rgated to discharge a,~y e~rcum~ance at ar prior to closing and fails to do so, Buyer may use purchase pror~;ds to satisfy the encumbrances. (b) Documents: Salter wilt provide ±he deed, bill of sale, mechanic's Gen affidavit, assignments cif leases, rrrpdated rent roil, tenant and tender estoppel letters, assignments of permits and licenses, and corrective instnaments. Seller wilt transfer security deposits to .Buyer. Buyer wJl provide the closing statement. (c) Taxes, Assessments, and Proraffons: The following items wiN be made current and prorated as of Closing Cate: Rea! Estate Taxes, tgond and Assessment Payments assumed by Buyer, Interest, Rents, Assoriatian Dues. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year wilt be used with due allowance being made for improvements and exemptions. Salter is aware of the following assessments affecting or potentially affecting the Property: Guyer will be responsible far all assessments of any kind which wi+I become due and owing on or after Effe+tive Date. 5. PROPt=RTY CONUtTtON: Seller will deliver the Property to Buyer dt the time agreed in its present "as is° condition, ordinary wear and tear excepted, and wilt maintain the landscaping and grounds in a comparable condition. Setler makes no warranties other than marketability of title. By accepting the Property ras is", Buyer waives all claims against Seller for any defects in the property. t3uyer has inspected the Property ar waives any nigh: to inspect and arxepts the Property in its °as is" condition. (a) Disclosures: Radon Gas -Radon is naturally occurring radioactive gas that, when it has accumulated in a building to sufficient quantities, may present health risks to person who are exposed to it over time. Levels of radon thaE exceed federal and state guidelines have been found in buildings in Florida. Addttlonal information regarding radon and radon testing may be obtained from your county public heaitt~ unit. S. OPERATION OF PROPERTY DURENG CONTRACT PERIOD: Seiner will continue to opecate ilia Property and any business conducted on the Property in the manner operated prior to Contract and wilt take no action that would adversely impact the Property, tenants, tenders or business, if any. J~ny changes, such as renting vacant space, that materratly affect the Property or Buyer's intended use of the Propery wilt be permitted only with the Buyer's consent. 7. DEFAULT: In the event the sale is net closed due to any default or failure on the part of the Seller, other than failure to make the title marketable after diligent effort, Buyer may seek speck performance. t3. AT'TORNEY'S ~EE$ At~tD COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, which for purposes of this provision will tnctuoe Buyer-Seller will be awarded reasonable attorney's fees, costs and expenses. 9. BROttERS: Neither Buyer nor Setler has utilized the services of, or for any o±her reason owes cor~r~pensatior. to a licensed real estate Broker. 10_ ASSiGNABIt.dTY: PERSONS B4UND• this Contract may be assigned to a related entity, and otherwise is not assignable. The terms "Buyer„ and `Seller" may be singular or plural This Contract is binding upon Buyer, Seller and trreir heirs, persona; representatives, successors and assigns (if assignment is permitted). 2 ~v eb l $ D9 Cl~: 2$p ~ndr i arti Law 7D75269D51 p. 4 1°i. MISCELLANEOUS: The terms of this Contract constitute the ent'sre agreEment between Buyer and Seller. Madifications of this Contract will not be binding unless in writing, signed anc delivered by the party to be bound. Signatures, initials, documents referenced in this Gonrract: ~unterpar`~s and written modifications communir..ated electronicaiiy or on paper will be acceptable for ail purposes, including delivery, and will be binding. E-landwritten or typewritten terms inserted in or attached to this Gantract prevail over preprinted terms. if drry provision of this Contract is or becomes invalid or ur?enfarceable, all remaining provisions wiA contint:e to be fatly effecti~re. This Contrast will be construed under Florida taw and will not be recorded in any pubiiC records. De.:livery of any written notice to any party's agent will be deemed delivery to that part°~r. OFFER; Buyer offers to purchase the Property on the above terms and conditions. Ur!ess acceptanve is signed by Seller and a signed copy delivered to Buyer car B~ayer':~ anent no la-er than Friday, February 20, 20t?3, Buyer may revoke ti~is offer. BUYER: Ciry of Sebastian, Ficrida Tax i.D. No. ~y: Richard h. Giilmor, Mayor 1225 Main Street Sebastian, FL 32958 Authorizing Ftesolukion #R-C9-, At;.es± Approved as tc Form: Date Sally Maio, MtdlC Date ~tabert A_ Ginsburg _~ Date City Clerk City Attorney ACCEPTANCE: Seller accepts ti3uyer's after and agrees to sell tl~e I~roperty on the abave terms and Conditions. SELLE/ R~ SELLER: Ri 2rd S. Scott ~ htt le L. Case D ate Witness: t~ " r lvame. Date Y /Wltnr?SS: I ,~ 11 ' '~ ~~~ ~~ e: - tQ f ~~ (05 UJ 43J:fJN t-tCtlJf-J. OfI LCIW !U /+JG ~J UJL N EXHIBIT "A" LEGAL CESCRIPTIt~N 1301 US HIGHWAY 1 SEBASTIAN; FLORIDA 32958 PBS 4-74 LOl"S 5&8 8LK 1, LESS HWY R11N P.S IN R BK 8 PP 167, & ALSO iNCLUDiNG ALL OF LOT 7 BLK 1 W OF R/Vtf CJF THE NEW US MNY NG 1, ALSO THAT P(:)R OF THE Ai3ND ALLEY IN BLK ?LOT '7 AS IN D BK 49 PP $~ R SK 11 PP 576, LESS HWY R/UIl AS iN D BK 112 ?P 331. & IN R BK 113 PP 57 (OR BK 46S PP 801}, & ALSO WCLUD?NG ALL OF LaT 8 BLK 1 ! ESS HWY F~.fV11 AS iN D BK 112 PP 331 4 ~~ Indian River County, Florida Property Appraiser -Property Data Page 1 of 1 Data For Parcel 31390600003001000005.0 Base Land Sales Sketch Improvements Permits Misc History Trim Parcel: 31390600003001000005.0 ; °~ - r., <', ~ ~_ Owner: RICHARD S & SCOTT '-~, ~ ,~; ~~ Site _ sek~asciasi ~ `~' j" . 1301 US HIGHWAY 1, SEBASTIAN, FL 32958 ~~ ',~ +,~~t ~ ~ -. Address: ~, , , . __ ~ . . __ _ _. _ __ :The figures displayed on this page are the original figures mailed out on TRIM notice. Trim Proposed Assessments [+] Map this property -- - ."' ` ~ ~` Totals $1,546.32 $2,484.68 ....~~.._.~_... ~ _, ~ .._._.. $2,704.73 Totals This Year Assessed $144,910.00 _: This Year Exemption $0.00 .. This Year Taxable $144,910.00 Last Year Assessed $90,640.00 Report Discrepancy Copyright ©2007 Digital Data Technologies, Inc. Choose desired year: 2008 ,~±_ Last Year __ _ This Year Roil Back Coun ty ... $429.66 _:. _ _ __ $693.20 __ .. _ $751.68 Public Schools -State $422.11 $639.05 _. _ $700.21 Public Schools -Local $236.66 $340.54 _. $392.58 City Municipalities $271.17 $487.56 $537.04 St. John's River District : $37.69 $60.25 _. . $65.59 Indep. Special District $87.56 $162.36 $152.65 Voter Approved Debt Payment $36.77 $101.72 $62.00 Trim Data http://www.ircpa.orglData.aspx?ParcelID=31390600003001000005.0 2/12/2009 Indian River County, Florida Property Appraiser -Property Data Page 1 of 1 Data For Parcel 31390600003001000005.0 .........._ .... 'Base 'Land .Sales Sketch Improvements Permits Misc History Trim Sales Data Parcel: 31390600003001000005.0 _ _._ Owner: RICHARD S & SCOTT Site 1301 US HIGHWAY 1, SEBASTIAN, FL 32958 Address: _._-- ~-~ [+] Map this property. Sales Rec No Month/Year Price Sale Instrument Vac\Imp Grantor Last Name Book Page Code 004 ~ x....._._ 04/2005 _......_._.~ .__. $375,000.00 ` _.. WD -WARRANTY DEED I *CATALANO 01865 •00862 02 003 __ 09/2002 $200,000.00 _ _ ..__ WD -WARRANTY DEED I *PALUCH 01518 01904 02 002 ~ 02/1990 $160,000.00 WD -WARRANTY DEED I D J HOLDING CO INC 00856 02919 02 001 06/1988 $200,000.00 -NOT ASSIGNED I .00800 02571 02 Report Disc repancy opyright02007 Digital Data Teehnafagies, Inc. tY V http://www.ircpa.org/Data.aspx?ParcelID=31390600003001000005.0 2/12/2009 ~~~~~ Z~ 9 (off APPRAISAL IN A SUMMARY FORMAT OF 0.21 ACRE PARCEL 1301 HIGHWAY 1 SEBASTIAN, FLORIDA 32958 BOYLE & DR.AKF, INC. FILE# 15327 FOR MR. AL MINNER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 CLIENT REFERENCE NO. 1301 US HIGHWAY 1 AS OF FEBRUARY 6, 2009 BY BOYLE & DRAKE, INC. 3790 7~ TERRACE, SUITE 202 VERO BEACH, FL 32960 772-778-7577 PREPARED FEBRUARY 9, 2009 (~9 7a Boyle & Drake, Inc. Real Estate Appraisers and Consultants Stephen J. Boyle, MAI State Certified General Real Estate Appraiser RZ699 February 9, 2009 City of Sebastian Attn: Mr. Al Minner 1225 Main Street Sebastian, Fl. 32958 3790 7th Terrace, Suite 202, Vero Beach, FI 32960 Telephone: (772) 778-7577 Faa: (772) 778-7868 info@boyledrake.com Paul P. Drake, MAI, SRA State Certified General Real Estate Appraiser RZ27 Re: An Appraisal in a Summary Format of the 0.21 acre parcel, currently improved with a vacant building in shell condition, located at 1301 US Highway 1 in the city limits of Sebastian Florida. Dear Mr. Minner: In accordance with your request, we have made an investigation and analysis of the above referenced property. The purpose of this investigation and analysis was to estimate the Market Value of the Fee Simple Estate of the subject property, as of the date of inspection of February 6, 2009. - As a result of our investigation and analysis of the information obtained there from, as well as a general knowledge of real estate valuation procedures, it is our opinion that the Market Value of the Fee Simple Estate of the subject property as of February 6, 2009 was: (ONE HUNDRED NINETY THOUSAND DOLLARS) ($190,000) Hypothetical & Limiting Conditions: This appraisal is based on the hypothetical condition that the property has no environmental problems. However, since the property has been used as a restaurant and as an auto repair shop, we believe there is a strong potential for some areas of contamination. We strongly encourage an environmental study prior to purchase of this site. Additionally, we reserve the right to adjust our value conclusions if any environmental problems are discovered. This appraisal is based on the subject site having a site area of 8,930 square feet. This was based on an engineering plan prepared by MBV Engineering, Inc. The plan job number was 06-1035-sheet Cl as prepared in April 2006. We reserve the right to adjust our value conclusion should the site area be determined to be larger or smaller than the 8,930 square feet. (See additional comments in a later section of this report). 1 Boyle & Drake, Inc. Mr. Al Minner, City Manager City of Sebastian February 9, 2009 Page ii Our value conclusions for this report are based on development of the site as coirunercial use. Use of the Hypothetical and Limiting Conditions may have affected assignment results. This is a summary appraisal report, which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. It is our opinion that the following appraisal report was prepared in accordance with the letter of engagement and the Uniform Standards of Professional Appraisal Practice (USPAP) as approved by the Appraisal Standards Board of the Appraisal Foundation and FIRREA Title XI, 12 CFR Part 323 (FDIC) and 12 CFR Part 34 (RTC). Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. Your attention is directed to the limiting conditions and underlying assumptions upon which the value conclusions are contingent. An Executive Summary has been included for your convenience. It has been a pleasure to serve you in this matter. Respectfully submitted, Boyle & Drake, Inc. ~` ,~~ David C. Brown Florida State Certified General R.E. Appraiser RZ2547 Expires: 11/30/2010 Paul P. Drake, MAI, SRA Florida State Certified General Appraiser RZ27 Expiration Date 11/30/2010 ~~ Boyle & Drake, Inc. Executive Summary Property Name: 0.21 acre parcel AddresslLocation: 1301 Highway 1, Sebastian, Florida r,~,7s +~y • \\ t"~?* --rte~,X f -° w'i „~.',~-x~`~.j' fi ~` i ~' , _ ~ .,,~:.~ ~, ~47~~ `9-+, sm~~, a use ~~ --~1~ ,~ ~ III ~ `ti "`s~` ~ ~.~.` 1~ ., `. g`-` ~ C F iS, as1 _1 ~~ r~x1~1- -:gib ~ ~ ~_ Ii F~~ r ~~\;-4 ` ~ .ti ,~ S I ~ yBt~iGSbi %b~ `~/\ „e 1 ~ ~~1 L 4 ~ do \ ~ y:. ~~~~-TG~-- S2 E 1fI Td ~ ~ % ~ ~,~ +ry,3. ..n:~mM UIM FFr..~Hn['..... .nA/.. is n..Lrt.N.Mia~..wM {~Q&~ 1 ~ ... 1~~~ j ~r ~ /J. t _c. a i/~\ ~i Property Type/Use: 0.21 Acre land with improvement in shell space condition Site Area: 8,930 square feet/0.21 acres Census Tract: 508.01 Flood Zone: Shaded or unshaded X Map 1206100077 G Dated 6/30/99 Interest Appraised: Fee Simple Estate Purpose/Use: DeternLning market value for strategic planning VALUE INDICATIONS: Cost Approach: NA Sales Approach: $190,000 Income Approach: NA 111 ~3 Boyle & Drake, Inc. Estimated Value: $190,000 As of Date: February 6, 2009 Report Date: February 9, 2009 7V ~V Boyle & Drake, Inc. TABLE OF CONTENTS Pale No. ary ............................................................................................................ Executive Summ iii Table of Contents ................................................................................................................iv General Data .........................................................................................................................1 Legal Description .................................................................................................................. l Market Area Analysis ........................................................................................................ ..5 Current Market Conditions ................................................................................................. .. 8 Site Description .................................................................................................................. 11 Flood Zone/Census Tract .................................................................................................... 14 Ad Valorem Taxes .............................................................................................................. 15 Highest and Best Use .......................................................................................................... 15 Sales Comparison Approach .............................................................................................. 17 Market Analysis .................................................................................................................. 17 Discussion of Land Sa1es .................................................................................................... 20 Conclusion-Sales Comparison Approach .......................................................................... 23 Correlation and Summary .................................................................................................. 25 Marketability/Exposure/Marketing Time .......................................................................... 25 Assumptions and Limiting Conditions .............................................................................. 28 ADDENDA Subject Photos Land Sales/Maps Rents/Maps Indian River County Zoning Information Flood Map Letter of Engagement Qualifications: David C. Brown Paul P. Drake, MAI iv 75 ~~ Boyle & Drake, Inc. GENERAL DATA Legal Description: The legal description is shown on the Indian River County record as "P BS 4-74 lots 5 & 6 BLK 1, less HWY R/W as in R BK 8 PP 167, & also including all of lot 7 BLK1 W of R/W of new US HWY 1, also that por of the bnd alley in Blk 1 abutting lot 7 in BK 113 pp57 (OR BK 469 PP 801), & also including all of lot 8 BLK 1, less hwy R/W as in D BK 112 PP 331" Property History: The owner of record is Richard S. Scott and Marie L. Case. The most recent sale recorded on public records was recorded in April 2005. This reflected the sale of the property to the current owners. The purchase price was $375,000 or $42.00 per square foot per square foot of site area. There is an existing structure on the site, but it is not considered to contribute to value. The property is listed for sale with a sign on the property indicating Coldwell-Banker Realty lists the property for sale. Cheri Phillips, sales agent, advised the current asking price for the site is $699,000 or $78.28 per square foot of site area. The listing price, according to our analysis, is extremely above market value. An unsigned lease agreement in the city of Sebastian files calls for the property to be leased for $2,000 per month with the Lessee being responsible for the renovation of the existing structure to bring the property into compliance with current code. The lessee is shown as B4B Publishing, LLC. We were advised that the above lease was never executed. Prior to 2008 this property was comprised of four Indian River County parcel identification numbers. (31-39-06-00003-0010-0000(5.0, 7.0, 7.1, & 8.0) In 2008 Indian River County combined the above four numbers into one number 31-39-06-00003-0010- 0000. However, county records show the combined lots to have a site area of 8,276 square feet. Purpose of the Appraisal: To estimate the market value of the subject property for management planning. Intended Use of Report (Function of Appraisal): This report has been prepared for the exclusive use of the City of Sebastian per our letter of engagement. Function of the Appraisal: For use in determining market value for management planning. Scope of Work: The appraisal problem to be solved is the credible determination of market value for Market Value of the site as of February 6, 2009. The subject is considered to be a vacant US Highway 1 parcel that is improved with a structure that does not comply with current code and is not "grandfathered'. The roof is in poor ~.~/ 1 1 Boyle & Drake, Inc. condition; the electrical system does not meet code and must be completely redone ,and the building has been posted as unusable by the city building inspector. Therefore, the only contributory value the improvement could have is as shell walls and this assumption is questionable. Therefore, the site was considered vacant (See hypothetical Condition) commerciaUresidential use land with no unusual features. The three valuation approaches are the Cost Approach, Sales Comparison Approach and Income Approach. In the case of this appraisal the only applicable approach required to produce a credible appraisal is the Sales Comparison Approach since the subject is considered vacant land. However, we also provide an amount of contributory vale for the improvements. Paul Drake and David Brown last inspected the subject property on February 6, 2009. The subject's site area, reported herein, was based on public records as well as site plans. The applicable data for the approaches utilized in this appraisal report was generated from local real estate brokers, investors (local and nationally), owners, managers, and from an inspection of the neighborhood. All of the market data was confirmed with buyers, sellers, or other real estate professionals who were involved with or had knowledge of the transaction information. Site information such as zoning, utilities, et cetera, was based upon discussions with representatives of municipal government(s) who have jurisdiction over the subject property. A study of the subject neighborhood was conducted with regard to access, land uses, and trends, demographics, and market demand factors for the property type appraised. Once all the data was gathered, the subject property was analyzed with regard to its Highest and Best Use as vacant under the assumption that the site can be developed (Property size and shape makes this difficult, if not impossible) for most applications The scope of the search included a search of MLS records, data published by Indian River County on-line computer service, ISC, TRW, as well as our company database. The source of comparative rents was local real estate brokers, property managers, and other appraisers. Report Option: This is a summary appraisal report, which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it presents sufficient information to enable the client and other intended users, as identified, to understand it properly. ~~ Boyle & Drake, Inc. Extraordinary Assumptions: No extraordinary assumptions were noted. Hypothetical & Limiting Conditions: This appraisal is based on the hypothetical condition that the property has no environmental problems. However, since the property has been used as a restaurant and as an auto repair shop, we believe there is a strong potential for some areas of contamination. We strongly encourage an environmental study prior to purchase of this site. Additionally, we reserve the right to adjust our value conclusions if any environmental problems are discovered. This appraisal is based on the subject site having a site area of 8,930 square feet. This was based on an engineering plan prepared by MBV Engineering, Inc. The plan job number was 06-1035-sheet C1 as prepared in April 2006. Indian River County records indicate the site size is 8,276 square feet, or 654 square feet (7%) less than the size we used. We reserve the right to adjust our value conclusion should the site area be determined to be larger or smaller than the 5,930 square feet. MARKET VALUE DEFINITION: Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act's (FIRREA) instructions to the Office of Thrift Supervision uses the definition of Market Value below as developed by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and adopted by the Appraisal Foundation's Uniform Standards of Professional Appraisal Practice. Market Value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this defimition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and each acting in what he considers his own best interest; c. a reasonable time is allowed for exposure in the open market; d. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and ~q Boyle & Drake, Inc. e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Property Rights Appraised: Fee Simple Estate As of Date of Appraisal: February 6, 2009 Date Report Prepared: February 9, 2009 ~o Boyle & Drake, Inc. 1VIAIZKF T AREA ANALYSIS The following discussion and analysis is a brief overview of pertinent neighborhood factors that prevailed as of the "as-of' date of this report. Full details are contained within company files. The Subject market is defined to be: North: North Indian River County line South: Wabasso East: Indian River (Intracoastal Waterway) West: I-95 .,~A ,~ y= ;. '~ <;, ". ~`~ -- ~ { ti `~ r,`,a' ~ r ~~ ` ~t ~ ~ a \\ .., g ~,_ :: ~e ~~ ~i.sd~.onc u'_u_ .~;~` ~ ; 4 v~~~~ ~~ G ,;~ ;~ ~ \ ~ •. ~ ~~, ,~~, ~\\ ~ ; ~~ ~.\ ~ x'.11 ~a ~ y\ ~1?tt RmeN. ~ .e > ~ ~ d~ ` ~ ~'- ~ _ ~ ) ~~s i3oi us radra i ~,tt\ ~t S~\stlai fl. 358 ~ s ~ ' ', ,l \ ~ w ..~ ,, ~~ , 1 ~~ ~' ~ .:. ~~- 5 ,~ ~; I ~.. ~.~, x~.•: ~ "' ;~~ t -.,~ xm..r a t ~ ~'` ~~ ~ t The major focus of the above-defined neighborhood is the Sebastian U.S. Highway 1 and CR512 commercial corridors where the subject property is located. The majority of the most recent commercial development in the Sebastian area has taken place on U.S. Highway 1 north of Fellsmere Road and along CR512 from US 1 to CR510. Noted is the fact that there has been relatively weak demand for the many vacant commercial sites south of Fellsmere~ Road (CR512). A City sponsored riverfront revitalization project is underway along Indian River Drive. Major property uses in the Roseland neighborhood include Riverwalk Shopping Center, the Wal-Mart Superstore (162,824 square feet) which is adjacent to the south of the subject, the Home Depot store and the 133 bed Sebastian River Medical Center. The balance of the retail and office developments are much smaller than the above four businesses. ~/ I s jj Boyle & Drake, Inc. Uses in close proximity to US 1 include retail, office, restaurants, marinas, bed & breakfasts, time-share resorts, motels and residential projects. This defined neighborhood is approximately 65% developed. The uses east of U.S. Highway 1 between Fellsmere Road (CR512) and Jackson Street are waterfront oriented residential and tourist commercial uses. Recently the City of Sebastian revised their master land use plan from the area east of the railroad tracks (west side of U.S. Highway 1) to the river. The purpose of the revision is to provide for waterfront development which the former plan did not adequately consider. The uses in the subject property neighborhood are projects designed to support the rapidly growing nearby residential areas. The neighborhood has a Wal-Mart, Home Depot, Publix and a Walgreen Pharmacy and a number of small retail strip centers including: A. Roseland Plaza B. Riverwalk Center C. SeaCrest Plaza D. Century Plaza E. Washington Plaza In addition, located along CR512 are the Chessar Gap Shopping Center and the 512 Commerce Center which has a combination of office, warehouse and storage spaces for lease. (This is the largest commercial development in the 512 corridor.) Other uses in this area include the new Sebastian Gym and Health Club, an animal hospital and several new medical office buildings and restaurants. Access Major access roads into the neighborhood include U.S. Highway 1, County Road 512 (Fellsmere Road), and County Road 510 (Wabasso Road). The closest Interstate 95 interchange is located approximately eight miles to the west on County Road 512. The Indian River County 2008 Traffic Engineering Report shows the traffic count for US 1 between CR 512 and Jackson Street in Sebastian was 23,552. S~ 6 Boyle & Drake, Inc. Growth The 2006 population of Indian River County according to the US Census report for 2008 was 130,100 with the year 2010 population projection of 135,800. The 1990 population census of Sebastian/Roseland area was 10,248, approximately 11% of the total county population. The 2000 Sebastian Census showed the population had increased to 16,181 or an additional 58%. The 2007 Sebastian population was 20,339. The Sebastian/Roseland area is projected to have continued growth into the 21st century with a projected population of 27,675 people in 2010. One of the major impetuses to attracting growth has been an abundance of affordable housing in the Sebastian Highlands area. The 2007 average sales price for a single family home in the Sebastian area (Area 51), per the Realtors Association of Indian River County, was $186,877, whereas the countywide average was $281,202. The average for Sebastian 2008 declined to $164,134. The prospect far continued future growth in the Sebastian area appears good as of the date of this appraisal report. Statistics published by the Sebastian Building Department indicates that there are a total of 12,669 single-family lots in Sebastian Highlands with approximately 8,000 lots improved with residences indicating a build-out of approximately 65%. There is a large supply of vacant single-family lots priced approximately $15,000 to over $50,000. General Commercial Growth As stated, the major neighborhood commercial uses are Riverwalk Shopping Center with a new Home Depot store, the Wal-Mart Superstore and the 133 bed Sebastian River Medical Center. The most recent new construction was several new medical buildings along the west side of US 1 north and south of the hospital. A Publix grocery store and Walgreen Pharmacy were opened at the intersection of Barber Street and US 1. An Eckerd's Pharmacy in Roseland at the intersection of Roseland Road and US Highway was sold to CVS. The store was then closed as they already had a CVS store across the street. Growth along the U.S. Highway 1 comdor in Sebastian has been slow over the past ten years, but is now in a period of significant growth. The growing residential areas to the west are tending. to provide spin-off for. continued growth in .the future. It is noted the majority of new commercial growth is occurring on the Fellsmere Road corridor as this road more directly serves Sebastian Highlands. However, there is renewed interest along US 1 with projects such as the new Home Depot store, the Best Western hotel, the under construction Sebastian Medical Suites (adjacent to Wal-Mart), and the upgrading of Hurricane Harbor and Captain Hiram's restaurants. 7 83 Boyle & Drake, Inc. River Front District The City of Sebastian recently passed Ordinance No. 0-98-06 creating the Riverfront District. By defuution this area is that portion of the City of Sebastian located east of the Florida East Coast Railroad to and including the Indian River, north to the city limits and south to the city limits of Sebastian. This area includes portions of U.S. Highway 1 corridor, downtown and riverfront areas. As in many south Florida communities the old downtown areas are in need of revitalization. The current appearance of the area is somewhat quaint but shabby with a mixture of mostly old with some new modern buildings. The intent of the Riverfront District is to provide for future growth in keeping with "Old Florida Fishing Village" setting. A prominent feature of the area is the Indian River lagoon bordering the East End of the district. Indian River Drive runs north to south between the Indian River and U.S. Highway 1. The area is developed with mostly older waterfront marina uses, restaurants and residential and lodging uses. As part of the initial implementation of the plan the city has developed public improvements consisting of new sidewalks and improvements in infrastructure. Current Market Conditions As of the date of this report, it is well established that the Treasure Coast area (Martin, St. Lucie County and Indian River County) as well as the state of Florida and the United States is in a serious recession. This situation started in mid 2005 when the housing boom ended. The frantic building and buying of homes came to an abrupt stop resulting in an oversupply of homes and vacant lots. As we enter 2009 there is still a large oversupply of unsold homes and vacant lots. The slowdown in economic activity has now impacted the general commercial market as discussed in the following text. Please note that it was beyond the scope of this report to discuss all market types. Housing Market: Housing prices have declined approximately 25% to 35% in the Treasure Coast area (Martin, St. Lucie County and Indian River County). This statistic does not include bank foreclosures. Banks are selling off foreclosed homes at approximately 50% of the peak market prices in 2005. Residential Land: suitable for residential development has been the most severely impacted with losses at approximately 50% from peak market prices. Commercial Land: Buying activity for commercial land slowed after January 2006. The only sales to the present were for a specific use vs. speculative buying. The market ~~ appeared to hold up until approximately the beginning of 2008. It is now evident that 8 Boyle & Drake, Inc. commercial land prices are declining. For instance there is a current contract to buy an old branch bank facility (that will be torn down) located at 1780 U. S. Highway 1 in Vero Beach. The price paid is $14.00 per square foot. The typical price paid for commercial land in that location was approxunately $20-$22 per square foot indicating a decline of approximately 30%. Industrial Property: As part of the housing boom developers rushed to build flex industrial projects for sale or rent to contractors and other businesses catering to the home market. Target prices for flex space was in the $160 to $180 or higher ranges. The few sales that we have seen are in the $90 to $110 per square foot range. Rents have declined from approximately $10 to $12 per square foot to $4.50 to $6.00 per square foot. Most projects have vacancies of 25% to over 50%. Office Property: Demand for office space has decreased significantly since approximately mid 2006. Stabilized vacancies have dropped from near 100% to 70% to 85%. New projects that were completed at the end of 2005 into 2006 remain largely vacant. The norm for a Class B office rent was approximately $16.00 per square foot plus pass-through expenses of approximately $6.00 per square foot for a gross rent to the tenant of approximately $22.00 per square foot. As can be expected rents are declining. Retail Property: Retail property was the last property type to be negatively impacted. We are now seeing an increase of vacancies as businesses fail. Landlords now realize that the main objective (same for office properties) is to retain existing tenants. Most landlords that I have interviewed report that it is very difficult to enforce rent escalator clauses in existing leases. As a lease expires most tenants want to renew on lower rates. Given the poor retail sales over the past holiday season, we anticipate that there will be many stores going out of business at the start of the summer season. Restaurant Properties: restaurant sales have been in decline since 2006. Owners and operators that I have interviewed report a decline in sales of 20% to upwards of 40%. As a result many restaurants have gone out of business. Fast food restaurants are seeing stable to slight increases in sales volume and have not been negatively impacted. The current market does not bode well for most real estate investments. The limited evidence indicates a decline in most property types of at least 20% to 30%. 9 85 Boyle & Drake, Inc. 8~ Summary of Major Neighborhood Factors:NeighborhoodRabngs Good Average Fair Poor Access ® ^ ^ ^ Appearance ^ ® ^ ^ Protection from Crime ^ ® ^ ^ Availability of Shopping ^ ® ^ ^ Access to Schools ^ ® ^ ^ Employment Opportunities ^ ~ ^ ^ Economic Base ^ ® ^ ^ Occupant Skill Levels ^ ® ^ ^ Availability of Commercial Services ^ ® ^ ^ Tax Burden for services provided ^ ® ^ ^ Protection from Detrimental Conditions ^ ® ^ ^ Marketability ^ ® ® ^ Neighborhood econorr~ic consideratior~s are summarized below: Neighborhood Growth & Value Changes Increasing Stable- Declining Population ® ® ^ Property Values ^ ^ Rents ^ Vacancies ® ® ^ Changes in Property Use ^ ® ^ Conclusion Market value analysis can best be summarized by referring to neighborhood life cycles. Neighborhoods are perceived to go through four cycles, the first being growth, the second being stability, the third decline, and the fourth revitalization. It is our opinion that the subject neighborhood is experiencing a period of stabilization to decline due to the current recession. It is difficult to estimate the duration of the current recession. We are seeing estimates for a turn-around in early 2010 to several years into the future. The current market does not bode well for most real estate investments. The limited evidence indicates a decline in most property types of at least 20% to 30%. The long term outlook for the local area remains favorable as we should see a return to population growth and demand for real estate. 10 Boyle & Drake, Inc. SITE DESCRIPTION Access Rating Good Front Feet 168 ea/S ware Feet-Total 8,930 Area/Acres 0.21 Shape Rectangular Topography/Soil Type At grade, sandy Adverse Easements None observed Encroachments None Noted Zoning CR- Commercial Riverfront Land Use RMU-Residential Mixed Use Minimum Lot Size 10,000 Feet Maximum Building Coverage 60% Minimum O en S ace 20% Maximum Hei ht 35 Feet Minimum Lot Width 75 Feet Setback-Front 6 Feet Setback-Sides 5 Feet Setback Rear 10 Feet The lot size, set backs, and minimum lot depth make the subject property developable according to current code. However, the number of uses is limited to uses that require minimum parking. Readers of this report are reminded to be aware of the potential site size variance discussed earlier in this report. The subject site has good access from US Highway 1, but it is not direct access. Access is from North Central Street on the west side of the street. The subject property is located within the Sebastian city limits in an area that is primarily commercial uses. The subject is located within close proximity to motels, restaurants, professional offices, the city office complex and the city boat launch. It is part of the Commercial Riverfront zoning district that has the intention of preserving the existing character of the riverfront and immediately surrounding area in Sebastian. U S Highway 1 is a heavily traveled north/south highway. The property does not comply with the minimum lot size of 10,000 square feet. It additionally does not comply with the minimum lot width of 75 feet. Therefore, any development plan would require special permits. Our interview with the Sebastian Growth Management Department confirmed they would entertain a development plan for a small building and minimum parking. g'~ 11 Boyle & Drake, Inc. The site has a well and septic tank. The proposed use of the property would determine if the development would require connections to public services. Building Description: After review, we placed only contributory value on the current improvements, but the following information is provided to assist our client in understanding our reasoning. According to the plan prepared by Mosby & Associates and included in the public records of the City of Sebastian, the subject property is improved with a 1,560 square foot building. According to Indian River County records the building was constructed in 1957. The construction is CBS with a stucco finish and a shingled, gable roof system. Interviews with city officials, review of city building department files and interviews with long time residents of the area reveal some of the concerns about the subject improvements: • The property does not meet min?m~..Lm lot size of 10,000 square feet, minimum width, and other features of Sebastian development code • The property does not comply to current drainage code • The rest room is not handicap accessible • The building has two floor levels and does not comply with code • The hallway is too narrow to be handicap accessible • The front door does not comply with current code • The electrical system does not comply to current code • The roof is deteriorated and must be replaced. • There may be a requirement to connect to public water and sewer services • There may be an old grease trap tank that was not removed when there was a restaurant on the site. Also, there was an auto repair shop and there may be site contamination. • Building may not comply with current setback provisions of the code and it is not grandfathered. • The design of the building is very basic construction. • The property is not landscaped to current code requirements • The current parking regulations will have to be addressed depending on what use would be considered • The property is no longer "grandfathered" under Sebastian Code Section 8 Article 4. According to that section the current improvements may be removed and replaced with a structure with up to 1,560 square feet of gross building area, as long as the parking requirements for the use are met. The grandfather rule has now expired. Since the property has public streets on all sides, the City may approve use of the right of way for drainage and landscaping. 88 ., rouwvxuaatt w un me 531vIDOSSV ~a avzmviiin savage"viow.- SdWH2i1 '-O'^ ~~ BLLL/ vJ `JNIy33N1`,}N3 ONlll(15NOJ Nt/~d 311S / ` ° no.-"•8so a~ ~~NI ''JNIc133N1`J N3,~~ 3ldOHS U ho _+. 9 Z uJ - Q S7 W 3&~~~; ~ ~Cox~~; ~•o b .a ee<o ~ a" ° pia a eg °# 83 a1p-aAk ?aa?RdipRkQ •• ~a ~ ~ q 3 ;-^ a 9 $9 RA~•RYY RYRSY,°«~R~Y Y4 py s' 'g k X ~. ~.. S~` O . 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'' ~ ,`~' u ..~ q~ 3+~E / ~°~ °3,/ £ ~iiR f~4l4v. pg ~8~ ~n~~~o-°jay `o Po K ~ O 4R 4 ~ ~ ~ ~ ~ : , F / Ui Z _ S ti *~ i ~ ~/ / 3 ~~ 3 ~Q / 1 ~ ~ `"~~~ F,_ ., H~ Z y.~ ~I~ * ~~dE~ , Q ~~ a 9.I ?£$ ~~ ~~ ~~ ~~ ~y ~~ -a ~. ~~ ~~~ ~3x Y ~@~€ ~~_€~ ~ s ~®~©° m n g~~~~~ b ~ x C Y 8~~ a Z w °~Q ~ +° 8q y Boyle & Drake, Inc. Flood Zone/Census Tract: The subject property is located in Census Tract 508.01 of Indian River County. Flood Zone Classification Shaded or unshaded X Map Panel Number 1206100077 G Ma Date 6/30/99 Our analysis indicates the subject is located in Flood Zone Unshaded X. Unshaded X is defined by FEMA as "areas determined to be outside 500-year flood plain". Flood Zone Shaded X is defined by FEMA as "areas of 500-year flood: areas of 100-yeaar flood with average depths of less than one-foot or with drainage areas less than one square mile; and areas protected by levees from 100 year flood". Utilities: Utilities to the site include electricity and telephone. Central water and sewer services are available, but are not abutting the site. Off Site Improvements/Concurrency: Discussion with city officials indicates off site improvements are not needed for future use of the subject property, with the limitations discussed earlier in this report. Adequate traffic capacity and public infrastructure exists thus the subject site can be developed as of the date of this report. External Obsolescence: Rating Criterion: Yes No Adverse Abutting Uses ^ Adverse Economy ® ^ External Obsolescence: ® ^ The Treasure Coast area (Martin, St. Lucie County and Indian River County) as well as Florida and the United States is in a serious recession recognized as starting in 2007 due to the collapse of the housing market resulting in bank collapses in the US and Europe, causing the amount of available credit to be sharply curtailed. This situation is termed temporary external obsolescence as most experts believe that economic conditions will improve. The duration of the recession is difficult to estimate. Many experts are not forecasting a recovery until late 2009 or perhaps 2010. Until then we can expect lower than typical market demand for the subject property type. Environmental Considerations The appraisers have not been provided with an environmental audit of the subject site. We are not qualified by training or experience to conduct an environmental inspection of ~~ 14 Boyle & Drake, Inc. the subject property. We have not observed any unusual topographical features on the property. We do mention again that the property had prior uses as a restaurant and automobile shop. Therefore, there may be a grease trap and other environmental problems associated with the site. Remarks: The subject site is much smaller of the Sebastian area and is suitable for development to its highest and best use based on the hypothetical conditions previously discussed. Ad Valorem Taxes: The following illustrates the current assessed values for the subject property attributable to the land and improvements. Tax ID No: 31-39-06-00003-0010-00005.0 Year Assessed Value Assessed Value Total Assessed Land Improvements/Misc Value 2008 $94,350 $49,860 $144,210 The above assessed land value is based on $10.57 per square foot. Real estate taxes with landfill and drainage fees (before discount for early payment) are $2,595 that results in a tax rate of $17.9946 per $1,000 of assessed value. It is our opinion that the subject properly was not over assessed. Highest and Best Use Definition: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability. [Appraisal Institute, Dictionary of Real Estate Appraisal 4th. ed. [Chicago: Appraisal Institute, 2002], 135.] Highest And Best Use As Though Vacant The zoning of (CR -Commercial Riverfront District) and land use of RMU-Residential Mixed Use permit residential and commercial use of the subject site. The most likely maximum physical use of the site; based on the property size constraints, is a Floor Area Ratio (FAR) of up to approximately 20% to 30%, although the maximum is 40%. The site location makes the site desirable for some uses, such as an attorney's office or real estate office. 15 q~ Boyle & Drake, Inc. The Commercial zoning of the subject site is intended to provide areas for the development of various levels of commercial development. At first glance the property would be ideal for development of a small niche retail store(s), professional, or medical office(s). Therefore, the Highest and Best Use of the site as vacant, and based on the information we have, is for development of a small niche retail store or professional offices of the maximum size allowed by code. If we use an FAR of 20%, the building would have 1,786 square feet. The type of uses will determine the building size and parking space requirement. Highest and Best Use as Improved It is our opinion that the basic shell structure contributes to property value by virtue of the fact that development costs will be less than as a vacant site. We are of the opinion that there will be some grandfathering allowed which will reduce the costs such as water retention, landscaping and parking lot design. Given the small property size there are very few options for future development as vacant, thus the existing base structure should be retained for future redevelopment at such time as the economy improves. Q~ 16 Boyle & Drake, Inc. SALES COMPARISON APPROACH The scope of the Sales Comparison Approach included a search for the sale of similar high quality, commercially zoned properties in Indian River County. Our analysis indicated that there were very few sales of this size and quality of vacant land with commercial zoning on US Highwayl in Sebastian or along CR512. Therefore, we researched sales in other parts of Indian River County including US Highway 1 in Vero Beach, CR510 and SR60. After review we selected five (5) land sales of which three (3) are located in Sebastian and two (2) are located along the SR60 corridor in Vero Beach On the following pages is a discussion of vacant land sales utilized in this report. Details of each of the sales are contained in the Addenda of this report along with location maps. Market Analysis The sales have been analyzed in terms of cash equivalency, arms length sales, market conditions, location, site size, zoning, and utilities/other. Market Conditions: The sales took place from October 2007 to December 2008. In 2005 prices for real estate stopped increasing and in 2006 most types of real estate prices began to drop and have continued to fall since then. The declines have been in excess of 20% per year for some types and as little as 5% per year in other areas for various types of real estate. We have concluded that prices increased through 2004, but from 2005 to current prices have been level or falling gradually for the commercial property used in this analysis. Based on limited data we have concluded with a negative adjustment of -3% per year for sales that closed in 2007 and early 2008 (Sales 1, 2 & 3) with no adjustment for sales closed well into 2008. Conditions of Sale: All sales were verified to be arm's length thus no adjustment for condition of sale. Corner and Size Adjustments: Adjustments for corner influence and size differences were based on multi-regression analysis of 35 land sales in our database. Corner sites were estimated to have a 15% premium. All sales were small parcels that ranged from 15,930 square feet to 60,984 square feet. The subject parcel has 8,930 square feet. A small adjustment of $0.02 per each 10,000 square feet was made for differences in site size based on a regression analysis. Adjustments for basic features such as location, topography, shape, availability. of utilities, et cetera is difficult to quantify. These factors were based on a relatively straightforward rating analysis of equal to, superior to, or inferior to, the subject property. The sum total of the rankings is computed to be overall similar to, superior to, or inferior 17 Q3 Boyle & Drake, Inc. to the subject and thus is ranked based on these criteria. From this basis, the subjective sales price of the subject property can be estimated. This process provides for a logical method of estimating- the value of the Subject site by bracketing the values based on overall ratings. Location: These ratings took into consideration commercial exposure, access, availability of utilities and proximity to development. Sales #1 was located on CR512 west of the city limits of Sebastian. This location is in a growing area where a new shopping center with Publix as the anchor store is located. It is near two schools and the I-95 Interchange. Sale #2 was located on US Highway 1 north of the subject property. It is across the street from the Super Wal-Mart and is near the new Home Depot store and the Sebastian River Medical Center. Sale 3 is located along Sebastian Boulevard (CR512) within the city limits of Sebastian. This location is in a significant commercial area of Sebastian that serves the Sebastian Highlands residential community. Sale #4 was located on 20th & 21St Street (SR60) in Vero Beach, which is the major east/west corridor that connects US Highway 1 and I-95. This is a good commercial location because of the traffic volume and exposure. Sale #5 is located near Sale 4 along SR60. The subject property is located with streets on three sides and there is a traffic light. Also, it is located near the city boat ramp, the city administration building and several motels and time share resorts. However, some of its superior features are offset by the site size and shape. After review of the above locations, we determined they are all good commercial sites that serve different markets. We did not have support for numeric location adjustments and none were made Zoning: The zoning designations varied by whether or not they are located within the city linuts of Vero Beach or Sebastian and their location within the city. However, they are all zoned for commercial uses and no adjustments were required. Topography: All sales were rated similar in terms of topography. The following discussion is based on a price per square foot basis, which is considered the most applicable unit of comparison by most market participants for this type of property. Following is a brief discussion of each sale. A Summary of Commercial Land Sales Chart is included on the following page. q~ ,R N ti ti c~ Y L m N _~ C J ~~ 0 N ~ N i 64 I (O ' ~; LL N ..+ C O lL 0 ~~-' N m ~ U ~ Q N d O O O O 4f O V 'a. 69 a m U3 I I~ 69 I I V3 I 169 I fPr ~ lO I~I I~I ~ IM ~' I"I INI I~ O ~ O_ U ~ LL (p p O O O p ~ M ~ N fA b9 fA EA ~ ~; E 3 rn ~ ~ ~ 8 ~ > m r L ~ ¢ ~ C (6 C f6 O c N U f6 ~ Q ~ ~ m ~ y Q m O U U ~ ~ ~ w m ° o ~ 3 ~ ~ 0 O N ~ ~ O .n c N ~ CQ ca ° °O ~ o ~ ~ ~ c Q a~- O in ~ ~a° ~ ~ m ~ c ~ ~ ~ ~ o a - O N N~~ y~ a i OQ ~ f6 > ` U W N i vyL~U ~ O N (nc~ O~ o.n ~ m o ~m W'~ o t c J U c mL... W_ w. (n r~ (A ~ m E-- m C O V a J O' Z d t9 a c R J Ir'I INI IMI Ivl Ian q5 Boyle & Drake, Inc. Discussion of Land Sales Sale 1: This commercial lot sale is located on the northwest corner of CR 512 and Sebastian Crossing Boulevard in western Sebastian area. At time of sale, the land was cleared with infrastructure in place including utilities, storm drainage. A Riverside Bank facility was constructed on this site. This sale was rated as Similar regarding location for an overall Similar rating. The adjusted sale price was $16.65 per square foot. Sale 2: This parcel is located at 12950 U S 1 on the east side of US Highway 1 in the Roseland section north of Sebastian. The property is on the south side of SeaCrest Plaza and across from the Wal-Mart store. The site has a 4,000 square foot building that is considered an interim use. VVe applied $25 per square foot for the value of the improvements. The asking price in MLS indicates $995,000, but the actual price is $795,000. If we deduct the $100,000 for the improvements, we arrive at a value of $695,000 ($15.20 per square foot) for the land. The property was purchased in June 2004 for $495, 000. This sale was rated Similar regarding location for an overall rating of Similar. The sale price was $16.50 per square foot. Sale 3: This sale is located on the southwest corner of State Road 60 and 38th Avenue in Vero Beach. The buyer also owns Perkins Medical Supply to the west. The property was listed for $399,000 in March 2007. It sold for $335,000 or approximately 16% less than the listed price. Exposure time was 12 months. This sale was rated as Similar regarding location. All other physical characteristic were rated similar for an overall rating of Similar. The sale price indicated value per square foot was approximately $18.62. Sale 4: This commercially zoned vacant lot is located on the south east corner of S. Wimbrow Drive and Sebastian Boulevard in Sebastian. This sale was rated as Similar regarding location for an overall rating of Similar. The indicated value per square foot was approximately $16.54. Sale 5: This sale is located on the southeast corner of 20th Street (State Road 60) and 32nd Avenue in Vero Beach. The site at time of purchase was improved with an old single family home that has no value contribution. Total exposure time was 21 months. 20 Boyle & Drake, Inc. The listed price started at $350,000 and was gradually reduced to $275,000. The sale price was $250,000 indicating a reduction of 9% off the final list price. This sale was rated as Similar regarding location for an overall rating of Similar. After adjustments the indicated value per square foot was approximately $15.71. On the following page is a Sales Analysis Chart. 21 a~ Boyle & Drake, Inc. 98 ~~~ - ~ - =x =~ ~ ~ ~ ~ H I -~~ Z~ _ _ ~ 3 3 w %n H in n ' _ _ K ~ ' E ~f ~nU j ~ N ~ w ~ vi y y ! ~ 3 rn .n rn m E a° ~~ s H ., ~y R} Z g Y g T g} M Y I h tl a C < L ~~ y ~ .~ ..: o _, o ., c ~ z L n ~ ~9 ~ ] o ~ o o U a .y ~' ee ~ "+ 8 °° = 80 « « « ., w _ » -~„ G d: ~o e 3 w ~v3 M « « N « ~ _ -»» a~ C ~ U U U ~ § ~ ~ ~ ~ Q U ~~~y~ E _ ~ $P 8e _ ~ ~_ = m ~' ° 8 ~ 8 ~ < ~ o i " 3 ~ y~ d ~ l c ~ ? p~~`eX r 4 r~ a ' ~ O c° ~ ~ b 03 3 < g ~ o'Uo`G `~ ~ g ~ S y s E s - gg~ yl Q $ ~ ~ v ~ - u .0 - < =g _ - 3 5 3 ~ m [= x = 3 ` E c o~ c o q 'ra s _ m~ Ne ~~ ce '-~ ~~ ~.x y r> °,x 22 °`° `~ _ H ~ _~ yj oa ,~3 U° u° Re P.Nr Mn~ re , Viz' ray~N I~yv~' z <a«- Boyle & Drake, Inc. Conclusion-Sales Comparison Approach There have very few sales of vacant commercial sites in Indian River County over the last several years. The reasons for lack of sales include the slowdown of the economy and the availability of improved sites, and of improved sites to meet the buyer's needs. The sales we selected were, in our opinion, the best available comparables. The above-discussed sales were ranked according to the total ranking analysis as contained on the chart on the prior page. All sales were considered to be Similar to the subject. The adjusted mean for the five sales was $16.80 per square foot. After consideration, we placed most of the weight on the three Sebastian sales (#l, #2 & #4). These three sales had adjusted values per square foot of $16.65, $16.50 and $16.54 and a mean of $16.56 per square foot. We concluded at $17.00 per square foot for the subject site "as-vacant". An additional adjustment was made for the contributory value of the improvements. Below is a summary of the value calculations as discussed: Unit Values X Site Area = Indicated Value $17.00 8,930 $151,810 Improvements Even though we project the highest and best use of the subject property to be removal of the existing improvements, these improvements have some value as an interim use. Contributory value of the improvements was $25.00 per square foot of gross building area. The gross building area was 1,560square feet. Therefore, the estimated value of the improvements was: GBA X UNIT VALUE = PROPERTY VALUE ROUNDED 1,560 $25.00 $39,000 $39,000 Land & Improvements The value conclusion for the land and the contributory value of the improvements was $151,000 (Rounded down), plus $39,000, which equals $190,000. Reconciliation The best indication of market value is the approach(s) that most closely represents the reactions of the market place. Analysis of the motivations of purchasers of commercial C.~ 23 I Boyle & Drake, Inc. land like the subject strongly indicates that most purchases are based on the Sales Comparison Approach to value. For this reason, only the Sales Comparison Approach to value was applied. As stated earlier there was an unsigned lease included in the county file. The lease rate was $2,000 per month for the site in "as-is" condition. The annual income would be $24,000. We then applied a 5% discount to account for vacancy and collection losses. The effective income was $24,000 less 5% equals an effective income of $22,800. The expenses would be real estate taxes, accounting, and management (includes liability insurance). The total expenses totaled $4,755 and the Net Income was $18,045. We then applied a 9% capitalization rate to arrive at a value estimate of $200,800, which we rounded to $200,000. The flowing chart shows our calculations: Income $24,000 Less Vacancy & Collection-5% -$1,200 Effective Income $22,800 Ezpenses: Real Estate tax $2,595 Management-4% $960 Accounting $1,200 Total Expense $4,755 Net Income $18,045 9% Cap Rate $200 500 Rounded Value $200,000 This value is the higher than our Sales Comparison Approach conclusion, but the lease was not signed and there may have been further lease vacant land negotiations, plus the market has softened since the lease was negotiated. We used a nine (9%) capitalization rate to indicate current market conditions for vacant land (non income producing assets). There was lack of support for this analysis and as stated earlier the typical buyer places full weight on the Sales Comparison Approach. Therefore, we placed full weight on the Sales Comparison Approach, but the above analysis did show support for the reasonableness of our value conclusion. Our Sales Comparison Approach conclusion of Market Value of the subject property in as-is condition is $190,000 /Do 24 Boyle & Drake, Inc. CORRELATION AND SUMMARY The value indications of the Fee Simple Estate of the Subject Property by the applicable approaches to value in the Subject's current "as is" condition as of the date of this appraisal are as follows: Cost Approach NA Sales Comparison Approach $190,000 Income Capitalization Approach NA Only the Sales Comparison Approach was used. Therefore, our fmal value conclusion is $190,000. Marketability/Egposure/Marketing Time: The overall marketability of the subject property is rated as average due to the good location, but the inferior site size and shape. Additionally, demand for vacant commercial property is very low. There was only one sale of commercially zoned property in Indian River County recorded during the month of January 2009. The other problem is the property is listed at a price of $699,000 that, based on our appraisal, is well over market value and this may deter potential buyers from even considering the site. The subject property should appeal to a limited number of buyers for either a niche retail or professional office use. Marketing time is typically referred to as the length of time to sell a property subsequent to the appraisal date. Exposure time occurs prior to the appraisal date. Based upon the marketing history of the sales analyzed in this report and within our files, we estimate the marketing time and exposure time are similar or approximately one year. 25 col Boyle & Drake, Inc. CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, conclusions and recommendations. 3. We have no present or prospective interest in the property that is the subject of this report; and we have no personal interest with respect to the parties involved. 4. We have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion (estimate), the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. Paul P. Drake and David C. Brown made a personal inspection of the subject property and no other person provided significant real property appraisal assistance in the preparation of this report. 8. The analyses, opinions, and conclusion were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 9. The use of this report is subject to the requirements of the State of Florida relating to review by the Department of Professional Regulation, Real Estate Appraisal Board, and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. ~ pa z6 Boyle & Drake, Inc. 10. As of the date of this report, we have completed the requirements of the continuing education program of the State of Florida and The Appraisal Institute. 11. It is our opinion that the Market Value of the Fee Simple Estate of the subject property "as is" condition, as of February 6, 2009 was: (ONE HUNDRED NINETY THOUSAND DOLLARS) ($190,000) David C. rown Florida State Certified General REA RZ2547 Expiration Date 11/30/2010 ~~ ,~ ~~ Paul P. Drake, MAI, SRA State Certified .General Real Estate Appraiser RZ27 Expiration Date 11/30/2010 X03 ~D4 A RESTRICTED USE APPRAISAL REPORT OF A 0.21 ACRE PARCEL LOCATED AT 1301 U S HIGHWAY 1, SEBASTIAN, FL. 32958 PREPARED FOR MR. AL NIINNER, CITY MANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 MAII_, CODE - N/A AS OF SEPTEMBER 27, 2007 BY BOYLE ~ DRAKE, INC. 3790 7~ TERRACE, SUITE 202 VERO BEACH, FL 32960 772-778-7577 FILE NO. 14319A.doc COMPLETED OCTOBER 4, 2007 o~ 9 /z-r (0~7 ID5 _~06 Boyle & Drake, Inc. Real Estate Appraisers and Consultants Stephen J. Boyle, MAI State Certified General Real Estate Appraiser RZ699 3790 7t~ Terrace, Ste 202, Vero Beach, F132960 Telephone: (772) 778-7577 Faz: (772) 778-7868 info@boyledrake.com October 4, 2007 Mr. Al Minner, City Manager City of Sebastian 1225 Main Street Sebastian, Fl. 32958 Paul P. Drake, MAI, SRA State Certified General Real Estate Appraiser RZ27 Re: Restricted use appraisal report of the 0.21 Acre Parcel located at 1301 U S Highway 1, Sebastian, Fl. 32958. Mail Code - N/A Dear Mr. Minner: In accordance with your request, we have made an investigation and analysis of the above referenced property. The purpose of this investigation and analysis was to estimate the Market Value of the Fee Simple Estate of the subject property as of September 27, 2007. This report is a Restricted Use Format. As a result of our investigation and analysis of the information obtained therefrom, as well as a general knowledge of real estate valuation procedures, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property in "as-is condition", as of September 27, 2007 was. (TWO HUNDRED TWENTY THOUSAND DOLLARS) ($220,000) Hypothetical Condition: This appraisal is based on the hypothetical condition that the property has no environmental problems. However, since the property has been used as a restaurant and as an auto repair shop, we believe there is a strong potential for soiree areas of contamination. We strongly encourage an environmental study prior to purchase of this site. Additionally, we reserve the right to adjust our value conclusions if any environmental problems are discovered. This is a restricted use appraisal report that is intended to comply with the reporting requirements set forth under Standard Rule 2-2(c) of the Uniform Standards of Professional Appraisal Practice (USPAP) for a Restricted Appraisal Report. As such, it does not include discussions of the data, reasoning, and analyses that were used in the appraisal process to /07 Boyle & Drake, Inc. Mr. Al Minner City of Sebastian October 4, 2007 Page ii develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. Your attention is directed to the limiting conditions and underlying assumptions upon which the value conclusions are contingent. An Executive Summary has been included for your convenience. It has been a pleasure to serve you in this matter. Respectfully submitted, BOYLE & DRAKE, INC. `, ~ David C. Brown Florida State Certified General Appraiser RZ2547 Expiration Date 11/30/08 ~~~~ Paul P. Drake, MAI, SRA Florida State Certified General Appraiser RZ27 Expiration Date 11/30/08 /D~ Boyle & Drake, Inc. RESTRICTED USE APPRAISAL REPORT -COMPLETE APPRAISAL CLIENT: Mr. Al Minner, City Manager City of Sebastian 1225 Main Street Sebastian, Fl. 32958 APPRAISERS: Boyle & Drake, Inc. 3790 7`~ Terrace, Suite 202 Vero Beach, Florida 32960 SUBJECT: ~~, ', ,.~ ,,art ~~~:~ F -; ~ ~z ' } s. T ~'~ .tai" ~r x~ r Y....,~.- . 1~ ~ / ~ "'3 ~ 4 r ~ f '' .:: f rt ^ f^ tX n ~ y ~ f ~kC ~ ~~~' ~ . .~ ~ p ~ ~ y {~.,. ~ F ~J,.. * 4 ~ .~.,~ ,~ ; a. r s k ' ~~ ~`~ T~ { ~ r . . f f . r R~ ~ ~ n trh~~~ I t ~ a ee., r .- ;. . _ - -e 1 ~ E V+ . __ t ~cF a~ ~:; tl , y, ~, . . ' ' ~ JN ._ 3 o 1 . ,h ~rR n I .. ~ ;., ~ : -. I', ~I F~.,w ~.v ~o.~~~ !K ~ .4. x ~ 1 ~ :v ~I !Oq Boyle & Drake, Inc. OWNER OF RECORD/PROPERTY HISTORY: The owner of record is Richard S. Scott and Marie L. Case. The most recent sale recorded on public records was recorded in April 2005. This reflected the sale of the properly to the current owners. The purchase price was $375,000 or $42.00 per square foot per square foot of site area. There is an existing structure on the site, but it is not considered to contribute to value. The property is listed for sale with a sign on the property indicating Coldwell-Banker Realty lists the property for sale. Dan Duffel, sales agent, advised the current asking price for the site is $700,000 or $78.39 per square foot of site area. The listing price, according to our analysis, is extremely above market value. An unsigned .lease agreement in the city of Sebastian files calls for the property to be leased for $2,000 per month with the Lessee being responsible for the renovation of the existing structure to bring the property into compliance with current code. The lessee is shown as B4B Publishing, LLC. PURPOSE OF APPRAISAL: The purpose of this appraisal was to make a credible estimate of the Market Value of the Fee Simple Estate of the subject property in "as-is" condition as of September 27, 2007. INTENDED USE OF REPORT (FUNCTION OF APPRAISAL): INTENDED USER OF REPORT: REAL PROPERTY INTEREST APPRAISED: MARKET VALUE DEFINITION: irD The appraisal is intended to aid in determining a current market value for the site. The appraisal is intended for the sole use of City of Sebastian. Due to the restricted report format, this report is not intended for any other use. The interest appraised herein is the Fee Simple Estate . Per Standards Rule 1-2 (c) of USPAP 2006 Edition Page 194 2 Boyle ~i Drake, Inc. HIGHEST AND BEST USE: Highest and Best Use As Though Vacant: For development of a retail or professional office building(s) Highest and Best Use As Improved: The improvements do not contribute to value. Therefore, the Highest & Best Use as Improved is demolition and future development per "As- Vacant". EFFECTIVE DATE OF VALUE: DATE OF REPORT: MARKET VALUE ESTIMATE: FEE SIlVIPLE ESTATE September 27, 2007 October 4, 2007 $220,000 EXTRAORDINARY ASSUMPTIONS: None HYPOTHETICAL CONDITIONS: This appraisal is based on the hypothetical condition that the property has no environmental problems. However, since the property has been used as a restaurant and as an auto repair shop, we believe there is a strong potential for some areas of contamination. We strongly encourage an environmental study prior to purchase of this site. MARKETING TIlVIIJ: 12 Months EXPOSURE- TIME: 12 Months SCOPE OF WORK: The appraisal problem to be solved is the credible determination of market value. The subject is a commercial property that is improved with a small building that does not comply to current code and is not considered to contribute to value. The typical buyer is an owner user. The three valuation approaches are the Cost Approach, Sales Comparison Approach and Income Approach. In the case of this appraisal that is considering the site as vacant, the applicable. approach required to produce a .credible appraisal is the Sales Comparison Approach. The Cost Approach and Income Approach were not applied due to fact the subject is being appraised as if vacant. Please be advised that additional Scope of Work comments are provided in the following text. 3 Boyle & Drake, Inc. Paul Drake and David Brown last inspected the subject property on September 27, 2007. The subject's site area, reported herein, was based on plans prepared by Mosby & Associates that were in the public records. The applicable data for the approaches utilized in this appraisal report was generated from local real estate brokers, investors (local and nationally), owners, managers, and from an inspection of the neighborhood. All of the market data was confirmed with buyers, sellers, or other real estate professionals who were involved with or had knowledge of the transaction information. Site information such as zoning, utilities, et cetera, was based upon discussions with representatives of municipal government(s) who have jurisdiction over the subject property. A study of the subject neighborhood was conducted with regard to access, land uses, and trends, demographics, and market demand factors for the property type appraised. Once all the data was gathered, the subject property was analyzed with regard to its Highest and Best Use as vacant and as improved. The scope of the search included a search of MLS records, data published by Indian River County, on-line computer service, ISC, TRW, as well as our company database. REPORT OPTION: This is a restricted appraisal report, which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(c) of the Uniform Standards of Professional Appraisal Practice for a Restricted Appraisal Report. By defmition a restricted appraisal does not include discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value: Supporting documentation concerning the data, reasoning, and analyses is typically retained in the appraiser's file. In order to better assist our client we have included brief market data analysis and support within this report, thus the content of this report goes beyond the minimum content requirements of a Restricted Report. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. This restricted use appraisal report sets forth a summary and analysis of the data relied on, and appraiser's conclusion. Supporting documentation is retained in the appraiser's file. 4 Boyle & Drake, Inc. Property Description The subject property is located at 1301 U S Highway 1, Sebastian, Fl. 32958. The subject site is located on the northwest corner of the intersection of U S Highway 1 and Main Street. It also has frontage on Louisiana Avenue. The shape of the property is irregular with 426.5 front feet on U S Highway 1. Site Description: The total land size per a plan prepared by Mosby & Associates that was included in public records is approximately 8,930 square feet, or 0.21 acres. The site is zoned CR- Commercial Riverfront. The master land use plan of Indian River County designates the area as RMU--Residential Mixed Use. The properly is not being used at this time, but the existing improvements do not comply with standards for development of the site to its highest and best use. Minimal landscaping is provided. The "on-site" parking ratio is one space per 200 square feet of gross building area for development for professional office use. The site is located within flood zone X per map number 1206100077 G, dated 6/30/99. The property is located within Census Tract 508.01. The subject is located within close proximity to motels, restaurants, professional offices, the city office complex and the city boat launch. It is part of the Commercial Riverfront zoning district that has the intention of preserving the existing character of the riverfront and immediately surrounding area in Sebastian. U S Highway 1 is a heavily traveled north/south highway. Utilities to the site include telephone, electricity, water, and sewer service. Access to the project is via U S Highway 1. The distance to the closest I-95 interchange is approximately 10 miles west via CR512. Building Description: After review, we did not place any value on the current improvements, but the following information is provided to assist our client in understanding our reasoning. According to the plan prepared by Mosby & Associates and included in the public records of the City of Sebastian, the subject property is improved with a 1,560 square foot building. According to Indian River County records the building was constructed in 1957. The construction is CBS with a stucco finish and a shingled, gable roof system. ___ ___________________ Interviews with city officials, review of city building department files and interviews with long time residents of the area reveal some of the concerns about the subject improvements: • The property does not meet minimum lot size of 10,000 square feet, minimum width, ll3 Doyle c& Drake, Inc. length and other features of Sebastian development code • The property does not comply to current drainage code • The rest room is not handicap accessible • The building has two floor levels and does not comply with code • The hallway is too narrow to be handicap accessible • The front door does not comply with current code • The electrical system does not comply to current code • There may be a requirement to connect to public water and sewer services • There may be an old grease trap tank that was not removed when there was a restaurant on the site. Also, there was an auto repair shop and there may be site contamination. • Building may not comply with current setback provisions of the code and if it is to be expanded, this may be a problem • The design of the building is very old fashioned • The property is not landscaped to current code requirements • The current parking regulations will have to be addressed depending on what use would be considered • The property is "grandfathered" under Sebastian Code Section 8 Article .4. According to this section the current improvements may be removed and replaced with a structure with up to 1,672 square feet of gross building area, as long as the parking requirements for the use are met. Additionally, since the property has public streets on all- sides, the City may approve use of the right of way for drainage and landscaping. I l ~-~- 6 Boyle & Drake, Inc. Below is a brief summary of major construction details, features and development ratios: Itein/Component ;Description; Building Area 1,560 Square Feet Foundation/Floor Slab on Grade Frame Masonry Exterior Walls Masonry Roof Gable with Shingles HVAC Unknown Observed Condition Poor Design and Appearance Fair Quality Average Functional Obsolescence Code Violations Year Built 1957 Actual Age 50 Years Effective Age 50 Year Total Economic Life 50 Years Remaining Economic Life 0 Years Site Coverage 17% Number uarkin~ spaces Not Determined Ad Valorem Tages: Tax ID No: 31-39-06-00003-0010-0000(5.0), (7.0), (7.1) & (8.0) ~'~ar 2006 ~5~~~:~t~~l VaLu~ as~rs~ed ~~alic' Total ~ss~s~~d V"alu Land _. '~Tlnpro~ cli~ent~~ I~1isc $101,050 $53,190 $154,240 Estimated Real Estate Taxes: $2,815 The above chart is an estimate of real estate taxes for the subject unit. The above-assessed value results in an estimated tax rate of 2.00% per $1,000 of assessed value. The land and improvements are assessed at $17.27 per square foot of site area. The property is not over assessed. M~.iRKET DATA: Although 'a Restricted Use Report typically .does not contain a discussion of market data, a brief discussion of the Sales Comparison Approach has been provided to assist our client. 115 ti LA ti N ti ti V L A~ W` O m 1 1 cv J O //~/~ V/ (I~ "_- I d v .` a ca co r LL w 0 N a~i LL .+ C O IL w R 0 N DI 7 -'~ O O 41 N M 64 m U ~L a N d N ~, c ~ o ~ w °' m ~ 0 J m C [6 .N (0 4 N 01 O Z d N N .a C tv J 0 v v 0 U O O O (O 64 0 U (6 ~ ~ ~«- c6 O N ~ U N ~~ u~ M ai 7 C a ~ Boyle & Dralze, Inc. Sales Comparison Approach: We have considered a total of five land sales located in the Indian River County area. A summary chart is contained on the previous page. The typical unit of measurement or evaluation is sales price per square foot of gross building area. The minimum price of the sales was $13.65 per square foot, the average was $18.26 and the maximum was $26.15 per square foot. The prices varied due to differences in location, market conditions, and utilities. All Sales, except Sale #3, were for properties located in the Sebastian market area. All comparable sales were larger in size than the subject. An interview with the Sebastian Growth Management department revealed that a reasonable proposal for development of the site would be given strong consideration. Because the location is surrounded by streets and is at a lighted intersection with the city boat ramp and the city admulisuative offices nearby, it is a very prominent location. Compared to the four Sebastian comparable locations, the subject parcel, except for size, is the best location and would command a price higher than those four comparables. Sale #3 was located in Vero Beach near the Home Depot store and Ruby Tuesdays restaurant in Vero Beach. Land prices in Vero Beach are typically higher than in Sebastian. This higher pricing is especially so for properties located near the Indian River Mall. This sale was included to illustrate the high end of the range of values for commercial land in Indian River County. Market prices have remained "flat" since May 2005. For this appraisal we selected some sales that are older than typical. However, since the market has been flat and there is no support for a time adjustment required, we consider the coinparables to be market oriented. Also, all sites, except Sale 4, are comparable in regard to utilities. Sale #4 does not have access to public sewer service and this limits the potential uses of this site. The sales were adjusted for differences as discussed above. An adjustment chart summarizing all adjustments is contained on the following page. Support for all adjustments is contained in our company files. After- adjustments the range was approximately $15.73 to $26.25 with an average of $19.69 per square foot of gross building area. All sales concluded in a reasonable range, with none standing out as the best comparable. 9 ~I1 «~ - - - °s a .z ~ ~ .y ~ .N .~ ~ `o -~ yS ~ .y ~ c ~ E .c > .~-e ~Q j ~ ~ f m Ci _`d 'd `d `o`o r`! ti n N b .] a `~! ~ `d ry ~ ~ `_d N `d % ~ Q < N N h h M c~ h N H H ~ or N Nz H or H rz N „z N r ~ j ~' r r w w « z H~ o ~ ~ o o E ~ pp X w •ti $ g r e ~ _ a~ b s~ ~ pa° ., w »cs h !D V] ~ ~ ~ O c7 3 ~ E ,~ EEO > V U U U U ,~' ~~ U N 2 ~ ~ .. ~ r n .. m s ~ ~~ ~ $~ a '_ m ~ $ ~ h~ a a a a_ ~ ;~;~s E ~ A '$ H ~ a ~ ~'c o ° U 3 N ~~ 3 JQQQ o E 6 my 4 ur a ~ u < ~ ~ v S ~' ~ ~ < ~ o ' j 'Y. ? i` ~ E 9 F i ' 9 ~ S b ~ ~ ~ - ' a ~ v i e$ ash ~> w=N w"q °9 aX°, .. 3 n N N e N N c V ~ y a` n k ~~»»» y ~ ., 7c~na -. ~ m % ui ~ ~ ~~ y i~8 0 a 0 a Boyle ~ Drake, Inc. Based on above we conclude that $20 per square foot is market oriented. The indication of marketvalue is calculated below: SITE AREA X UNIT VALUE = PROPERTY VALUE ROUNDED 8,930 $20.00 $178,600 $180,000 Improvements Even though we project the highest and best use of the subject property to be removal of the existing unprovements, these improvements have some value as an interun use. Contributory value of the improvements was $25.00 per square foot of gross building area. The gross building area was 1,560 square feet. Therefore, the estimated value of the improvements was: GBA X UNIT VALUE = PROPERTY VALUE ROUNDED 1,560 $25.00 $39,000 $39,000 Land & Improvements The value- conclusion for the land and the contributory value of the improvements was $180,000 plus $39,000, which equals $219,000 and was rounded to $220,000. Reconciliation The best indication of market value is the approa.ch(s) that most closely represents the reactions of the market place. Analysis of the motivations of purchasers of commercial land like the subject strongly indicates that most purchases are based on the Sales Comparison Approach to value. For this reason, only the Sales Comparison Approach to value was applied. As stated earlier there was an unsigned lease included in the county file. The lease rate was $2,000 per month for the site in "as-is" condition. The annual income would be $24,000. We then applied a 5% discount to account for vacancy and collection losses. The effective income was $24,000 less 5% equals an effective income of $22,800. The expenses would be real estate taxes, accounting, and management (includes liability insurance). The total expenses totaled $4,975 and the Net Income was $17,825. We then applied an 8% capitalization rate to arrive at a value estimate of $222,813, which we rounded to $220,000. The flowing chart shows our calculations: ~i I~Q Boyle ~ Drake, Inc. Income $24,000 Less Vacancy & Collection-5% -$1,200 Effective Income $22,800 Expenses: Real Estate tax $2,815 Management-4% $960 Accounting $1,200 Totaal Expense $4,975 Net Income $17,825 8% Cap Rate $222,813 Rounded Value $220,000 This value is the same as our Sales Comparison Approach conclusion, but the lease was not signed and there may have been further lease negotiations. There was lack of support for this analysis and as stated earlier the typical buyer places full weight on the Sales Comparison Approach. Therefore, we placed full weight on the Sales Comparison Approach, but the above analysis did show support for the reasonableness of our value conclusion. Our final conclusion of Market Value of the subject property in "as-is condition" is $220,000 EXPOSURE TIP'IE/MARI~TABILTTY The marketability of the subject property is rated as average. The estimated exposure time and marketing time is estimated to be approximately twelve months. ~z ~Z~ Boyle & Drake, Inc. ASSUMPTIONS AND LIMITING CONDITIONS: The certification of the appraisers is subject to the following conditions and to such other specific conditions as are set forth by the appraisers in this report. 1. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with fixture changes in such conditions. 2. The value estimated in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined. 3. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroaclunents on this property, but no investigation or survey has been made. 5. This appraisal expresses our opinion, and employment to make this appraisal was in no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements; and, in any event, the appraisers' total liability for this report is limited to the actual fee charged. 7. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 13 i / ~' Doyle & Drake, Inc. 9. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyl's, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of, nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test for such substances or conditions. If the presence. of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect. the value of the property, the value estimated is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 10. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of the ADA in estimating the value of the property has not been considered. 11. This is a restricted appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(c} of the Uniform Standards of Professional Appraisal Practice for a Restricted Appraisal Report. As such, it does not include discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. is ~ZZ ~3oyle 8z Drake, Inc. CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and our personal, impartial, and unbiased professional analyses, opinions, conclusions and recommendations. 3 . We have no present or prospective interest in the property that is the subject of this report; and we have no personal interest with respect to the parties involved. 4. We have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the: client, the amount of the value opinion (estimate), the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. Paul P. Drake and David C. Brown made a personal inspection of the subject property and no other person provided significant real property appraisal assistance in the preparation of this report. 8. The analyses, opinions, and conclusion were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation and the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 9. The use of this report is subject to the requirements of the State of Florida relating to review by the Department of Professional Regulation, Real Estate Appraisal Board, and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. /23 Boyle ~ Drake, Inc. 10. As of the date of this report, we have completed the requirements of the continuing education program of the State of Florida and The Appraisal Institute. 11. It is our opinion that the Market Value of the subject properly in "as is" condition as of September 27, 2007 was: (TWO HUNDRED TWENTY THOUSAND DOLLARS) ($224,000) ~, /: ,:.. / ,~ Davi C. Brown Florida State Certified General Appraiser RZ2547 Expiration Date 11/30/08 ~~ Paul P. Drake, MAI, SRA Florida State Certified General Appraiser RZ27 Expiration Date 11/30/08 16 [~y ADDENDA 125 SUBJECT PHOTOS ~z~ Boyle & Dp~ake, Inc. Subject Site Subject Improvements ~~ lZ7 1301 USl COMPARABLES IZS C6 U ~L O' Z V / ~~ i ~_ •L o, ~i ~ ~:. 29th Ave s" ' v ~ ~ f ~/ ~ an~/- u (ms 37st A e ~ ~ -- ~ , _ __ ,. ~ ` ~ ` ~ ~ r ~ _ and ~ {~9E :- ~~ ;and ~-1~5~ ~ - ._ ~, __ ~. ~ -- _ _ __ ~- cn - ~ - _ ~ ~an~{ ~1~6E ~~ - ~, ~ ~? _ _ - _ ai~b I11~~ __ ,~ - ~ -_, ~ ~ ~ ,-, ~,__r - . ~_ ~ and p~~b i ~ ~ ~_ `~ _ - ~ ,--~ r- ~ ~ ~~ ~~ ~~ ~ ,~ ~~ u~ ~ m f ;,, ~ ~ \ o a~ : ~ ~ . ~ _ , ,.,, ''' i -. _ >_ _ (fr. ~- ~- ~ _ ~' ~, ~ ~ __ ~ : ~ - "_"; ~ -~ ~ ~; ~ o - anb' ~1~99 ask/ _u199 ~ ~_ : ~_e~f/ u~99 w~ X I - =.-_ __ N, ___ i _ --- r-' ,. y~ i -_ C~ _ and~t~~~L- ~ _ = - - \ _ `;- -. `~ i. t :-. - t- , ,. ~~ _,- ~ ~ ~~ m ~' 0 C/.-. ~i ~ 1_ 3 _ ~. __ N 0 .~ 0 rzR m N L N Q E O1 0 0 0 .i c N U o~ U ~ E o m < m aZ L o O ~ N N N d d N ~ L ~ N ~ -L j Q O1 w ~' ¢ ~ a U ~ d C ~ J-.- y T ~ O ~ ~ C t0 ~ L U C U tU m~ ~ a ~ U `o m UO " U ~ °t E o ~ ~ U ~(~ p~j O ~(~ U C ~ ~ l0 l0 m O ~ T O C l0 OLU L ~ U ~ a N T O '_ QU 10 U©~ ~ ` V -I 1 v ~ U ~ U Q ~ Y..,~ Q i Cf3 N ca .~ 0 c ca Q~ v ! ~ y.. _ O . ,r `~ , n i ~ .' ~ ' ~ ~'~• ~ Ul ~ 1> ~ ~ r- ~ ~_ C~J (?') ,-i r - ~+~- ~ ~ - 1 `" _ " ~ f~ ~ .N r ~ ~ ~ ~. . ~ Ol ? ~} ~, U r ~. ~ r-- ~, v~ ~ " •~ ~., ~, ;uiny~g , _~ ~ r i ,, ~ e~, p ', N `~ i - - ~ _ f< r ~ ~ - ~ ~ U~ k ~ ~.t - o ~~ ~, L-- ~a~d Rd« < ~ S eiuo 3e~ . ~ ~ I ~_ _ _ ~ a a~ ~ - ~ .,~ ~ ~ ~` ~ ~ a r, ~ - ~ - ~- ~ t r a~ ~ ~ ~ ~ `~ ~, > i -. - ~ ~~; - ~ r, ~_ - ~` ~~ u __ - 4 1 =~-. . _. ~ y<.~ - - -_-" ~ ~~ Q j ' / /~~ ~r = O z ~ i W 3 i~ ~ .J 'r _ ~ ':_. ____ _._. ~ /~ ~ U- ~~ . _ y ~!' - Q1 C N I ~ ~-~ ~r~~ 1 . --- -- '. 1 ., I :. i :- _..... N E 0 z ma N m E °' 0 0 0 O U O ~ U ~ E o m m cL Z LOo ~ ~ m d ~ d N NN L N °-'m-o -L> °' m` `~ Q ~ `ro p, C ~ o ~ o c m C U t0 "~ a ~ U `o m UO " U ~ ALE o ~ ~ v ~C7 N O O ~ ~ C N d ~ R 'O m N C (6 O~U L ~ U ~OT.N U O O ~ U O `~ Boyle and Drake Inc. Land Sale No.: 1 Property Type: Commercial OR Book: 1906 Page: 2318 County: Indian River Deed Date: July 2005 Location: 691 Sebastian Blvd (CR512) City: Sebastian Grantor: Faim Funding Grantee: Arnold L. Lieber (Trs) Sales Price: $375,000 Financing: Cash to seller Cash Equivalent Sale: Yes Front Feet: 120.00 Site Area/Sq. Ft.: 19,166 Site Size Acres• 0.44 Zoning: C512 Land Use: Com Utilities: Phone, electricity, water and sewer Topography: Normal Tag Folio Number: 31-38-12-00004-5090-00012.0 Legal: Lengthy legal description-Lots 12,13,& 14 Price per Square Foot: $19.57 Price per Acre• $852,291 Comments: These three vacant, commercially zoned lots are located on the south side of Sebastian Boulevard (CR-512) at the SW comer of South Wimbrow Drive in Sebastian. # Months Exposure: 3 Record Number: 1674 Job Number: 14319 /31 $oyie and Drake Inc. Land Sale No.: 2 Property Type: Commercial OR Book: 2023 Page: 710 County: Indian River Deed Date: Apri12006 Location: West side of US1 approximately 325 feet north of Truman Street in Sebastian. City: Sebastian Grantor: Ernestine Park Grantee: Florida Endeavors Sales Price: $350,000 Financing: Cash to seller Cash Equivalent Sale: Yes Front Feet: 104.00 Site Area/Sq. Ft.: 25,647 Site Size Acres: 0.59 Zoning: CWF Land Use: Commercial Utilities: Phone, electricity, water and sewer Topography: Normal Tax Folio Number: 31 ~9-06-00002-0000-00004.0 Legal: Lengthy legal description Price per Square Foot: $13.65 Price per Acre• $594,455 Comments: This vacant parcel is located on the west side of US Highway 1 approximately 325 feet north of Truman Street in Sebastian. The lot was purchased as part of an assemblage of four lots. Because of legal difficulties concerning ownership and control of the sale of this parcel, the purchase was delayed for several years and then a significant premium was paid to complete the sale and assemblage. The buyer's estimate of the premium paid was approximately 20%. # Months Exposure: Record Number: 1174 Job Number: 14319 1 3a- Boyle and Drake Inc. Land Sale No.: 3 Property Type: Coirunercial OR Book: 2017 Page: 1701 County: Indian River Deed Date: Apri12006 Location: Comer of 58th Avenue and College Lane City: Vero Beach Grantor: Andena Witiva LLC Grantee: The Pantry, Inc. Sales Price: $1,600,000 Financing: Cash to seller Cash Equivalent Sale: Yes Front Feet: 219.80 Site Area/Sq. Ft.: 61,193 Site Size Acres: 1.40 Zoning: CG Land Use: C/I Utilities: Phone, electricity, water and sewer Topography: Normal Tax Folio Number: 33-39-OS-00010-0000-00009.0 Legal: Lengthy legal description Price per Square Foot: $26.15 Price per Acre: $1,138,954 Comments: This vacant site is located at the corner of 58th Avenue (Kings Highway) and College Lane near the restaurant known as Ruby Tuesday's and the home improvement store known as Home Depot. This site exposed to the market for approximately 142 days and sold for $1,600,000 or $26.15 per square foot. The buyer will reportedly develop the site with a gas station with a Krispy Kreme donut shop. # Months Exposure: Record Number: 1517 Job Number: 14319 r3~ Boyle and Drake Inc. Land Sale No.: 4 Property Type: Commercial OR Book: 2077 Page: 2153 County: Indian River Deed Date: September 2006 Location: East side of US 1 across from St. Sebastian Catholic Church in Roseland section of Sebastain City: Sebastian Grantor: 13070 Partnership Grantee: Pelican Hotels, Inc Sales Price: $750,000 Financing: Cash to seller Cash Equivalent Sale: Yes Front Feet: 317.00 Site Area/Sq. Ft.: 43,560 Site Size Acres: 1.00 Zoning: CG Land Use: RMU Utilities: Phone, electricity, water and sewer Topography: Normal Tax Folio Number: 30-38-21-00001-0000-00021.1 Legal: Lengthy legal description Price per Square Foot: $17.22 Price per Acre• $750,000 Comments: This commercially zoned vacant land parcel is located on the east side of US Highway 1 in the Roseland section of Sebastian. The property is being purchased for the development of a hotel. # Months Exposure: Record Number: 1565 Job Number: 14319 13'~ Boyle aid L~r ake Ia~c. Land Sale No.: 5 Property Type: Commercial OR Book: Contract Page: County: Indian River Deed Date: October 2007 Location: East side of US 1 across from Walmart City: Sebastian Grantor: RLM Investments Grantee: Contract Sales Price: $675,000 Financing: Cash to seller Cash Equivalent Sale: Yes Front Feet: 150.00 Site Area/Sq. Ft.: 45,840 Site Size Acres: 1.0~ Zoning: CWR Land Use: Commercial Utilities: Phone, electricity, water and sewer Topography: Normal Tag Folio Number: 30-38-21-00001-0000-00024.0 Legal: Lengthy legal description Price per Square Foot: $14.73 Price per Acre: $641,427 Comments: This parcel is located at 12950 U S 1 on the east side of US Highway 1 in the Roseland section north of Sebastian. The property is on the south side of SeaCrest Plaza and across from the Wa1Mart store. The site has a 4,000 square foot building that is considered an interim use. We applied $25 per square foot for the value of the improvements. The asking price in MLS indicates $995,000, but the actual price is $795,000. If we deduct the $100,000 for the improvements, we arrive at a value of $695,000 ($15.20 per square foot) for the land. The property was purchased in June 2004 for $495, 000. # Months Exposure: 4 Record Number: 1322 Job Number: 14319 X35 FLOOD MAPS 13G 'o d ° m p = G Ip .. N r N C F- J d q0 m C p W u_ L m a m p E O O 4 ~ O. ~ ~ F HI C7 C7 _?NO .. ¢' C7 W ~a] ~; G] U C mo .p o V tt~ a W Ey" ¢ d ^ zE<~ ~ ~ O S 7:~ W O C m~ ~o m N W (- ~ W ~ o mtiu iw ~ .c i CO mN Q z .~ ~ (] W d Z O w¢ aw a ~ ~ mpa Ea-p - Q ~ ~ O W = ~ ¢ ~ ~ W Ow ° H Gn_.am0 dcm~a N op r~E~LL moQ _ X Q _ Q ~ z Q a ^Z ~ c ../ n om~ou Z U ~ ~ c_c~~w pJ~ LL C a F ~ Q FF O WW 3 °a Q O_ f.. Q J 6 ~ g /~~ W G / ® ~ H O U~- - ZW E¢ Z ll ~ °« p F _ ~uow ° T L ~ gO L O y IOF Tp.Y m ~ v ~ o « p p ® - " TILL" p m ° cc ~ n N;« N 10jm~E O ~ v p ~m o LL o pE m u ` c « E ~,~ma~ m m m y p ~ 3 0 « a ~' ,~/ / ' ~ / 'x' - if / / • r-1 N cV r v< ti 0 ~I--4 eN-1 i-~ . ,.. y rr \\ ~.J _ +~`s ~ ~ -•c y -;,~" ~ _ ~ 3 . . _ tx_= ~ . ~ I ~ - z Y M ~ W Z W x ky s R ^ ~ y Q N ,/L ~, , / . i ' w .~C ,- w a 3 F - /, I ~ ? - ~ .~ ~ -- - ~ 4 O }, 9L00 l3NVd SNIOf ~3~ PROPERTY DATA 13~ - - ~ ---~~ ':~ lee °' _.- -,_, r:_t_; o ~~~~-.~4 O~ ---- 0010 't.. oiic7v - 0 ~ = r ooot3b m 00002 a o,o +fi o02 f t oolo ~ 3 sJ\ .~.2 \ 1 ~~~, : ~,,f~~j, ~ ~ oo~ose6 Ac.: ~ - ~~\ ~` ~4c` ~,, Q o~ ~ ~sz>ar_._.: } ~,.;y } . \'~ '~ ~/ ~ .,y -~-...@5 __I05~ 90_.. ~ -, 0007 S ~" -301 ......-.. `-.~ 000 i ''~ BLOCK A ~.~ ~- j v~, 02.0 ~ \ ~~~ \VY ;,~Y "Jl 0070 250 AC " =~~ ~` y''~''' .`~" t;~_ Y 00000 00077,0 '~ 00000 ~ i : ~y65 -:~ , ~'~ ~: :.:~ ~ 0020 .q ~ 7 3 /~~00,0 L91 AC ~`~~ •-~~ ~:j~~ . 00007.0 / 28652 ~ ~000rJ.O ~: i . ~ J"IIII~L ', ".~ ~ _ $ . 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Fi[sT<~ft~- Tit: Parcel ParcellD: Ownership Owner -First Name 1: Owner -First Name 2: Owner -Last Name: Site Information Site Number From: Sile Number To: Site Prefix: Site Street Name: Site Unit: Site City: 31390600003001000005.0 RICHARD S & SCOTT 1301 US HIGHWAY 1 SEBASTIAN r^ i'~ http://www. ircpa.orglimage.asp?Parcel=31390600003001000005%2E0&PIN=&Card=1 &... 9/21!2007 ~'; a fi '~ . rage 1 or t ~ti~~ ~~a ~ r~~ ~ ~.~ r.~s ' ~~~. rc t r ; r~.~r~c>~~F i=r~rrr ~ ~rrs~` ' rsf:~c;~ " F-~~~«~~~ ; T rfii ~J # +>'5 ~ , ~ , r . , sip ~ .,,,,;a. ~3~`L7 ~1L f~~, . -- .~~~~ ~~~t ~r~ -~ a F~C~~1`d C;~~d ~--. . Parcel Parcel ID: 31390600003001000005.0 Card: 1 SKETCH 40 E } ~ ~ } Grid in 5 ft internal, Legend with white background indicates n0 dravvak~le area Click here to download SKETCH CODES J t 1 http://vwvw.ircpa.org/sketch.asp?Parcel=31390600003001000005%2E0&PIN=&Card=1 &... 9/21/200 QUALIFICATIONS l ~Fa- PAUL P. DRAKE, MAI, SRA QUALIFICATIONS Paul P. Drake is a partner in Boyle & Drake, Inc., a full service real estate appraisal fn-m with offices located in Vero Beach, Florida. Mr. Drake has been actively engaged in various phases of real estate appraisal since 1971. He has prepared appraisals encompassing most of the major categories of land and buildings. Mr. Drake has conducted appraisals for the purpose of sale/purchase, insurance, rental, financial, ad valorem tax, purchase price allocation and corporate planning. In addition Mr. Drake prepares special studies for determining market rents, highest and best use studies as well as consulting and appraisal reviews. 1VIr. Drake has been a resident of Palm. Beach County, Florida, since 1947. He conducted real estate brokerage and appraisal business in Palm Beach County until 1989. He is now a resident of Indian River County, Florida. He received his secondary education from the University of Miami and Florida Atlantic University, where he graduated in 1969 with a Bachelor of Science degree in Finance. Mr. Drake's recreational activity includes windsurfing, tennis & bike riding. PROFESSIONAL AFFILIATIONS • Member of the Appraisal Institute -- MAI Certification No. 7685 • Member of the Appraisal Institute -- SRA • Licensed as a Broker with Florida Real Estate Commission (License 6022786) • State Certified General Appraiser, License RZ27, by the State of Florida, Department of Professional Regulation, Real Estate Appraisal Board, since December, 1992. Currently State Certified through continuing education to 11/08. APPRAISAL EDUCATION • Society of Real Estate Appraisers Course 101, An Introduction to Appraising Real Property, 1975 Course 20 1, Principles of Income Property. Appraising, .1976 Course 202, Applied Income Property Valuation, 1984 • American Institute of Real Estate Appraisers Course lA-l, Real Estate Appraisal Principles, 1981 Course 8-3, Standards of Professional Practice, 1983 BOYLE & DRAKE, INC: 1~3 PAUL P. DRAKE, MA.I, SRA Qualifications -Continued Page 2 Course lA-2, Basic Valuation Procedures, 1986 Course 2-1, Case Studies in Real Estate Valuation, 1986 Course 2-2, Valuation Analysis and Report Writing, 1986 Course 1B-A, Capitalization Theory and Technique, Part A, 1986 Caurse 1B-B, Capitalization Theory and Technique, Part B, 1986 Course 8-2, Residential Valuation, 1986 Comprehensive Examination -- Challenged and Passed, 1987 • Most Recent Continuing Education Courses Attended Florida Law Update - 2004 National USPAP Update - 2004 Analyzing Commercial Leases - 2004 Appraisal Consulting - 2004 Scope of Work - 2004 Subdivision Valuation - 2005 Business Practise & Ethics - 2005 National USPAP - 2006 SFWM 2006 Appraisal Seminar SFWM 2007 Appraisal Seminar • In addition to the above is Distance Learning Continuing Education of 30 hours completed in 2006. APPRAISAL EXPERIENCE • Partner in Boyle & Drake, Inc., Real Estate Appraisal and Consulting Firm, Vero Beach, Florida--Present • President, Lawson, Powel & Drake, Inc., Real Estate Appraisal and Consulting Firm, Jensen Beach, Florida--January 1994 to March 1995. • Senior Appraiser, Callaway & Price, Inc., Ft. Pierce, Florida, June, 1989 to January, 1994. Responsible for appraising complicated properties in Florida and New England / ,[~~ j BOYLE & DRAKE, INC. PAUL P. DRAKE, MAI, SRA Qualifications -Continued Page 3 a President, Drake & Ernst, Inc., Realtors/Appraisers, Boca Raton, Florida, 1982 to June, 1989 • Vice President/Secretary Treasurer, Talbott & Drake, Inc., Realtors/Appraisers, 1973 to 1982 e Associate, Eliot West Realty, 1971 to 1972 • Assistant Planner, City of Boca Raton, Florida, 1969 to 1971 TYPES OF PROPERTY APPRAISED Appraisals made on the following types of property from individuals, corporations, banks, attorneys, governmental agencies, savings and loans, and mortgage companies: - - - -.~..creage . .. .. _ - -- Apartment Complexes Aquaculture Farms Automobile Agencies Commercial Buildings Condominiums Condominium Projects Day Care Centers Duplexes Citrus Groves Golf Courses Industrial Luxury Homes Marinas Medical Buildings Mobile Home Parks Motels/Hotels/Convention Centers Off ce Buildings Planned Unit Developments Residential Multifamily Residential Single Family Restaurants Retail Buildings Shopping Centers Surgical Centers __ _ _ _ _ Service Stations Special Purpose. Properties Subdivisions Tennis Clubs Time Share Resorts Triplexes Vacant Land Warehouses BOYLE & DRAKE, INC. 1~5 Mr. Drake has appraisal experience in Florida, Massachusetts, New Jersey, New York, New Hampshire, and Rhode Island. l ` BOYLE & DRAKE, INC. ~`~~ DAVID C. BROWN QUALIFICATIONS David C. Brown is the owner of K. B. Enterprises of the USA, LC and provides market research and appraisal services to Boyle & Drake, Inc. of Vero Beach, Florida. Mr. Brown has been employed and owned firms that were involved in commercial general construction and retailing of building materials. He has also been involved as president of several fines that constructed and lease commercial properties. PROFESSIONAL AFFILIATIONS o • State Certified General Appraiser RZ-2547 o P Affiliate Member of the Appraisal Institute EDUCATION BS -Business Management -Salem College MBA -Masters of Business Administration -West Virginia Wesleyan College APPRAISAL COURSES Course 101 - Introduction to Appraising Real Property Course 110 -Appraisal Principles Lease Abstracting and Analysis Supporting Sales Grid Adjustments for Residential Properties Appraising Small Hotels and Motels USPAP/I,aw Update Course 310 -Income Capitalization Course 320 -General Applications 1410 -Standards of Professional Practice, Part A 1420 -Standards of Professional Practice, Part B 1031 -Exchanges/An Investors Dream-A comprehensive Study of the Creative Possibilities 11510 -Advanced Income Capitalization OCCUPATIONAL EXPERIENCE • President - GA Brown & Son, Inc. -1968 -1990 President -Brown's Lumber & Supply Company, Inc. -1975 -1997 President - KH Realty, Inc. Properly development & leasing-1981- Present President -Rolling Hill Realty -1996 - 2005 President -Airport Acres Realty - 1983 -2005 _ President - Stran Realty, Inc. 1989 - 2006 President -Strap Development, Inc. -.1988 -Present Partner -BPS -Property Leasing -1986 -Present Adjunct Professor -West Virginia Wesleyan College - 1996 -1997 BOYLE & DRAM, INC. ~~~ LETTER OF ENGAGEMENT / INVOICE ~i8 `~ ~ ~~ ~.~ .; Boyle & Drake, Inc. Real Estate Appraisers and Consultants Stephen J. Boyle, MAI State Certified General Real Estate Appraiser RZ699 Paul P. Drake, MAI, SRA State Certified General Real Estate Appraiser RZ27 September 10, 2007 3790 7`h Terrace, Ste 202, Vero Beach, F132960 Telephone: (772) 778-7577 Fax: (772) 778-7868 Ppdmai@gate.net Mr. Al Minner, City Manager VIA FAX 772-5 81-0149 City of Sebastian 1225 Main Stree± Sebastian, F132958 Re: Appraisal of 1301 U. S. Highway 1 and 1318 U. S. Highway 1, Sebastian, F1. Dear Mr. Minner: Pursuant to your request for the appraisal of the above referenced properly, I am submitting to you an agreement for services. The purpose of the appraisals is to estimate the Market Value of the subject property in as is condition as of a current date. The report will be a restricted format. The report will be used to determine a purchase price. Please be advised that since you are ordering the report the appraisal cannot be used for mortgage lending. The current banking regulations require the bank to order the appraisal when the intended use is for mortgage lending. The appraisal will be prepared in compliance with FIRREA, Uniform Standards of Professional Appraisal Practice and subject to our standard limiting conditions and assumptions. A copy of our standard Limiting conditions is included with this letter for your review. Please be advised that we reserve the right to include special limiting conditions in the event there are property conditions that can not readily be determined. In such. eases we will stop the job, discuss any special problem with you, and obtain your permission to continue. 144 r,~/ ~'~ Gr~r~! L.:: C~tl ' /~.( ;5 L' LSUYLt llK/-iF<t t'1-;Ut t~G ~pyle & Drake, Inc. City of Sebastian Mr. ~l Miru~er Septarnber 1 d, 2007 Page 2 The fee for the appraisals is $3,4Q~ as dgtailcd below. The assigzvz><ent will be ct~txtpleteei iii approximately thr®e wEeks fratn yqur aUthorizatign to pt'oc:eed Tz the above is agreea,trle to you, please sigrt below ar;id rcturCa oile copy of cl~i~ engagert~ent lettez alan~ wieh Cho retainer fee. Thank you for the opportwiit}, to be of sern~ce. I~.espcct~ltlly submitted, T~UYLE & bRAK,I/, ZIYC. ~~ ~ Paul P. Drake, MAT, SKA ~forida State Certil"ied Cxen.Ersl R. E. Appraiser R7?7 Data ~5~ cry ~nH,~ ?-I~IW NHT I ~HA~~ l~ I T.`l ~~ FbTGiT.RG7.// ~'G:FGI /RR7./FT/FGl e~~ru~riYJKJr __:uo rr.~.ir-^+.~n ~UfLG I.,rChp'.~ _ rrn~~ ~~-; 1 i ; Boyle 8z Drake, Inc. City of Sebastian ~--- ~"""~"" ""° 'vIr_ AI Mint]ec s~~t~~~,>~~ 10, zor~ ~a~~ LIlViIT'IiNG CUiwTl~,~7'TQ1YS The cortifioation of the appraisers is subject to tM~ foIltltving conditions ,~xttl to su4h 01~]er spectf c conditions as are set forth by the appraisers its this report. 1, Unless ntlxcrwise stated. the value appeatting in tl]i.s appraisal represents the opiniarl o#' tli~e Mat'kct Value ot• the Value De#'uted AS OF TF~ DAT')/ S1?~.~IFTI p_ Market Value of real estate is af~eGted by national and local ec~attotnic eottditior~5 aii~i consequcntl}~- wiI} vtiry with future changes in such conditions. 2. The value estimated in this apPl~ti.s$1 report is grass. t~~i:thout GonsidEratiol~ liven u:• arty enoumbrance, ;restriction nr question Qr Eitlc. unless specifically defined. 3. This appraisal zaport corers only the prop~~ described and any t-alues oz rat~:4 utiliz~i azc riot ttl be constnteci as applicable to an.y other propert;', 11L~WeL'c* srnulax the properties rrxight b~. 4. it is assumed that the title to the prc~tlises is ,goad; that the legal deSCriptigri ,~ correct; that tho itnprovements are Er~ltirely axzd carreoCly located ort the propern~ described. and that there are r-o encrvaclvtncnts on this l:roperty, but tIO irn•cst;ig;.~ttit:,r~ ax survoy has been. made. 5. This appraisal expresses our op~tiiori, and cn.]ploymertt to make this appraisal «-as ilt a~~ vv~.y cpntingent upon zhe reporting t~f. predetermined value or. conclusion. ~. `~o respansibiIit~° is assunnexl for matters Legal in nature. Y;or is an~• opinio7a of ti?IE rcndtred. In the perfolxr~ance of ou><• invwstigation and analysis leadiztg to t"le eorlcluszorts rca~ched herein, tt]e statemments of oth~:rs were relied ~?ti. No li~lbi.tii`.~ i5 assumed for the correctness of those statements; an~3, in any evel-t, the appraiser' total liability far this report is lirrtited tv the actual fee charged. 7. N~:ither a}i ot• any part oi'the rontel~ts of this report (especially at]~~ conclusatrrts. thc~ identity of the appraiser or the firm vt~itll which he is car]neetcd. or an}~ rel•cren~:~ t~;~ tha Appraisal ~rnst:ittlte al• any of its designations) shall be disserninatc;,d to the pl.tblic through adve,.rtising media, public xelations inediaz news inedi.a. sales mcditl. or ar~v other public mea,rls of cornYrlunication without aar prior written con9~11E anal approval. i5i Ta ~r1H.-I ?1nW NtiTl~tif~~ J.IT:I 6bTRT8~Z1! ~:~,:FR JRR7./F,T/FR U7! f77/ ._FJVJ i .~i: bb f /L/ ~ ~ ..'b~ LtiUYL~ LI-'!-V'.t - ~ ~rf~x ~•. i ~Aylk~ arc Drake, J<nc. City of Sebgstian Mr, Al Mintiex September I4, 2t107 Page 4 i3_ It is assurxzed that there are no .hidden or &pparent concjitlons ofi• the propene. subsu~l_ or structuxes which wot~]d render it rnoze or Less va.luablc. The Appraisers a,`sun~es nc~ responsibility frar such conditions nr the ett~;ineering which rnight lye requirrd co discavEr these fftctOrs. 9. Llnles5 otherwise stated in this report. the e~,istence tit bazar<lc~us substances. including withrntt limitation asbestos, polychtoriaated biphenyls, ;~etrt~leum lea~.agc. or agricultural chemicals, -whici7 rrr~}~ or may noi: be present oYt t,~~ prnpci.-ty, ur ~~tt~c~r environmental conditions, were not c=alled to L'Itc atierttiott of_ ra~~r did the appraise' become avc-arc o~C sUCh during t}te appraiser's inspection. The apprajerr has no kndrvledge of the existence of such materials on or in the pcapertS• uttiles, othenti~3::4 stFtted. The appt'~jser, kte~tivever, is not c~ualifiecl to test for such .substance=s ~-.r conditions. If the presenee of such substances, such as asbc5tos, {irca foil-ria(dehycic; foam ulsulatit~il. or other hazardous substances ar envircmme;ltf+.I cQExiitjonS, xYtai affect the value of the property, the value estimated is predicated vn the assutnptiun that there is no such proximity ttterew that would cause a. Ic~ss in ~~3li~e. ito responsibility is assuznecl far any such c,ondit.ion5, nor for any e~;pei~isc. cif engineering knowledge required to discover them. 1(>. The Americans with Disabilities 1~ct r`,"~~i~A.") bcedlne effective .lanuaty ~".6, 19+x;? The appraisers ha~re not made a specific compli.an~ survey and tutr~lysi3 of thf~ proper. ty to detct~nirre whLther cr not it is in cpn.f'ot1t11ty rvjth rlle various cietaileci requirements of the AAA. It is possiYcle that a ~orr-pljance surve~~ ~~f the ptt`-pert~:, together' witlx a detailed analysis of the requirettlettts of tltc AD1~, could reve;lj t}~gt the property is tYOt irl compliance with one or more o;f the rc~tiirements of the ,lies. if so, this fact could lYatie a negatirre effect upon the value of the property, Singe titu appraisers have no direct evidencE relating to this issue, pc?ssiblz r-on~ct~nipliattc~: wjr,~ the requirements of the .FDA in estimating the value of the property has ricTt. beetf Cc~nsi dared. ~5~ Z0 39dd 2~JW Nt7IlSl78~S I~lI~ 6bZ0T85ZLL E5 ~60 L00Z/6T/60 FROM: Boyle and Drake, Inc. 3790 7th Terrace, Suite 202 Vero Beach, Florida 32960 Boyle and Drake, Inc. EIN 65-069-5555 Invoice/3ob No.: 14319.00 Invoice Date: 15-Oct-07 TO: Al Minner City of Sebastian 1225 Main Street Sebastian, FL 32958 Client Ref. Borrower's Name: Property Description: 1301 US Highway 1 Appraisal Fee: $1,600.00 Less Retainer.: $0.00 Balance: $1,600.00 COMMENTS: This invoice includes all costs associated with the services provided including data, client costs and production costs. Any questions concerning this invoice should be directed to Mr Boyle. Our phone number is 772-778-7577. All invoices are due within 30 days. The penalty for late payment is 1.5% per month plus billing charges Thank You for Your Prompt Payment--Boyle and Drake Inc. 772-778-7577 X53 (Sy att %'~° t10A+4E OF PELICPlPI IS[.PtPIiT AGENDA TRANSMITTAL Subject: Agenda No. ~~~ ~~ Indian River Drive -Main Street Change Order Department Orig' Cit Mana er Additional Parking Behind Chamber City Attorney: City Clerk: 'Vl. Date Submitted: 19 FEB 2009 Ap oved r ubmittal by: A i r, it Mana er Exhibits: Attachments EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: Per Council Action Per Council Action $0 SUMMARY After discussion at the February 11, 2009 Council meeting, a majority of Council requested that this item be placed on the next agenda as an action item. Enclosed for your review is the previous information as presented under the City Manager matters at the February 11, 2009 meeting. In addition, enclosed are two site plans which depict the approved construction plans (marked with a yellow highlighter in the compass rose) and a site plan with potential changes (unmarked). Please note that current handicapped parking construction is asphalt, not turf block as indicated on the site plan. RECOMMENDATION Seek direction from Council with regard to potential change order. i55 15~ INDIAN RIVER DRIVE/MAIN STREET PROJECT C0741 Direct Charges to CRA Fund Land Purchase 397,849.24 Appraisals on 806 Indian River Drive 10,000.00 Notices/Postage 779.75 Schulke for Design 190,061.25 598,690.24 Transfer to Project from CRA Fund: FY2007 215,401.00 FY2008 619,561.00 834,962.00 Transfer to Project from Recreation Impact Fees 500,000.00 Expected Proceeds from Florida Boating Improvement Grant 425,291.00 Expected Proceeds from FIND Grant 487,532.00 Total from All Funding Sources 2,846,475.24 Less Direct Charges to CRA Fund (Shown Above) (598,690.24) Current Budget for Project in Construction Fund 2,247,785.00 Charges to Budget for Project: Trash/Landclearing Public Notices Tree Consultation/Spraying Schulke for Construction Admin. Currently Available Balance for Project C0741 (1,799.24) (271.67) (865.00) (46,052.50) (48,988.41) 2,198,796.59 Total Project Cost Estimate is $1,936,972.46 Less $238,013.75 included for Design and Contract Administration Estimated Balance of Project Costs Available for Contingencies 1,698,958.71 499, 837.88 Ken Killgore 2/4/2009 l57 r58 CHANGE ORDER No. 1 PROJECT Indian River Drive and Main Street Improvement Proiect DATE OF ISSUANCE February 4 2009 EFFECTIVE DATE Februar~5, 2009 OWNER City of Sebastian OWNER's Contract No.Indian River Drive Main Street Improvement SBS Work Order No. 07-027 CONTRACTOR H & D Contraction Company, Inc ENGINEER Schulke, Bittle & Stoddard,LLC. Vou are directed to make the following changes in the Contract Documents: Description: Construct ten (I01 additional parking spaces behind the Chamber buildinc Aiiachment~: (i;ist documents svnttortinc chance) Attached quantity adjustment from bid dated 11/21/08 CHANGE IN CONTRACT PRICE CHANGE Ily CONTRACT TIME Original Contract Price 'Original Contract Times 1,193,903.02 Substantial Completion: 180 Ready for final payment: da s or dates Net. changes. from previous Change Orders Net change from previous Change Orders No. to No. No. to No. $ 0 0 days Contract :Price prior to this Change Order Contract Time prior to this Change Order 1,1.93.903.02 Substanfial Completion: 1.80 Ready for final payment: Days or dates Alet Increase (decrease) in this Change Order Net Increase in this Change Order $ 7 058.60. 2 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 1.,200.961.62 Substantial Completion: I82 Ready for final payment: da or dates APPROVED: ACCEPTED: Eng~n~ Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: '`,~ `~r¢~,~%~~'•:~ Date: Date: EJCDC No. C-700.(2002 Edition) Prepared by the Engineers Joint Contract Documents. Committee and endorsed by The Associated General Contractors of America. 159 `oo a m~ i in ,~ ~ N ,o~ b pd v s e s 3 /~0 ~~ ~~ .~ / ~ Y ~- / ~' ~.: ~~ I~ e(1 77FFCC f~Gf ~.. ~. ~ N i • p < i p'°` m _ ~ / ' +w. ~ 3,.Zf,~ .LAS ~ ~,_ i t . ~ . __ _ - -~ _~- ~ ~j \ _ ~ \ ~ ~ ~ ~~~ ~~ r t'~ No`k7' ~ W ~v ~o'_, U ~ ~ ,. ~ ~ ~~ ~~ ~ ~ ~ w ~ ~ ~~ , lJ J- ~ ~~` ~ ~~. ~ ,yZ „ AZ . _ 1 b ~ 8 ~ 66 0 0 ` (~ o ~ ~ ~ N. ~ N_... ~(~ ~ ~~{ p ~ ~f ~~ ~ ~ o ~ ~ ~ ~ ~ s8 o ~''F~ a ~ ~~isa ~ N /~ ~ ~ ~ ~ ~ f ~ ~ ~ ~ ,,~ i ~ ~~^ ~ ~ pC°~ttt~ °: z .Li, ~~ ,BMX F ~ ~ ~ i 59' gN ~5pt3 'n ~ -ai ~ 6,. s 4 ~N ..~ ..- ~~ ~} z ~~~. ` ~ ~ ~ ono ~SQQ5~~ ~mm~n~ '~' ~~ ~ ~ `~ ~. 4 p 515. \ qj '~ ~ . ~. ~ ? o ~; _ _ ~ ~ . ,: o J *.. h.., ~~ I ~/ d~~ o ~~~~dgL Sgt ~ ~ "' ~ ~3 ~/ ' . ~ , r . f ~o e l~/ 1 ra~c t vi t Alfred Minner _ __ _ _ _ __ From: Ken Jones [kjones@sbsengineers.com) Sent: Wednesday, February 04, 2009 7:35 AM To: Joseph W. Schulke, P.E.; Alfred Minner Subject: FW: Additional Chamber Parking Below is the confirmation from H & D .7feucetl~ rtU. ~oaee Canefiucctiarc .Maucagex Sc/i!ul~e, Billie d Slocldand, .C.CC ~bune: (772)770-9622 3acc: (772)770-9496 PLEASE NOTE: This information is provided solely for your convenience only; SCHULKE, BITTLE & STODDARD LLC makes no representations or warranties, either express or implied, as to its suitability for any specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or inadvertently through any number of sources. For this reason, SCHULKE, BITTLE & STODDARD LLC, its managers and or employees shall be indemnified and held harmless from any and all liability that may arise or result from the use of this information by your firm, employees, agents or sub-contractors. Any use of the file provided herein constitutes acceptance of the provisions stated herein. The information contained in this email is privileged and confidential and intended for the addressee only. If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated. From: Michael DiGiacomo [mailto:mdigiacomo@hdroadinc.com] Sent: Tuesday, February 03, 2009 11:17 AM To: Ken ]ones Subject: RE: Additional Chamber Parking I agree to the price, quantities, and time extension for the additional chamber parking. From: Ken Jones [mailto:kjones@sbsengineers.com] Sent: Tuesday, February 03, 2009 11:15 AM To: mdigiacomo@hdroadinc.com Subject: Additional Chamber Parking Mike Please send me an a-mail confirming you agree with Joe's change order breakdown and time for the 10 additional parking spaces behind the Chamber building. Thanks .7Ceeaeta~ ?U, ju~tea C'o~tabiuctia~c .Mancrge~lc Sclfu~e, Billie d Sladdand, .C.CC 9'R.one: (772)770-9b22 3asc: (772)770-9496 PLEASE NOTE: This information is provided solely for your convenience only; SCHULKE, BITTLE & STODDARD LLC makes no representations or warranties, either express or implied, as to its suitability for any specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or inadvertently through any number of sources. For this reason, SCHULKE, BITTLE & STODDARD LLC, its managers and or employees shall be indemnified and held harmless from any and all liability that may arise or result from the use of this information by your firm, employees, agents or sub-contractors. Any use of the file provided herein constitutes acceptance of the provisions stated herein. The information contained in this email is privileged and confidential and intended for the addressee only. If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated. I /4/2009 an a SEA~LAI~j ~~~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: Review Certain Procedures in R-09-05 Department Origin: City Clerk Cit Man City Attorney: Date Submitted: 2/20/09 For Agenda of: 2/25/09 Exhibits: R-09-05 SUMMARY STATEMENT City Council, at its February 11, 2009 Regular Meeting discussed 1) how items are carried forward to the next agenda when business is not completed and 2) what issues can be discussed by the public under the heading PUBLIC INPUT and asked that these topics be placed on a future agenda. I have provided a memo trying to explain how we carry items forward and which cites the sections of the current procedures resolution R-09-05 relative to these two issues. R-09-05 is also included in the backup for reference. RECOMMENDED ACTION Discuss and direct staff accordingly. i ~3 I~4 Some questions came up at the last meeting regarding procedures and I have taken the liberty of trying to answer them. 1) Why wasn't the heading PUBLIC INPUT carried forward to the beginning of the February 11th agenda from the last meeting since we didn't get to it? Your resolution R-09-05 setting procedures for Council meetings states: "All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to the agenda deadline for that next meeting, items are placed on a special meeting agenda" For many years we have followed the procedure that AGENDA HEADINGS are not considered business but specific AGENDA ITEMS are considered business, therefore only specific agenda items on the prepared agenda are carried forward. The argument that one member of Council had her item carried forward from the previous meeting and other Council members did not can be simply answered as follows: There was a specific agenda item listed under the heading "City Council Matters - Ms. Coy" on the previous agenda that we did not get to. No other Council matters were carried forward because there were no other agenda items listed under any other Council names. Similarly, the City Manager had a specific item listed under "City Manager Matters" that we did not get to. The other Charter Officers' matters were not carried forward because there were no other specific agenda items listed under those headings. It was suggested that perhaps we should return to a sign-up sheet for Public Input which would allow any member of the public to submit his or her name prior to the meeting and if individuals had their name(s) listed and then time ran out, those names would be carried forward to the beginning of the next meeting so those individuals could present their new business to Council. See below for explanation of what is allowed under heading of PUBLIC INPUT. 2) Under the heading of PUBLIC INPUT, why can't a member of the public speak on anything they wish even if the same subject they wish to discuss is listed under another heading on the same agenda? Your current procedures Resolution R-09-05 provides for a heading entitled "PUBLIC INPUT" (formerly known as INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC under a former procedures resolution) and the existing rule for PUBLIC INPUT is that it provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO C/TY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. The item that the individual was attempting to address was already listed on the prepared agenda under City Manager Matters. This heading PUBLIC INPUT is separate and apart from general public input which is allowed on any items listed under Consent Agenda, Public Hearings, Unfinished Business, and New Business. General public input is not allowed on any items listed under Proclamations, Brief Announcements, Committee Reports and Appointments, City Council Matters and Charter Officer Matters. My explanation in no way implies whether or not I agree with the procedures. These are Council's procedures established in 2007following your retreat and revised in 2009 to change MOMENT OF SILENCE to INVOCATION and remove CIVILITY PLEDGE. We have had many different agenda titles and procedures for public input over the years. This is just the latest set adopted by this Council. Iles i~~ RESOLUTION NO. R-09-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-08-09; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, the City Council at its January 14, 2009 Regular Meeting, reached consensus to make minor adjustment to the order of the agenda, replace moment of silence with invocation and remove the civility pledge which amend exhibit "A" of R-08-09. NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:30 p.m. and shall adjourn at 10:00 p.m. unless extended by a majority vote of City Council members present. All unfinished business at adiournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to the agenda deadline for that next meeting, items are placed on a special meeting agenda. B. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month. no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. C. Special Meetings for Other Purposes: Special meetings for purposes other than quasi judicial hearings may be called in accordance with the Charter of the City of Sebastian and shall begin no earlier than 5:00 p.m. Special meetings shall adjourn at 10:00 p.m. D. Quasi-judicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. E. Extension of Adjournment Time. A meeting may be extended beyond the time set for adjournment by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. j ~~ SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised* as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. (*language prescribed by Robert's Rules) The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Council Member must vote on all motions unless a Council Member has a conflict of interest. A Council Member may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, or move an item on the agenda and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote without need of amending this Resolution. Any public presentations allowed shall be placed under Public Input or New Business, unless at the discretion of the City Manager or the majority of Council an item is considered an emergency or timely matter. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any.. 5. Applicant presentation, if necessary. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be 2 ~~ stated in the record, or a continuance may be indefinite and subject to being renoticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except for individuals pivin_g or accepting proclamations or awardsl; Committee Reports and Appointments (except for committee members giving reports and applicants bein_g interviewed for committee appointments); and City Council or Charter Officer Matters. Council mav. by maiority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item, however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. C. Chair to Control Meeting. In controlling the meeting during public input, the Chair will take the following actions: 1. First Offense -verbal warning to move on. 2. Second Offense -offender is directed to be seated. 3. Third Offense (refusal to be seated or other disruptive acts) - offenderwill be asked to leave the premises. D. Appealing Decisions of Chair. Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. 1 E. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda SECTION 9. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing 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, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution merely provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules. A. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members The good cause shall be stated on the record. B. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-08-09. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member was seconded by Council Member ,and upon, being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of January 2009. < \~0 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 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. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for Public Hearings: Mayor opens hearing Attorney reads title Applicant presentation if necessary Staff presentation Public input Staff summation Mayor closes hearing Council action 11. UNFINISHED BUSINESS 12. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 13. NEW BUSINESS 14. CITY ATTORNEY MATTERS No public input under this heading 15. CITY MANAGER MATTERS No public input under this heading 16. CITY CLERK MATTERS No public input under this heading 17. CITY COUNCIL MATTERS No public input under this heading 18. ADJOURN (All meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution maybe suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record (Section 10) 1'11