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~~ ~~ "" ~,d,,~ q~1Br - - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 29, 2009 - 6:30 P.M. (rescheduled from July 22, 2009) 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 CALL TO ORDER 09.113 1 09.003 09.114 3-4 2. INVOCATION -Pastor Clifton Cooley, Calvary Baptist Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City 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. A. Proclamation -Honoring Indian River County Sheriff Deputy Teddy Floyd B. Certificate of Appreciation to Lynn Albury, Natural Resources Board C. Presentation by Himanshu Mehta, IRC Solid Waste Disposal District -Sebastian Electronics Recycling Day -August 1, 2009 (7/14/09 Memo) D. Other Brief Announcements by Council Members 5-7 9-18 09.115 19-22 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 City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes -July 8, 2009 CIP Workshop B. Approval of Minutes -July 8, 2009 Regular Meeting C. City of Sebastian Sponsored -Summer Jam Park Use Request (City Manager Transmittal, Application) 09.040 D. Authorize Mayor to Execute Bill of Sale of Utility Facilities to Indian River County 23-27 -Main Street/Indian River Drive Improvement Project Water and Sewer Components (City Manager Transmittal, Bill of Sale) 09.116 E. Authorize Acceptance of Office of Justice, Recovery Act, Edward Byrne Memorial 2s-43 Justice Assistance Grant (JAG) Formula Program: Local Solicitation Award #2009-SB-B9-2156 in the Amount of $22,547 for Acquisition of Wireless Ticket Writing Technology - No Cost to City (HR Transmittal, Award Documentation) 09.117 F. Authorize Purchase of Wireless Transmitter with Recorder from Law 45-51 Enforcement Associates in the Amount of $8,485 from Police Forfeiture Account (PD Transmittal, Chief's Letter, Three Quotes) 8. 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. 09.003 A. Natural Resources Board 53-60 i. Interview, Unless Waived and Submit Nominations for Vacant Unexpired Position to Expire 7/1/2011 (Clerk Transmittal, Application, Member List, Press Release) 09.002 B. Parks & Recreation Advisory Committee s1-s8 i. Interview, Unless Waived and Submit Nominations for One Expired Position to Expire 5/31/2012 (Clerk Transmittal, Application, Member List, Press Release) 09.056 C. Citizens Budget Review Advisory Board 69-76 i. Report by Chairman Herlihy on FY 2010 Proposed Budget (Report) 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. 12. NEW BUSINESS 09.056 A. Certification to Set Maximum Fiscal Year Millage Rate (Administrative Services 77-84 Transmittal, Forms DR-420, DR-420 MM-P, DR-420 TIF) 09.112 B. Resolution No. R-09-28 -Approval of Six Year Capital Improvements Program 85-115 for FY 2010-2015 (Administrative Services Transmittal R-09-28, Program) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2010-2015; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE. 2 09.118 C. Resolution No. R-09-25 Calling November 3, 2009 General Election (City 117-121 Clerk Transmittal, R-09-25, Ad) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A GENERAL ELECTION IN THE CITY OF SEBASTIAN FOR NOVEMBER 3, 2009; STATING WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN ACCORDANCE WITH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 09.048 D. Tax Abatement Incentive Referendum -November 2009 or 2010 -Direct Staff 123-134 (City Clerk Transmittal, R-09-11 Economic Development Plan) 09.119 E. Political Signs - LDC 54-3-16.5(4)(d) Provision Re: Thirty Day Time Limit for 135-139 Placement Suspended Indefinitely by Council Motion in 2008 -Direct Staff (City Clerk Transmittal, 8/27/08 Minutes Excerpt) 09.017 F. Review and Set Bi-Annual Goals for Charter Officers As Required by Resolution 141-145 R-07-31(City Clerk Transmittal, January 2009 Goals) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 09.021 A. Billboard Update (Transmittal, Renderings) 147-151 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Cov 09.120 A. Parking for Future City Events (No Backup) C. Council Member Simchick D. Council Member Wolff E. Mayor Gillmor 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. 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. 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: August 12, 2009 -Regular Meeting - 6:30 pm August 24, 2009 -Council Budget Wo-lcshop - 6 pm August 26, 2009 -Regular Meeting - 6:30 pm 3 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 headincLs: / 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. A SIGNUP SHEET IS LOCATED ON THE BACK TABLE FOR ANYONE WHO WISHES TO SIGN UP TO BRING NEW BUSINESS TO THE COUNCIL. IN THE EVENT A MEETING IS NOT FINISHED AND WE DO NOT GET TO "PUBLIC INPUT", AND YOU HAVE SIGNED THE SHEET, YOUR NAME AND SUBJECT WILL BE CARRIED TO THE BEGINNING OF THE NEXT AGENDA. Any provisions of the procedures resolution maybe suspended for good cause by affirmative vote of at least three Council members. The good cause shall be stated on the record. 4 ~~~-''~N h HOME OF PELICAN tSIAND Indian River County Sheriff Deputy Theodore "Teddy" Floyd WHEREAS, Sheriffs Deputy Theodore "Teddy" Floyd, a deputy with the Indian River County Sheriffs Office for nearly twenty years, started out early in life as a winner. He was born in Orange Park, Florida and graduated from Orange Park High School where he was honored with awards for Mr. Congeniality, All State Football, Gateway Conference Player of the Year and many other football and track trophies and ribbons; and WHEREAS, Deputy Floyd attended Florida A & M University in Tallahassee where he received his Bachelor of Science degree in Criminology, and Jacksonville Theological Seminary where he received his Masters Degree in Theology; and WHEREAS, Deputy Floyd has been honored over the years as Pilot Club Officer of the Year, Pilot Club Traffic Safety of the Year, Pastoral Law Enforcement Man of the Year, Elks Club Man of the Year, and 10o Men's Club Man of the Year for Law Enforcement. He is an active member of C.O.P.E., Progressive Civic League of Gifford, NAACP, and Habitat for Humanity, and is active with Little League Football and Basketball and Sheriff Explorers; and WHEREAS, Deputy Floyd was honored in February 2009 by Governor Crist for his tireless efforts in mentoring youth about the dangers of drugs and making right choices; and WHEREAS, in Sebastian Deputy Floyd has volunteered his time to distribute food to the needy during Thanksgiving and Christmas at our local Walmart, works with area youth on crime prevention and sports programs, and volunteers with the Boys and Girls Club; and WHEREAS, Deputy Floyd is all about public service and he selflessly and continuously gives of himself for the betterment of our citizens, builds community spirit and improves conditions for the people who live and work here, and Indian River County is a better place to live because of him. THEREFORE, I, Richard H. Gillmor, by virtue of the authority vested in me as Mayor of the City of Sebastian, and on behalf of the Council and citizens of Sebastian, do hereby commend Deputy Teddy Floyd for his selfless contributions to the City of Sebastian and Indian River County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 29th day of July 2009. Richard H. Gillmor, Mayor ~~ INDIAN RIVER COUNTY ~~tvF~\ SOLID WASTE DISPOSAL DISTRICT q `,o\y11 !~ J BOARD MEMORANDUM ~~c~c`' Date: July 14, 2009 To: Joseph A. Baird, County Administrator Thru: W. Erik Olson, Director of Utility Service From: Himanshu N. Mehta, P.E., Managing Director, Solid Waste Disposal District ~~•~• Subject: Public Announcement for Sebastian Electronics Recycling Event on August 1, 2009 PUBLtC ANNOUNCEMENT: The staff of the Solid Waste Disposal District (SWDb) is pleased to announce to the SWDD Board and to the public that the Sebastian Electronics Recycling Event will be held on Saturday, August 1, 2009, from 9:00 am to 3:00 pm behind the Sebastian City Hall on Main Street. The event venue is hosted by~the City of Sebastian and is free to all residents of Indian River County. These events provides a great opportunity to bring outdated computers, televisions, and consumer electronics and to keep electronics waste and its hazardous components out of our landfill. Earlier this year in Vero Beach, we collected over 50,000 pounds or 25 tons of unwanted electronics. Nearly 800 cars visited the event and we passed out over 200 recycle bins. AERC Recycling Solutions will provide staff to collect and transport the electronics to their facility in Melbourne, Florida, where they have aZero-Waste-to-landfill policy and will disassemble and recover components for resale and recycling of metal, glass, and plastics. AERC will provide a certification of recycling for the event and have a strict policy to remove and erase all computer files, software, or other information contained on electronics. The event will be co-hosted by Keep Indian River Beautiful (KIRB) as part of their scope of services with SWDD. Kristina Sturdivant, Executive Director of KIRB, and staff will provide educational and recycling information to the public. In addition, KIRB staff will provide recycling bins to residents that need new or replacement bins. FUNDING: On December 16, 2008, the SWDb Board authorized $7,000.00 which included a $1,500.00 fee to AERC to cover both the January and August electronics recycling events, a $500.00 fee to the Indian River Mall and authorized an additional cost of $10.00 per television collected at these events. At the January 2009 event, we collected approximately Z00 televisions, and therefore, there is approximately $3,000.00 remaining to cover the expenses for this event in Sebastian. Funding is available in the Recycling -Other Professional Services Account No. 41125534-033190. ATTACHMENT; Sebastian Electronics Recycling Event Flyer (1 Page) APPROVED FOR AGENDA: Indian River Co. Approved Date ~y' Administration '1 ~(~ D oseph .Baird, County Administrator SWDD Director For: (~ Budget 7 ~, f Dat Legal _ SWDD Agenda - Public Aunouneement for a-Event 080109 Page -1- V .. 0 D _~ ~ ~, ~ ~ ~ ~ ~ N ~' ~' ~ ' 45 ~ ~, a a ~' ~ ~ ? o °' ~ ~ ~~,, _ ci ~ o ~° ,~ ~ r ~ ~ ~ ' z ,,~ > r ~ ct ~ N t V ~ C ~ ~ CS c ~ ~:J 7 ~~x '~ a~.~ r~ ~ ~~~`~~~-Z'~ ~°'O3o Cho` ~ ~ .~ .~ c~ o~ m o> o a~ _'-',;.: ~ ~-- ~_ ~~"'"~ r' ~ ~ ~ 0...~W 2' 2 cn cdi ~ iii ~ ~ ~ U ~ ~~ 1 ~' '~" 2' -~ rte. ~ r ~ ^~r ~ `' ~ ~ ^ _ { ~~.~ `y...C~ll- . ]..- : ~ ~ ~- /o/ff~ ~ ~ U N ~ ` ~ V > U s.!~ ~~ ~~ 3 : ~ ~ Q C ~ ,n N.: N ti ~ ~; 4rm_ti1...1 •i i~ ~ . ~' w w U Q a a~ a~ a O Q) C5 0 . ~ • U v o .a~C ~ 0 3 ~ ._t ~~ p 1 ©~ (~ .O. Q U _ ~- ~ T.----•'-Y'~-~'~ .~ n' _ ~ at Eli ~^k q ~ ~ ~ ~ 'S Via. ~ Q ~ lJ! ~..Fn Y , v W W ~" ~.~r.". ^, =..s~ w? ~? -+--x,~?QQ~~-~s-vUU'vvvvvoo _. l 1"'_ ~-.= _ _ AST _.~... r__s_~. ... ~ _., .. ~ ~_ % ;s-: =ter:-~~~; P~-T~~. -: oF~_~ ra_; _ ~~r _ v, p - ' :S2 y-- ~-~ , L N ~~ _ _: ~~ ' ~ 3 u~ . , ~ a ~, _- ~ ~ v ~~ a~i _ ~; -- ~ ~. - '3: o a o. _ ~. ^. -J C },. 7'y 5 an or SE T~~+I HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL CAPITAL IMPROVEMENTS PROGRAM WORKSHOP MINUTES WEDNESDAY, JULY 8, 2009 - 5:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Workshop to order at 5:30 p.m. 2. The Pledge of Allegiance was recited. 3. 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 Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Police Chief, Michelle Morris Police Captain, Bob Lockhart Police Captain, Greg Witt MIS Senior Systems Analyst, Barbara Brooke-Reese 09.112 4. CAPITAL IMPROVEMENTS PROGRAM A. CITY MANAGER PRESENTATION The City Manager began his PowerPoint presentation (see attached) stating the CIP had been favorably recommended by the Planning & Zoning Commission and their comments are in minutes. He began by explaining the difference between the General Fund and Capital Improvement Program (CIP) revenues. He explained the General Fund which is funded by ad-valorem taxes, franchise fees and utility taxes and covers services such as police, roads, mowing the grass, personnel and make up approximately 85% of the budget. He further explained CIP Funds, designated by Statutes and which include discretionary sales taxes, motor fuel taxes, storm water utility fees, recreation impact fees and Capital Improvements Program Workshop July 8, 2009 Page Two incremental property taxes which for the most part are in the bank and now is the time to spend because it is a buyer's market and contractors are ready to work. He said that although there is a reaction not to spend money in these hard economic times, spending available monies for CIP projects can actually stimulate the economy, and most have little impact on the general fund. He said other than the Golf Course club house, he had proposed projects that don't need personnel support, noting for instance if you were to build a park it will require maintenance and support. He listed CIP accomplishments: Indian River Drive/Main Street Improvements, Easy Street Improvements, the Hangar Project, the Pedestrian Bridges, the Twin Ditches, Quarter Round Drainage, Sidewalks, Periwinkle Retention, and the Stonecrop Crossing. He continued with the active projects to include Collier Creek, Barber Street Resurfacing, the Dog Park, Beautification of CR512, Potomac and George Street Crossing and the Tennis Court at Schumann Drive. The City Manager said the new projects proposed were: Splash pad perimeter roofing, Cavcorp lot turf block paving, Powerline Road design, and moving the City garage. He went on to explain the Golf Course debt payment is about to retire in 2010 and the bond could be renewed to construct a new club house and expand the tee box. He noted the bond payment would come from Golf Course user fees. He mentioned one project that should be planned for is to place the electric lines underground in the CRA district. He displayed pictures with and without the overhead lines noting it would add ambience to the district. The City Manager said recurring CIP debt needs to be paid first and includes the debt on City Hall, the storm water bond series, Golf Course note, the street project, continuing to change out ten police cars a year which this year may include some hybrid cars, the quarter round project, ditch maintenance, street light costs, and our pledge for the Go- Line bus service. B. PUBLIC INPUT Sal Neglia, Sebastian spoke on the need for a community center. Joe Scozzari agreed with Mr. Neglia and suggested using the retiring golf course note for the community center. Don Wright, 720 N. Fischer Circle, said any project not essential at this time should be postponed until the economy changes. He noted there is financial risk in taking on new debt. Damien Gilliams, 1623 U.S. Highway 1, commended the City Manager for receiving grant monies for some of the projects, hoped that money be set aside to create a grant department, suggested a roof over the Schumann Drive basketball court, said the CAVCORP parking lot could wait, said the current club house should be remodeled, said now is not the time to bury the electric lines in the CRA district, said police cars don't need to go over 55 mph, suggested allowing electric golf carts throughout the City. C Capital Improvements Program Workshop July 8, 2009 Page Three He said the City missed the boat on purchasing the old Walmart property at $2.7 M to build a new community center. Ms. Coy said for the record the old Walmart property was offered to the City at $3.3 M. C. COUNCIL DISCUSSION Mr. Hill said this was a good proposal, that the golf course is a great asset to the City but he saw some wants and not needs, noting we are getting out of debt and should not risk taking on new debt when citizens are not buying new cars, did not think burying the electric lines was appropriate at this time and may be risky. He said we should go through each proposal and decides which are worthy. Ms. Coy said she couldn't agree more that this is not the year to go into extra debt during uncertain times, said it was probably not the year for the clubhouse or underground lines, but would like to have discussions on moving the garage. Mayor Gillmor said he agreed with not seeing the need to bury the underground utilities, said our community center is woefully insufficient and if we are going to talk about moving the garage he would like to see a community center here, noting it would attract boat shows, home shows that we don't have now. Ms. Simchick said the City Manager's presentation was the best one yet, noted the MPO takes 6-8 years to get a road built and now is the time to earmark funds, discussed relocation of garage and said before we build a community center, let's discuss what type we want; recommended postponing the CAVCORP lot, and said she did not want to take on new debt at the golf course. She suggested using monies for the CAVCORP lot to put the electric lines underground which will help during storms and is more important than a new community center. Mr. Wolff also thanked the City Manager for his presentation and reminded everyone that once something is built it will impact the general fund by requiring operation and maintenance such as a community center. He noted people come to Florida to fish and golf, agreed it is a buyer's market, that it would be at least a year before we would move on the golf course and we have a fantastic opportunity to update what we have. He noted that with the underground utilities, America's power grid is undergoing transformation and he would have great trepidation in undertaking a project without understanding what will happen in the next ten years. He asked if we are going to consider moving the garage we need to decide where would it go, how much would it cost, what would it be replaced with and he pointed out that whatever moves forward, it should be asked what impact the taxpayer will have. The City Manager said he has received enough input to get a good tally on what should be included in the adoption of the CIP resolution at the next meeting. 5. Given the workshop intervened with the 6:30 scheduled Council meeting; Mayor Gillmor adjourned the workshop at 6:39 p.m. ~.J ~J ~m S~~~T ,_. ~~ _~ w ~- _.-;-,~- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 8, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:53 p.m. 2. Father John Morrissey, St. Sebastian Catholic Church gave the invocation. 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 Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Police Chief, Michelle Morris Police Captain, Bob Lockhart Airport Director, Joe Griffin Finance Director, Ken Killgore Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Human Resources Director, Debra Krueger Public Works Director, Jerry Converse MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager requested removal of item 12B. MOTION by Mr. Hill and SECOND by Ms. Coy to remove item 12B carried on a voice vote of 5-0. 0 Regular City Council Meeting July 8, 2009 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certifrcates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 09.108 A. Proclamation - Motorcycle Safety Awareness -ABATE Members Accepting 1 Mayor Gillmor read and presented the proclamation to members of ABATE, who briefly addressed the audience on the importance of motorcycle awareness. Brief Announcements Ms. Coy thanked the Lions Club, the City and all the volunteers who made the 4th of July a great event. Ms. Simchick announced the Indian River Drive/Main Street Improvement Project Ribbon Cutting on July 11th at 9 am. Mayor Gillmor added a thank you to all the people who cleaned up so quickly after the 4th of July event. 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 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 recogni2ed. 3-~ A. Approval of Minutes -June 17, 2009 Special Meeting s-~s B. Approval of Minutes -June 24, 2009 Regular Meeting 09.040 C. Approve Indian River Drive/Main St. Improvement Project Change Order #6 in the 17-22 Amount of $23,021.22 for H 8~ D Construction Company, Inc. -Catch Basin Removal/Replacement and Related Swale Re-Grading North of Project Site on Indian River Drive (PW Transmittal, Summary of Change Orders, Change Order #6) 09.109 D. Approve Transfer of $200,000 DST Funds from Blossom Ditch Project to Quarter 23-25 Round Project to Complete Current Quarter Round Section (Public Works Transmittal, Cost Breakdown) 09.110 E. Approve Alcoholic Beverage Use at Community Center for Esolen Anniversary 27-32 Party on August 15, 2009 from 4:30 pm to 10:30 pm (Parks Transmittal, Application, Officer Services Form, Receipt) MOTION by Mr. Hill and SECOND by Ms. Coy to approve items A through E of the consent agenda. Result of Roll Call: Ayes: Hill, Coy, Simchick, Wolff, Gillmor Nays: None Passed 5-0 f ~ 2 Regular City Council Meeting July 8, 2009 Page Three 8. 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. 09.003 A. Natural Resources Board 33-38 i. Interview, Unless Waived and Appoint Regular Member Position with Term to Expire 7/1/2012 (City Clerk Transmittal, One Application, Member List, Ad) Current Member, Robin Graves briefly addressed Council, and being the only applicant, was then reappointed to a new three year term. She reported she had been appointed as Chair at the last meeting of the Board. 9. PUBLIC HEARINGS Procedures for public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public Input • Staff summation • Mayor closes hearing • Council action Anyone wishing fo speak is asked to sign up before the meeting, when called, go to the podium and state his/her name for the record. 09.101a A. Ordinance No. 0-09-09 - Mustacchia Property Annexation - 3 Acres West of US 39-58 1 Between Shady Rest MH Park and St. Sebastian Church (Growth Management Transmittal, 0-09-09, Map, Staff Report, Letter of Request) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09) Mayor Gillmor opened the public hearing and the City Attorney briefly explained the first two hearings were legislative and the third was quasi-judicial. He then read Ordinance Nos. 0-09-09 and 0-09-10 by title only. The Growth Management Director noted the applicant has agreed to pay the cost of legal ads and mailing to adjacent property owners, and recommended approval based on consistency with applicable requirements. Mayor Gillmor called for public input. Damien Gilliams questioned why Sonic couldn't afford to pay the $3,300 application fee, and said there are problems with Growth Management staff connections to the applicant. Ms. Coy said she objected to him becoming personal. Mr. Gilliams said he did not mention names, and Ms. Coy asked him to stick to the issues. Mr. Gilliams continued saying if the buck stops with the City Manager than he should pay the application fee. He said waiving the fee was not the right thing. 3 j~ Regular City Council Meeting July 8, 2009 Page Four Joe Scozzari, Sebastian, said at the last meeting he heard the statement, "It's only thirty- seven hundred and fifty dollars ....," said he reviewed some tapes and heard similar statements repeated. He questioned how much has slipped through the City's hands over the last few years. John King, representing the applicant, noted Sonic is not the applicant but is interested in the property and if they do buy the property, they will bring 65 jobs, and sought after economic development. The Mayor asked the record reflect there was ample time for the public to provide comment on this item. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-09-09. Result of Roll Call: Ayes: Hill, Coy, Simchick, Wolff, Gillmor Nays: None Passed 5-0 09.101 b B. Ordinance No. 0-09-10 - Mustacchia Property Land Use Amendment - 3 Acres 59-74 West of US 1 Between Shady Rest MH Park and St. Sebastian Church Growth Management Transmittal, 0-09-10, P & Z Minutes, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICAITON OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW-DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09) The title was read under the previous item. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-09-10. Result of Roll Call: Ayes: Coy, Simchick, Wolff, Gillmor, Hill Nays: None Passed 5-0 /z 4 Regular City Council Meeting July 8, 2009 Page Five 09.101 c C. Ordinance No. 0-09-11 - Mustacchia Property Zoning Amendment - 3 Acres 75-87 West of US 1 Between Shady Rest MH Park and St. Sebastian Church (This issue is Quasi-Judicial) (Growth Management Transmittal, 0-09-11, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI-FAMILY, UP TO 6 UNITS PER ACRE (RM-6) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09) Mayor Gillmor opened the public hearing and the City Attorney read Ordinance No. 0-09-11 by title. There was no ex-parte communication to disclose by the Council. The City Clerk swore in the Growth Management Director and the applicant's representative, Mr. King. The Growth Management Director again recommended approval based on consistency with applicable requirements. Mayor Gillmor called for input in favor and there was none. He then called for input opposed. Damien Gilliams asked if he heard correctly, that Sonic will provide 65 jobs which he couldn't believe. He offered to eat ten hamburgers in front of Council if this is true. Ms. Simchick noted this was not really an objection to the rezoning request. Mr. Wolff asked the Growth Management Director what safeguards were in place for the City to ensure everyone was contacted about this request. The Growth Management Director said staff took a good look at that, given the comments from the last meeting, noting the code requires notifying everyone within 300 feet but staff always notifies residents up to 400 feet as a matter of practice, and there is the public notice online and in the Press Journal. Mr. Wolff asked if there was any response from the Catholic Church. The Growth Management Director said they did not hear from the Catholic Church but during site plan there might be a symbiotic relationship, because the Church may benefit from proposed drainage. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-09-11. For the record, Mayor Gillmor asked the Growth Management Manager to go over the costs the applicant was willing to cover again. 5 /~ Regular City Council Meeting July 8, 2009 Page Six She said the owner agreed to pay for the first and second advertisement costs as well as the mailing to the surrounding residents as outlined on circle page 57. Ms. Coy thanked the applicant for covering the expenses, noted when Council passed the economic development plan last March, it gave the authority to waive application fees, and pointed out this will help the City's tax base. Result of Roll Call: Ayes: Simchick, Wolff, Gillmor, Hill, Coy Nays: None Passed 5-0 10. UNFINISHED BUSINESS -None 11. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. Mrs. Lisanne Robinson, 1125 US Highway 1, said her van and cat were recently hit in her U.S. 1 swale, she has a major problem with the swale as people have told her that they are afraid to stop at her home and business. She said she has been requesting assistance from Council over the years and has taken it upon herself to contact Florida Department of Transportation (FDOT) for protection and safety. She explained there is a FDOT Local Planning Agency which distributes funding for pathways, bikeways, sidewalks, and landscaping. Mrs. Robinson said the first step is to have Council consensus that they want to apply for this funding, then the City becomes certified and submits drawings and concepts of what the City would like to do. She said this would be traffic calming and conducive to public safety and hoped Council would be interested. Mr. Hill offered to look into it. Ms. Simchick said as an MPO member, the planning for greenways and paths has gone through for U.S. 1 but it would not be a problem if Council requested staff to look into this. Mr. Hill asked the City Manager to get specific funding details from Mrs. Robinson. Joe Scozzari said a businessman in the community gave the City a big, black eye by charging the public to park during the fourth of July festivities. Damien Gilliams said he was probably the guy that gave the City a big black eye because his kids leased the old Walmart parking lot, obtained an occupational license and insurance to charge parking fees to practice being entrepreneurs. Mr. Gilliams said his kids would like to donate some of the money to the City providing a Citizens Academy is started and he presented a check on behalf of the / ~ 6 Regular City Council Meeting July 8, 2009 Page Seven property owner, Mr. M.C. Miller, Damien Gilliams, Jr., Casey Marie Gilliams, and Emerick for $400.00. Ms. Coy asked the Mayor not to accept the check and hear the rest of the story. Ms. Simchick asked the City Attorney if they should accept the check with conditions imposed. The City Attorney advised the check could be given to the Clerk and held in a separate account while Council makes a decision on accepting the check, or Council can just accept it, or reject it. Mr. Gilliams withdrew the offer. Ms. Coy said Mr. Miller had passed away two weeks ago. Mr. Gilliams shouted something from the audience and Mayor Gillmor gave him a first warning. Ms. Coy continued that she had learned that Mr. Gilliams had a verbal agreement with Mr. AI Hillbrick that any money left over was to be donated back to the company so they could donate it to a charity in Mr. Miller's name. Ms. Coy said she received a lot of complaints regarding the parking fee and suggested the City partner with the County for the next event and purchase insurance so this doesn't happen again. She said it was a civil matter, Mr. Gilliams was entitled to do it, but there were a lot of hard feelings; and Council could do something next time so people don't have to be surprised. In response to Mr. Wolff's question as to why she called the check blood money, she explained Mr. Hillbrick was in a very trying time and he was told some things that weren't true such as Mr. Gilliams had done this before, and had insurance which she noted remained to be seen. She also said she thought it was dangerous for children to park cars, there was no advertisement, people thought the money was going to the Sharks (football team), and there was no parking for the Country Ham and Egg employees as had been allowed by Mr. Hillbrick. She said she believes Mr. Gilliams was trying to make up for the disturbance that he caused and she would prefer not to be a part of it. Ms. Simchick said it was clear that people thought the money was going to the City and a handicapped woman complained to her that she couldn't understand why the City was charging to park on City property. She said she didn't want to take away from the Gilliams children's sentiment but it would not have been such a difficult day for her and Ms. Coy if he had made what was happening more clear. Mr. Gilliams said he had leased the property from Clark Olmstead in the past, Mr. Miller had not passed away at the time of the deal, Mr. Hillbrick asked that there be a donation to Mr. Miller's foundation, however his secretary told him that morning to do what he wanted with the money. He further explained that his kids did not park vehicles, only collected money and then in accordance to Mr. Hillbrick's request they cleaned the property after the festival. He also said there was parking for Country Ham and Egg employees as well as the Sheriff's office. Ms. Simchick said it would have been nice to receive a call on this as Mr. Gilliams knows where to find them when he needs them. She asked him to thank his kids for what they did and said she would be in favor of taking the City Attorney's advice in holding onto the check until Council decides what to do. Mr. Gilliams said he first needed to report back to Mr. Hillbrick. /5 Regular City Council Meeting July 8, 2009 Page Eight 12. NEW BUSINESS 09.103 A. Request for Removal of Two Liens for 111 Arcadia and Two Liens for 1245 89-104 George Street (City Manager/Code Enforcement Transmittal, Property and Lien Documents) The City Manager said this item was rescheduled for this evening to accommodate Mr. Morton's attorney. Jeff Morton said he was in the business of buying foreclosures, fixing them up and putting them back on the market. He-explained that he tried to pay the mowing lien on the Arcadia property in January and nobody at City Hall knew what to do. He said he closed on the George Street property and paid the lien but he would not do as well on the Arcadia property and asked to split the difference on the Arcadia property with the City. Mr. Hill and Mr. Wolff asked why the City did not take the money in January. The City Manager said he was not sure and then read from the transmittal that Mr. Morton indicated he would pay the liens when he sold the property which was a little different than what he just presented. MOTION by Mr. Hill and SECOND by Mayor Gillmor to waive the interest from February until now and accept Mr. Morton's check for the lien on 111 Arcadia passed with a voice vote of 5-0. 09.111 B. Authorize Staff to Initiate Golf Course Club House/Tee Box Expansion/Partial 105-107 Irrigation Improvement Project (City Manager Transmittal, GC Fund Projections FY 2010-2015) Removed under agenda modifications. 13. CITY ATTORNEY MATTERS -none. 14. CITY MANAGER MATTERS The City Manager asked to wrap up the billboard campaign. He distributed pictures of the three concepts: Unspoiled Paradise, Play in Paradise, and Join the Crowd to see which pictures Council preferred. (see attached) Ms. Simchick said she did not like the partial silhouette of Paul Kroegel on the background of the Unspoiled Paradise billboard. She said she likes the sunrise picture of the Kroegel statue on the cover of the book Special Places better than the depicted picture. Ms. Coy said she liked the sunrise picture but it wasn't working for her in the layout. She liked the pelicans in flight and the kayak pictures. Mr. Hill also liked the low flying pelicans and the children in the kayak pictures. He said he trusts the City Manager will pick a better sunset picture. /~ Regular City Council Meeting July 8, 2009 Page Nine The City Manager said he will immediately get the Play in Paradise and Join the Crowd billboards up. Ms. Coy and Ms. Simchick suggested a morning sunrise picture. The City Manager said the first two billboards will go in both directions on Interstate 95. 15. CITY CLERK MATTERS -none. 16. CITY COUNCIL MATTERS A. Mavor Gillmor -none. B. Vice Mavor Hill Mr. Hill thanked everyone that made the Fourth of July such a spectacular celebration and it was wonderful to see everyone in our small town. C. Council Member Coy Ms. Coy asked Council if they would entertain leasing Mr. Hillbrick's parking lot on the next agenda. There was no objection. Mr. Hill remembered he would not be present at the next Council meeting and asked if the adoption of the CIP could be put off to another meeting or change the meeting date. Mr. Wolff also said he would be absent from the next meeting. The City Manager advised the DR420 form to set the maximum millage amount allowed for the TRIM notice was to be on the next agenda and if they wanted to be present for that, he suggested a special meeting should be set. The Clerk advised three affirmative votes would be needed in accordance with the Charter. Mr. Hill asked if the 22"d meeting could be moved to the 29th. The City Manager advised there is some Board of Adjustment advertising to consider. The Clerk suggested they do a Board of Adjustment meeting on the 22"d and the regular meeting on July 29th. Ms. Simchick asked if they were required to have the meetings on the set dates, and the Clerk said the Charter requires at least one meeting per month. There was general consensus to the recommendation and no objection. D. Council Member Simchick Ms. Simchick said she has been receiving compliments regarding Joe Griffin's economic ambassador efforts at the Airport. She thanked him, the City Manager and the Growth Management Director. 9 ~7 Regular City Council Meeting July 8, 2009 Page Ten E. Council Member Wolff None. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:12 p.m. 10 l~ C17Y Oi ~ a ~~~?~ HOME OF V PEL[~AiV ISU4ND AGENDA TRANSMITTAL Subject: Agenda No. ~~ , < City of Sebastian Sponsored -Summer Jam Department Origin: City Manager Park Use Request City Attorney: r~--~~ City Clerk: ~. A ro f r Submittal by: Date Submitted: 23 Ju y 2009 n r, Cit Mana er Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $500 $0 $0 SUMMARY Several weeks ago Mayor Gillmor spoke to me concerning the idea of the City hosting a "Summer Jam Session". The concept is to continue the popular "Concerts in the Park" series hosted by the Chamber of Concert. However, it is not the intent to compete with the Chamber, but rather complement the popular series by hosting a series of events in the summer which continue to promote local business, music talent and community. The event invites local bands and musicians to Riverview Park for an "open concert" in order to provide them a venue, stage, equipment and place to play. Chris McCarthy and Frank Losardo will host and direct the event. Event outlines are as follows: 1. City will provide a Concert P.A. and a donated a drum set, guitar amp and a bass amp at no additional cost for this first effort. 2. Three Radio stations will be promoting the event. One in Vero Beach, one in Port St. Lucie and one in Melbourne. 3. East Gate Productions is handling all other media promotions, including Newspaper coverage. 4. Food and other vendors at the event, arranged by City. Attached hereto is a Park Use request to inform Council and seek approval of the idea. Upon Council approval, the first Summer Jam will be scheduled for Friday, August 14, 2009 from 5 PM until 10 PM. Other dates for the request are Friday, September 25, 2009 and Friday, October 23, 2009. RECOMMENDATION Approve City of Sebastian Park Use request for Summer Jam Session and waive park use fees. /9 zo CITY OT _ rCAOllum~ 0-ifOfV6E a'?. F PELICArd pST.14T~dLD 1225 Main Street, Sebastian, Ft 32958 Telephone (772)589-5330 - Fax (772}589-5570 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Park Event - 50 to 300 Attendees X50.00 Application/Permit Fee Please check the appropriate Box: or Special Event - 301 or More Attendees $100.00 Application Fee Date : TGIF-`1' Z3 , 2.Oo Name of Permi ttee : ~• tT'{ (7 ~= SC'.-~~+~k~T-1-9'1~ . Permits May Only be issued in the Name of an Adult or Legally Organized Organization Address.: ~aa,.s M~ (PJ .s(~ rJ~B~'S t l~~ ~ - ~~" ~-. ~JZ~t~~ Mailing Address: 5(/ql^~'~. Telephone: ZZ.g'" ~ l~`s~-{ Name of Organization or Group : ~ iT~''t ©r SE j?~1gS l f Fg/~ Reason for Use : S ~~IN``L.(.Z ~{(~ Wl S~ SS\ ~N Requested Date(s) ~~~+ ~~ t' S~r'PT ~S ~~ i a~ Z-~17~. Rain Date: Time of Use: From: ~ P ~ To: l ~ ~f~'< Will there be any sate of goads? Yes No_ If yes, please describe type of goods on back. Food or other types of vendors? Yes ~, No If yes, please list name, address and type of vendors and schematic of any structures to be erected or otherwise assembled on back.° I , ~Y~~1 S ~C~d.~Ty'~-~! the undersigned, acknowledge that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar with the general rules and rejulations prescribed by the City and agree to the terms of the permit. ('~~~/~ ~~ ~~ ~~ y,~ ~~/~ ,~ Applicant/Agent Signature O f f i c e Use Only : ~~ ,~~. S ,~- (2„Ee ~ 51J~.P-~-~ Permit Fee Paid Date Initials z~ Park Application Continued - If Required List an vendor information and/or schematics on this a e. NAME ADDRESS TYPE Schematic: OFFICE USE ONLY: 5 ecial Conditions of Nernnt as Kequested by City Manager zz C11Y OF ,,,.~ ,: ~@{3t,~E Ctf PELICAN €SLliNl~ AGENDA TRANSMITTAL Subject: Agenda No. ~~ , ~ ~# Bill of Sale of Utility Facilities to Indian River County. Department Origin: City Manager Ap ov o Submittal by: Finance Director: ~`I~~1 .z City Clerk: City Attorney: r, City Manager Date Submitted: July 13, 2009 For Agenda of: July 29, 2009 Ezhibits: (1) Bill of Sale of Utility Facilities to Indian River Coun ,Florida EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIItED: N/A N/A REQUIRED: N/A SUMMARY As part of the close out process for the Indian River Drive /Main Street Improvements Project, we are to transfer certain water and sewer components to the County, so they can maintain the services. Please find the attached "Bill of Sale of litilit~Facilities to Indian River County, Florida "document as well as "Exhibit A," which details all of the components. RECOMMENDED ACTION Move to approve "Bill of Sale of Utility Facilities to Indian River County, Florida" Z3 Z~ Instrument prepared under the supervision of Marian E. Fell Senior Assistant County Attorney Main Street Water & Sewer Parcel #31390600011001000001.0 BILL OF SALE OF UTILITY FACILITIES TO INDIAN RIVER COUNTY, FLORIDA (when constructed within existing easement or road rights of way) KNOW ALL MEN BY THESE PRESENTS, that the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225 Main Street, Sebastian, FL 32958, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, the following goods and chattels: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utilities are located in existing easements or road rights of way described generally as being Main Street in Sebastian, Indian River County, Florida. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described facilities, that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. GRANTOR hereby further warrants that should the above described utility facilities fail or otherwise become defective during a period of one year from the date of acceptance of same by GRANTEE, due to defective materials or workmanship, GRANTOR shall upon each occasion be responsible in all respects for such failure or defect and shall correct same at GRANTOR's sole cost and without expense to GRANTEE upon reasonable notice by GRANTEE. GRANTOR steal! be solely liable and shall save GRANTEE harmless from any direct or consequential damage attributable to such failure or defect. GRANTOR hereby also assigns all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the described facilities. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Attest: CITY OF SEBASTIAN, a municipal corporation of the State of Florida City Clerk printed name By printed name Mayor Z5 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument 'was sworn to and subscribed before me this 2009, by Mayor and City Clerk respectively of the City of Sebastian, Florida, who are personally known to me or produced . identification. NOTARY PUBLIC: (stamped seal w/# and expiration date) sign Attachment: Exhibit "A" (list of utilities equipment) l~ day of _ and as a municipal corporation of the State of as Exhibit "A" City of Sebastian Main Street Improvements 6/27/2009 DESCRIPTION Unit uanti Unit Price Total Water Main 6" C900 DR18 w/ fittings LF 41 $ 35.00 $ 1,435.00 16" x 6" TS & Valve EA 1 $ 4,995.00 $ 4,995.00 Fire Hydrant Assemblies EA 1 $ 3,800.00 $ 3,800.00 Water Services EA 2 $ ],100.00 $ 2,200.00 Subtotal $ ] 2,430.00 Sanitary Sewer 10" x 4" TS & Valve EA 1 $ 3,800.00 $ 3,800.00 Subtotal $ 3,800.00 TOTAL Water $ 12,430.00 Sanitary Sewer $ 3,800.00 TOTAL $ 16,230.00 Bond Amount equals 25% of $ 16,230.00 or Jodah B. Bittle, P.E. Date: No. 57396 Page 1 of 1 $4,057.50 Z7 z~ c7r ct _~ ~ ~_ f _: _-___~ ~~` y~ AGENDA TRANSMITTAL Subject: FY 2009 Recovery Act Justice Agenda No. ~? ~ , ~ (, (~ Assistance Grant (JAG) Program for the Acquisition of Wireless Ticket Writing Technology. Department Origin: Human Resources Police Clrie ~. '. '' '~__-~ Ap rove or Submittal by: Finance irecto .• ~ ~ ~~ 'ck:{~z.,. City Clerk: City Attorney: Q 1 i ,City Manager Date Submitted: July 14, 2009 For Agenda of: July 29, 2009 Exhibits: - Award Documentation EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $0.00 N/A REQUIRED: $0.00 SUMMARY Pursuant to our application to the Office of Justice Programs, Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) application in the amount of $22,757 for the acquisition of five (5) automated ticket writer systems approved at the May 13, 2009 Regular Council Meeting, we are now requesting approval to execute the grant. This is a no cost grant to the City of Sebastian. RECOMMENDED ACTION Move to authorize the City to accept the Office of Justice, Recovery Act, Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation Award #2009-SB-B9-2156, in the amount of $22,547for the acquisition of wireless ticket writing technology. Z~ 30 Department of Justice ~ ` ` Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washi»gm», D. C. ZOi31 July 13, 2009 The Honorable Richard Gillmore City of Sebastian 1225 Main Street Sebastian, FL 32958-4165 Dear Mayor Gillmore: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation in the amount of $22,547 for City of Sebastian. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you. will be in violation of the terms of this agreement and the award will be subject to [emanation for cause or other administrative action as appropriate. If you have questions regarding this award, please contact - Program Questions, Yolaine Faustin, Program Manager at (202) 353-1720; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, u ~~.~ James H. Burch II Acting Director Enclosures 3~ Department of Justice ~ -.- Office of Justice Programs Office for Civil Rights W'nslringrar, D. C. ?053/ July 13, 2009 The Honorable Richard Gillmore City of Sebastian 1225 Main Street Sebastian, FL 32958-4165 Dear Mayor Gillmore: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Deparhnent Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DO] funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. 3Z Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opporntnity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of ] 968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1)comp1ying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). I) Meeting the EEOP Requirement ]n accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an ESOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an ESOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and retum it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that Subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of Subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, ~~ a. ~,~- Michael L. Alston Director cc: Grant Manager Financial Analyst 33 Department of Justice *~.. Office of Justice Programs ~- -. PAGE 1 OF 10 Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2009-SB-B9-2156 City of Sebastian 1225 Main Street S. PROJECT PERIOD: FROM 03!01/2009 TO 02/28/20] 3 Sebastian, FL 32958-4165 BUDGET PERIOD: FROM 03/01 /2009 TO 02/28/2013 6. AWARD DATE 07/13/2009 7. ACTION ]A. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Initial 596000427 00 9. PREV10U5 AWARD AMOUNT $ 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 22,547 Act Justice Assistance Grant Program FY 2009 Recove ry 11. TOTAL A WARD $ 22,547 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY09 Recovery Act (B]A-Byrne JAG) Pub. L. No. ] 11-5, 42 USC 3750-3758 ] 5. METHOD OF PAYMENT PAPRS I AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch II Richard Gillmore Mayor Acting Director ] 7. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL ] 9A. DATE ~ . ~ s AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. ISBUGT1737 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 9 B SB 80 00 00 22547 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) ~~ ~~- Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 10 PROJECT NUMBER 2009-SB-B9-2156 AWARD DATE 07/13/2009 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DO] OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4', 06 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. RECOVERY ACT -Conflict with Other Standard Terms and Conditions The recipient understands and agrees that all other terms and conditions contained in this award, or in applicable OJP grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Recipients are responsible for contacting their grant managers for any needed clarifications. OJP FORM 4000/2 (REV. 4-88) 35 Department of Justice Office of Justice Programs AWARD CONTINUATION ' '` ~` Bureau of Justice Assistance SHEET PAGE 3 of to ;,x~, Grant I PRO]ECTNUMBER 2009-SB-B9-2]56 AWARD DATE 07/G/2009 SPECIAL CONDITIONS 7. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the ttse of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. if it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. ]mplementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. ]mplementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at [website], for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 8. To avoid duplicating existing networks or 1T systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of B]A that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 9. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by law and detailed by the BJA in program guidance for the Justice Assistance Grattt (]AG) Program. Compliance with these requirements will be monitored by BJA. 10. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a Fne with federal funds. OJP FORM 4000/2 (REV. 4-88) 3(0 ~~ Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 10 I PROJECT NUMBER 2009-SB-B9-2156 AWARD DATE 07/U/2009 SPECIAL CONDITIONS The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regtilation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www. ojp. gov/about/ocr/equal_]bo.htm. ] 2. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among Ioca] and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. 13. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 14. RECOVERY ACT -JAG -Trust Fund The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fiord, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of either the Edward Byrne Memorial Justice Assistance Grant Program (JAG) or Recovery JAG Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). RECOVERY ACT -Access to Records; Interviews The recipient understands and agrees that DOJ (including OJP and the Office of the Inspector General (OIG)), and its representatives, and the Government Accountability Office (GAO), shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subrecipient, contractor, or subcontractor. The recipient also understands and agrees that DO] and the GAO are authorized to interview any officer or employee of the recipient (or of any subrecipient, contractor, or subcontractor) regarding transactions related to this Recovery Act award. RECOVERY ACT -One-time funding The recipient understands and agrees that awards under the Recovery Act will be one-time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional DOJ funding. OJP FORM 400012 (REV. 4-88) 3~ Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF ]0 PROJECT NUMBER 2009-SB-B9-2156 AWARD DATE 07/13/2009 I SPECIAL CONDITIONS 17. RECOVERY ACT -Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DOJ award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds maybe used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the recipient and all subrecipients must ensure that fitnds from this Recovery Act award are not commingled with funds from any other source. The recipient further agrees that all personnel (including subrecipient personnel) whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award- related activities. RECOVERY ACT -Subawards -Monitoring The recipient agrees to monitor Subawards under this Recovery Act award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of Recovery Act funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of Subawards under this award. 19. RECOVERY ACT -Subawards -DUNS and CCR for Reporting The recipient agrees to work with its first-tier subrecipients (if any) to ensure that, no later than the due date of the recipient's first quarterly report after a subaward is made, the subrecipient has a valid DUNS profile and has an active registration with the Central Contractor Registration (CCR) database. 20. RECOVERY ACT -Quarterly Financial Reports The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted on-line (at https://grants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days afrer the end of each calendar quarter, using the government-wide Standard Form 425 Federal Financial Report from (available for viewing at www.whitehouse.gov/omb/grants/standard forms/ffr.pdf). Beginning; with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at https:/lgrants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days afrer the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. OlP FORM 4000/2 (REV. 4-88) 38 ~~~ Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 10 PROJECT NUMBER 2009-SB-B9-2156 AWARD DATE 07/13/2009 SPECIAL CONDITIONS 21. RECOVERY ACT -Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients (a) The recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Govemments). (b) The recipient agrees to separately identify the expenditures for Federal awards «nder the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the recipient is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF- SAC. (c) The recipient agrees to separately identify to each subrecipient the Federal award number, CFDA number, and amount of Recovery Act funds, and to document this identification both at the time of subaward and at the time of disbursement of funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to Subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) The recipient agrees to require its Subrecipients to specifically identify Recovery Act funding on their SEFA information, similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of Recovery Act funds as well as facilitate oversight by the Federal awarding agencies, the DOJ OIG, and the GAO. 22. RECOVERY ACT -Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any information that ispre-filled is corrected or updated as needed. OJP FORM 4000/2 (REV. 4-88) 3q t :r ` Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF ]0 PROJECTNLJMBER 2009-SB-B9-2156 AWARD DATE 0 711 3 /2 00 9 SPECIAL CONDITIONS 23. RECOVERY ACT -Provisions of Section 1512(c) The recipient understands that section 1512(c) of the Recovery Act provides as follows: Recipient Reports- Not later than ] 0 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains-- (])the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including-- (A) the name of the project or activity; (B) a description of the project or activity; (C) an evaluation of the completion status of the project or activity; (D) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (E) for infrastmcture investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 24. RECOVERY ACT -Protecting State and Local Government and Contractor Whistleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non- Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 25. RECOVERY ACT -Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any State or local government, or any private entity, for constmction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 26. RECOVERY ACT- Infrastructure Investment (Recovery Act, sections 1511 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is available at www.ojp.usdoj.gov/recovery. OlP FORM 4000/2 (REV. 4-88) ~o ~s' I PROJECT NUMBER 2009-SB-B9-2156 AWARD DATE 07/]3/2009 SPECIAL CONDITIONS 27. RECOVERY ACT -Buy American Notification (Recovery Act, section 1605) The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the OlP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, pazkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, temunals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been-- (1)Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision. NOTE: The recipient is encouraged to contact the OJP program manager - in advance -with any questions concerning this condition, including its applicability to particular circumstances. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 10 OJP FORM 4000/2 (REV. 4-88) ~~ Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 10 PROJECT NUMBER 2009-SB-B9-2156 AWARD DATE 07!13%:009 SPECIAL CONDITIONS 28. RECOVERY ACT -Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies conceming application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section ] 606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries conceming the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT -NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees to assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. 30. RECOVERY ACT -Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 31. RECOVERY ACT -Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future OlP (including government-wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT -JAG -Delinquent section 1512(c) reports The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act. (An online reporting mechanism is anticipated to be available for award recipient use by October ] 0, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(c) data for two consecutive reporting periods, the recipient may be- (a) precluded from drawing down funds under any OJP award, and/or (b) deemed ineligible for future discretionary OJP awards, until such time as the recipient becomes can-ent in its section 1 `i 12(c) reporting obligations; and (2) After failure to report section 1512(c) data for three consecutive rep~~rting periods, the recipient, upon written demand of the Director of BJA, shall return to OJP any unexpended aw 3rd funds (including any unexpended interest earned on award funds) within 15 calendar days of the date of the demand notice. Thereafter, the recipient's award shall be converted to acost-reimbursable grant until such time as the recipient becomes current in its section 1512(c) reporting obligations, and remains current for not less than two additional consecutive reporting periods. O]P FORM 4000/2 (REV. 4-88) 4z; '~~~vr^ Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 10 OF 10 PROJECT NUMBER 2009-SB-B9-2156 AWARD DATE 07!13/2009 I SPECIAL CONDITIONS 33. RECOVERY ACT -Active CCR Registration The recipient agrees expeditiously to obtain active registration with the Central Contractor Registration (CCR) database, and to notify the program office in writing of its registration. Following satisfaction of this requirement, a Grant Adjustment Notice will be issued to remove this special condition. O)P FORM 4000/2 (REV. 4-88) ~3 ~~ ~ a~ .a ~.- ~, i "~ " ~~, ii~ME CAF PELI1 I5tEsRIB Subject: Wireless Transmitter Agenda No. _Q~ I i ~ _ w/Recorder Department Origin: Polic App ove r Submittal by: City Manager General Services: _ _________ Finance Dept.: _ ci1`J ATY~ ~Gl r er Date Submitted: July 15, 2009 For Agenda of: July 29, 2009 ~~~ Exhibits: Three Price Quotes EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: Forfeiture Acct. $8,485.00 Forfeiture Account -0- SUMMARY In order to effectively investigate certain criminal activities wireless recording devises are required. Due to the age and serviceability of existing equipment it has became necessary to replace it. The existing equipment is about 15 yrs old and has become outdated. This equipment is used in undercover operations and is a wireless body bug recording device along with the recorder. In these types of operations it is imperative that the equipment is in good working order for court presentation and safety of personnel. Past equipment purchases from Law Enforcement Associates has shown them to be reliable and they take care of any issues that may come up with the equipment. This purchase is an allowable expenditure of forfeiture funds. RECOMMENDED ACTION Move to authorize the purchase of the equipment from Law Enforcement Associates in the amount of $8,485.00 from the forfeiture account. 4~ ~~ ~~~asrra~ Q OLIO ~~pA~RTME~~. ~ ~ ~ti~~; ~ ~, P}v Sebastian Police Department 1201 Maul Street Sebastian, Florida, 32958 772-589-5233 Fax 772 3881872 e-mall spd~cityofsebastian.org J. Michelle Morris, Chief of Police July 15, 2009 Richard H. Gillmor, Mayor Jim Hill, Vice Mayor Andrea Coy, Councilwoman Dale Simchick, Councilwoman Eugene Wolff, Councilman City of Sebastian 1225 Main Street Sebastian, F132958 Reference: Expenditure from Forfeiture Account FS 932.7055 (5) (b) This letter is to certify that the requested expenditure of $8,485.00 for the purchase of a wireless transmitter and programmable repeater is an approved use of Forfeiture Funds. The police department is responsible for the investigation of illegal drug activity and this equipment will be used as an investigative tool to deal with these violations. This purchase does not supplant our normal operating budget. Sincerely J. Michelle Morris Chief of Police ~f 7 ~; '~ 1 V ~ r 4. \~ _ a `~ CO+ V ...~ ,_ . PJ ~_ D ~~ _ ~ ~ ~G 3 ~ ~ ~ ~i ~ ~ ~ ~ ~ _ 0 Z ~ ~ ~, r c T ~ ~ ~ N .~ ~ s G' ` ~ tom'' ' ~ ~" N '' SZ ~ 'mss ~ W ~ ` ~. ~ c . ~ ~ T T ~ - ' q ~ r `~S ','~~ ~ ~ .~L7 J ~ ~ J Q ~ ~ ~, S ~ ~ ~ - ~ ~ r„2 ~ J .s p ~ .~. _ S ~. ~ ~ ~~ ,~ cf ~ ~ v, a~ ~~ 5jj % ~ JS ~ ~ r`' ~a v7 ~ ~ H v -~ ~ ~ ~: > v C.i -,i ~ , ti- Li ~ ~ C ~ V ,\, ~ O~ m • ~~_ 2 v ~ ~ ~' ~ L 1 ~ ~ t~~ ~d z ~~ z ~ ~ ~ ~ = ~- ' - ' ~ :7 „' ` ~ ~ r f ~ V c ~ ~ NY ~ /S ~~ ~ /-~ ~ C ,~ ~ \i \~(~ ~ •J ~-i 'J ~ ~ 3 W ~ v ~ UI ~ ~ ~l .7"' ,?~ ~~ .~ _ ~3 lJ '~ ~ ~ ~ ~ O ~, x o w f ., U F" ~ -~ r, ~ ~ ~_ ~ 4 ° c, ~~ •y v V~ 1 ~, ~ ^^• J G ~ ^Q ~ c, U va „" W lil ~~ V > F `' y ~' ~_ ~ ~ ~' ,-. ~ '~ :~ r ~Y'1 _c l '~S ~ ~ ~3l 1 p Y ~ ~ Qti !RS '~ ~ U v, _y ti C `' 1 y u ~ L C ~ ~ ~ i ~~ ~ 'a.~ - C O L C 6) z a ~./ ~ T ~ ~ :~ ~ i. ~~ ` v C rW+ ~ ~ ~-,.~ . .emu C ~ ~ 4 Y. ,~ ~ ~ 6r L L y L `; ~-- .~,~ ; v 1 A Q z a 0. i L 0 ~~ Law Enforcement Associates 2609 Discovery Drive Suite 125 Raleigh, NC 27616 Phone (800) 354-9669 Fax (919) 872-6431 DATE May 6, 2009 Bill To: Sebastian Police Dept Quotation valid until: June 5, 2009 Name Det. Theo Robinson Address 1201 Main Street City Sebastian, Florida 32958 Ph (772) 473-0133 Fax e-mail tobinson a(~cityofsebastian org ~~ , ~ _: ~ 94504 1 Memory Stick Receiver Recorder $ 2,795.00 $ ,~a 2 795 00 ~ 96360 1 Programmable Synthesized Repeater $ 4,395.00 $ , . 4,395.00 ~ ~ 97144-1000 1 1-Watt Miniature Transmitter $ 1,295.00 $ /V~ 1,295.00 1 ~ e ra $ °'~ O/e , f,~s,Fi 97178 1 recorder ~-~ $ X833-80 SHIPPING TOTAL Comments or special instructions: Terms: Open Account Net 30 Days Delivery: 30 Days A.R.O. F.O.B. Raleigh, NC **Please include desired frequencies when order is placed (if applicable)** Make Purchase Orders out to Law Enforcement Associates, 2609 Discovery Drive Suite 125 Raleigh, NC 27616 If you have any questions concerning this quotation, contact: Hannah Exum (800) 354-9669 THANK YOU FOR YOUR BUSINESS! ~~~ Endorsed By: Hannah Exum c,~uote $ 40.00 11;420.00 49 DTC Communications, Inc. 486 Amherst Street Nashua, NH 03063 (800) 233-8639 / (603) 880-4411 Fax (603) 880-6965 DTC Communications, Inc. doing business as Cobham Surveillance TO: Theo Robinson Sebastian Police Department Investigations 1201 Main Street Sebastian, FL 32958 Phone: 772-473-0133 FROM: Frank Prioli DATE: 5/5/2009 QUOTE EXPIRES: 8/3/2009 QUOTE NUMBER: 01714 SALES' QUOTATION * * PLEASE PROVIDE FREQUENCIES (IF APPLICABLE) WHEN PLACING AN ORDER TO SPEED UP DELIVERY Part # Description Price Q Extend T-2500-M-X Digital Derringer P25 Micro Transmitter/Recorder $2,750.00 1 $2,750.00 (Three Bands: 138 - 150 MHz, 150 - 174 MHz or 210 - 225 MHz) T-2500-Kit2 T-2500 Concealments In A Case Without Transmitter $2,490.00 1 $2,490.00 (Leatherman, Soda/Water Bottle & Cigarette Pack only) T-2350-D-62 Digital/Analog Body Wire w/SD Card, 500mW 150-174 MHz $3,699.00 1 $3,699.00 TAC COM-D-X P25 Tactical Repeater System -User Programmable $5,690.00 1 $5,690.00 R-MMDI-X-1 MiniMate-D RX w/Non-removable mini-SD $3,295.00 1 $3,295.00 5% Discount ($896.20} 1 ($896.20) Terms and Conditions Prices: Listed in U.S. Dollars Quote: .Valid for 90 Days ~irtar ofpurchase t"o~etect~onl~~rts~rsd workmans ip T-OTA~ --$1zr02z_8.0_. (EXCEPT WHERE NOTED) Shipping: FOB Nashua NH Terms: Net 30, Prepay, Visa/Mastercard Fed ID No. 02-0494195 50 a~t7CrQtQ Electronics, Inc. 28260 Airpark Drive Suite 103 Punta Gorda, FL 33982 EIN# 65-1032203 -TAX#1800025252323 NAME/ADDRESS Sebastian Police Dept Det Theo Robinson 1201 Main Street Sebastian, FL 32958 Quotation DATE Quote # 4/27/2009 4193 Ship To TERMS REP Duns # 001578066 Net 30 JG ITEM DESCRIPTION QTY COST TOTAL Citation 20 EIA102 Compliant Synthesized Receiver/Recorder Kit 1 4,150.00 4,150.00 CST-703/V Synthesized "Tiny Tot", 6-9V DC, 250-500 mw Power 2 1,275.00 2,550.00 Outputs, Ultra Miniature Echo-6 2Vv' Synthesized Tactical repeater 1 2,950.00 2,950.00 DKFV-2100 Color Covert KeyFob with audio and 2Gb built-in flash 1 475.00 475.00 drive DVAP-2300 Covert IP addressable Air Purifier AN System: 1 2,895.00 2,895.00 Includes: Concealed high resolution color camera, microphone, Div-2300M Video encoder, built-in power supply, Antennas and Discrete Management software - Customer s has a choice of either a RavenX or or WiFi bridge and stand alone KR-2 Router DCRV-21000 Covert A/V Clock Radio SD DVR System a-' 739-80 75H-60 comes standard with a 4Gb SD card -unit will take up to an 8Gb SD card Quotes are effective for 90 days S u btota I For questions regarding this quotation please contact Jacqui Gray at $13,779.00 941-575-8700 sales o discreteelectronics.com 941 575 2727 F Sales Tax (7.~%~ - - ax $0.00 TOTAL $13,779.00 5~ sz ~mr a :ya p •""* H6ME OF PEUGN ISWYD Subject: Fill Vacant Regular Member Position Agenda No. (~~, ~ U~ on the Natural Resources Board Department Origin: City Clerk's Office A rov for Submittal by: City Manager ~~ City Attorney: /~~~ Date Submitted: 7/8/09 n r For Agenda of: 7/29/09 Exhibits: application, board member list, ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT There are vacancies due to Ms. Koerner and Ms. Albury's recent resignations. Mr. Alvarez is the only applicant. RECOMMENDED ACTION Interview, unless waived, and at Council's discretion, fill unexpired regular member vacant position due to expire July 1, 2011. 53 5~ 'F i -~ -•-. .~ l `-' ;' i Albert Alvare z [1 ; REALTOR® ,. ~~~ ~'~~,~ (800) 570-2731 arvur ~( a~~A„ Office (772) 589-5678 ~E "cJ Fax (772) 5gg_6480 ~~ ~, ~ Cell (772) 532-8767 -~- ~~, _ _ , ' E-mail AlalvarezC~aol.com --- - Web www.realty-place.com HOME Of= PELICAN ISLAND MLS<~ 1 io8 u.s Hwv oNE • SEBASTIAN, FL 32958 ® SERVE ON CITY BOARD/COMMITTEE I~er~bers l~~ust he Residents ~~ the wi, ~ s. ~',, ~'': .~_` ~ NAME ,~~~~ ~'r'L, ~`~ ~ , ~~~~~~ ~ HOME ADDRESS: ~` ~~ ~ ~~~~,~~ ~ ~ ~° ~-f ~` HOME PHONE: HOME FAX: BUSINESS: ~ ~ BUSINESS ADDRESS: ~~ ~~ ~~ ~ ,LJ ~- ,~ G-~'S-~--`1 BUSINESS PHONE:~S~,~ ~7~ BUSINESS FAX: ~ ~ ~ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~~~ E-MAIL: L: HOW LONG? ~ f/Z~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~) PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CONSTRUCTION BOARD (permanent board -meets once a month) ~-HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) ~ PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEESanent board -meets twice a month)* ~- PARKS & RECREATION ADVISORY COMMITTEEe~anent statutory board- meets quarterly)* ~ NATURAL RESOURCES BOARD (permanent boardp meets one a mon ~~ is once a month) OTHER TEMPORARY COMMITTEE (if applicable) *Filing of financial disclosure is required following appointment (WRITE IN COMMITTEE NAME) is ~U 9 ~. ~~ ~ _, r- Q -- ',~ "D CJ rr, :.. `I {^7 - ~ ~a t~ ~ G7 .._ 1"- Iv n7 N ~ <-- 55 APPLICABLE EDUCAT`I~O/N~ LAND/OR EXPERIENCE: (a brief resume is required) ~ H'°r~ r_~ ~$ ~r ~ti ~~ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU/'RE APPLYING FOR? r u ell rt1~~~ //7/-~-~ /~e S ~ ~,~c /L~ ~ S ~ ~ ~~-~ _ v ~ ,~~u ~'~.' ~`" LIST ANY ADDITIONAL QUALIFICATIONS TO SERyE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? F ANY MISDEMEANOR INVOLVING MORAL HAVE YOU EVEN BEEN CONVICTED O TURPITUDE IN THIS OR ANY STATE? ~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? jj ~ ~ ~E~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. 5~i have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-16 through 2-173 (attached). Information relative to a specific board or committee is available if requested. ~~ 3 __ .~ day_...... of~.... _;Tl~l ti ~~ y Subscribed and sworn to before me this ~ ` by ~- ~ ,.~'~ wh , is 'personally known t ry'~"' e, or has produced ,,,,,,, as identification. „t~'r PCB K{MB~F.iL~- ~ ,, * i r * commission DU 65t~>: ~-- ` t' - Ex fires June ~!~lL ~ ~-.. , '''• '°° p 3, 2011 '~oFF°`° BondedThruTroyFainlnsuranceB0p~39E.7Cti: Not Public, S to Florida , "r;_- Please return to ffice of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\appl icat.wpd rev. 7/2007 /,,,. Albert Alvarez 492 Quarry Lane. Sebastian,.F1.32958 772-532-8767 Alalvarez@aol.com 1993. to Present. Active Real Estate Agent. GRI Graduate. Sales Associate. Experience in preparing and listing properties for sale. Contracts for Sale and Purchase, Appraising, preparing Brokers Price Opinion (B.P.O.) For banks. Working with Domestic and International buyers. Extensive knowledge in HUD and VA homes as well as Bank foreclosed properties, investments properties, and commercial sales as well. Bought and sold auction homes from the court house. Property managed my own rental properties. 2003. To 2007. Past owner and well knowledgeable in Online retail store. Caribbeanislandsgrocer. com. 2006. To 2007 Past owner of Caribbean Islands Grocer Retail Store. 11624 Hwy U.S. 1 Sebastian, F1. Present distributor for Enagic Company. An Alkaline water filtration system. L~ 1990. to 1992. Springlite Bottle Water Company. Sales Associate. Extensive experience in mall booth set ups. Door to door canvassing. (Soliciting.) Skills: Computer literate, Bilingual. References. Upon request. 58 NATURAL RESOURCES ADVISORY COMMITTEE Vacant Term expires 7/2011 Robin Graves -Chair Apptd 9/24/08 Term expires 7/2012 525 Michael Street Sebastian, FL 32958 Mugwort2u@bellsouth.net 589-0418 Ken Grudens Apptd 9/24/08 Term expires 7/2011 931 Starflower Avenue Sebastian, FL 32958 kengrudens@bellsouth.net 581-0272 Vacant Term expires 7/2010 Barbara Salmon Apptd 5/13/09 Term expires 7/2010 836 Mulberry Street Sebastian, FL 32958 salmonb@bellsouth. net 581-9280 J. Scott Nelson Apptd 6/10/09 Term expires 7/2011 426 Park Avenue Sebastian, FL 32958 Scott-Neison@harris.com 918-8307 Eric Spokas -Vice Chair Apptd 6/10/09 Term expires 7/2010 131 Bellamy Trail Sebastian, FL 32958 drspoks@aol.com 918-8137 Vacant (alternate) Term expires 7/2011 Vacant (alternate) Term expires 7/2012 ~J ~-w ~~ 4., ^._ HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member -Citizen -Term to Expire 9/30/2010 Alternate Member -Contractor -Term to Expire 9/30/2010 Natu 1 Resources Boa Regular Member -Term to Ex ire 7/2010 ernate Member -Term to Expire 7/2011 Alternate Member -Term to Expire 7/2012 Parks and Recreation Advisory Committee Regular Member -Term to Expire 5/31/2012 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. IF COUNCIL FILLS A REG ULAR MEMBER POSITION WITH AN ALTERNATE MEMBER, COUNCIL RESERVES THE RIGHT TO FILL THE ALTERNATE POSITION WITH REMAINING APPLICANTS. MEETING TIMES AND APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL FILLED. ~~ cm a ~',,~,.r~..r ~ ; r ti 1 HOME f7F PELIC/W 151I1ND Subject: Expired Regular Member Position Agenda No: ~q , DDL, Parks & Recreation Advisory Committee Department Origin: City Clerk's Office Ap rov for Submittal by: City Clerk: City Attorney: d.l~---~ D t S b it 7/21/0 a e u m a : 9 For Agenda of: 7/29/09 i ger Exhibits: Application, List, Ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Ms. JoAnn White's term has expired on the Parks and Recreation Advisory Committee. She would like to serve another term. i RECOMMENDED ACTION Interview unless waived and at Council's discretion, submit nomination for the expired term to expire May 31, 2012. e,h~ l~ ~~ L?; tm ~~ 5E~'`~~~1 HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE -.. f t.>1 ~ i~~r: - ~ _'_.__~ P ~ ~ c V C"rl'~F' .a~i ~i ~2_ i~ _ tilt C~ ~ ~.3 ~. pct 1~p NAME: ~ _ ~ HOME ADDRESS: t ~ ~ S `; ~~~~ ~ 1C~~ l_ 3~~, -~~ HOME PHONE: ~" ~ HOME FAX: S ~=~ e f,3 ~,, -, E-MAIL: J `' `~ ~~~ BUSINESS: E°Q v-^ ~ .~~~ - ~ ~ -r- ~~ 5c. ~^~~ ~. ~~~ BUSINESS ADDRESS: C ~ G>r~ c~ ' BUSINESS PHONE: ~~ ~° `~ `~ ~` ~ BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Y~ ~: HOW LONG? ~= ~~'' DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~% ~~ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~ ~~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CODE ENFORCEMENT BOARD (perrnanentboard-meets once a month)* CONSTRUCTION BOARD (permanent board -meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board -meets quarterly) _ PLANNING AND ZONING COMMISSION (permanent board -meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* -=- /` PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) ~-~ TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE c~ TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) -- Filing of financial disclosure is required following appointment ~`.~ C_J O 1,ti ~i'~r~S r c«~ ~a APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE ti~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ U WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committe ~ available if reques d. ~ ~, _- App nt Signature Subscriberdt'" and swo//r~~n to before me this 20~'`~ day of n E zao ~ by ~Jn ~h~ ~yt tt'~~ _ who is personally known to me, or has produced ~'L 1~ri v e~ C..1 Ct'_ n S ~ as identification. ary Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\applicat.wpd rev. 10/2005 JEANETTE WILLIAMS Commission DD 630052 :T~a~,~, ~ ~r~ FBbruary 28, 2011 101' ~ar~800.1BS7019 ~y Application to serve on the Parks and Recreation Committee I would like to apply to serve on the Parks and Recreation Committee for the city of Sebastian. I am a home owner here and have lived in Sebastian for 2 '/2 years moving here from Fairbanks, Alaska. My husband and I have been coming here for years to visit with family and decided to make the move. We have always liked Sebastian so it was not too hard a decision. I taught school for many years while in Fairbanks and was active in local and state committees for the school district and our teacher's union. While living there I was active in many committees from budget, board of directors, membership, PTA, curriculum committees and more. Living in Fairbanks I also was involved in our community as a member of the Fairbanks Historical Preservation Society, Fairbanks Humane Society, St. Mark's Church Committee, and other short term groups to help the city on activities that were needed. For over 13 yeazs I was a chair/member of our Road Service committee. In our borough, different areas of homes could elect to form a road service which would address the needs of the roads in that area. The residents voted on a mill to tax them selves to have money budgeted to do road maintenance, repairs, snow clearing, and anything that dealt with the area roads. As a chair person I had to work with a budget, keep up paperwork and contracts, call area meetings, work with the borough offices dealing with our areas needs and concerns. I have always felt that you should be involved with what is going on where ever you live. I attend as many of the city council meetings here in Sebastian and have and interest on the issues that deal with our city and the azeas around us. The chance to be involved with the Parks and Recreation Committee will be a way for me to give to my community. I feel that I have a good background to work with many kinds of people, issues, and help with decisions that will affect all of us. Th You, e White 449 Easy St. Sebastian, Fl 32958 Home 589-9300 Cell 766-2501 Joanne@2whites.com (~ 5 hla~k ~!~ PARKS & RECREATION ADVISORY COMMITTEE Ordinance No. 0-07-07 3-YEAR TERMS MEMBER NAME AND TERMS ADDRESS Jerome Adams Term to expire 5/31/2011 901 Roseland Road Sebastian, FL 32958 589-1595 JeromeAdamsCa~bel Isouth. net Matthew Sims Term to expire 5/31/2012 1741 Barber Street Sebastian, FL 32958 538-4369 OneStopCellular5(a~aol.com George Seaman Term to expire 5/31/2011 736 Wimbrow Drive Appointed 8/27/08 Sebastian, FL 32958 388-2249 JoAnn White Term to expire 5/31/2009 449 Easy Street Appointed 6/27/07 Sebastian, FL 32958 589-9300 JoanneCc~2whites.com Don Wright 720 N. Fischer Circle Sebastian, FL 32958 581-2978 Wrig htsbstn 1(a~aol. com Term to expire 5/31/2010 Appointed 3/8/06 Jay VanArsdall -Alternate Member Term to expire 5/31/2011 907 George Street Sebastian, FL 32958 581-1668 JayVanArsdallCa~comcast. net Jarad Pelletier -Alternate Member Term to expire 5/31/2012 550 Croton Avenue Sebastian, FL 32958 388-2803 BOARD SECRETARY, LINDA KINCHEN 77 ~~ ~~rv~ S ,; ~~~V HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member -Citizen -Term to Expire 9/30/2010 Alternate Member -Contractor -Term to Expire 9/30/2010 Natural Resources Board Regular Member -Term to Expire 7/2011 Alternate Member -Term to Expire 7/2011 Alternate Member -Term to Expire 7/2012 Parks and Recreation Advisory Committee Regular Member -Term to Expire 5/31 /2012 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. IF COUNCIL FILLS A REG ULAR MEMBER POSITION WITH AN ALTERNATE MEMBER, COUNCIL RESERVES THE RIGHT TO FILL THE ALTERNATE POSITION WITH REMAINING APPLICANTS. MEETING TIMES AND APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL. FILLED. 68 ~({l` OF :~. ~.rx, ~.r a - .~ "; ~; ,, , ~ ~ ~ >: . ,. - - :. ~~ ~_., ~~ ~ -~ ~ ~~ y- HON1E OF PELi~AN !BLAND CtT9' C)F'~El3AST1,~1N 1.225 I~'l:~in ~trcct, Sebastiaia FI~-rida ~~2958 CITIZENS BUDGL;T t2lF,VIEW AllViSC)RY C:'OlVI1VlITTFE RF,PORT T() CITE' COCINCIL .1«ly z~~, 200<) `I`bis is the final report and rec~orn~nendations by the Citize7ls $udget Review Advisory Committee (BLtdco~7~) foz• the 201.0 Sebastian City Budget. -I•he n1e~i~lbe~rs of~ the Bt~~dget Committee are: I~dward H. 1-lerlihv - Chairman Charles Cardinale -Vice Chairman Adrina Davis Jerrv I~lenck ~3rad Whig Joan Rivard C111'iS ~ ]Gal's `I~he Blulcorn n~~et three tiYnes prior to preparing this repoY-t as ~h~ell as individual discussions with the City Manager and t11e Finance I)ii-ector. ~n our last meeting held July 2O, 20O9; the City Manager made his budget presentation based on the latest discussions with the Budcom and up to date financial infonnatioi~~. ~q The members of the Budcom have expressed concerns in a number of areas. The first is the trend of assessed valuation of property in Sebastian. For the 2010 budget, The County Assessor has projected a ,( 2% decrease in assessed valuation. That reduction is taken into account in the latest budget projections. What is even snore concerning is the projected drop u1 assessed valuation for 201 1 and beyond. What can we project for future valuation decreases? What effect will this drop have on Sebastian revenues'? The following is the latest horde sales/foreclosure activity in Sebastian A. 241 Homes actively for sale B. 5 ~6 1-tomes in some stage of foreclosure The 7illo~h~ Report for the 1 ~' quarter of 2009 shows a valuation drop of 17.2% Another recent report shows the Vero area the most undervalued property area in the cow~try. Both reports are attached for reference. Please keep in mind that the property valuations used by the County Assessor are one year behind. Next year, valuations for calendar year 2009_will be used for the 201.1 Sebastian budget. "I~he budget projections by the City Manager and staff show a I?0/, decrease in valuation for 201 1. We express concern and caution that the property valuation in Sebastian could be substantially lower next year thus materially affecting the 201 1 budget. Our second concern vas the expense part of the budget. 1~~'he City MaT~ager introduced several expense reductions during the course of our discussions including elimination ol~the Engineering Department, consolidation of Finance and I IR, furlough. days and changes in the Police Department management structure. The Budcom discussed expense reduction possibilities in the following areas. A. Reduction in benefit expenses ~o B. Reduction in union contract costs C'. Possibility of outsourcing? parts of DPW work sucl~z as park mowing. D. 4 day wori< week E. Police Department operations and police car costs F. Possible electric cost reduction, especially streetlight and park lighting. G. Review of departmental manning tables. All ofthese areas are tinder consideration by the City Manager for possible implementation yet in the 2010 budget and for 2011. The third concern of the Budcom was the use of'the General Fund Reserve. In ouz- firstmeeting, we were all of~the mind not to use any Reserve funds to oI'l et a budget gap. As the budget progressed and it became clearer, we saw the need to use a small amount of the Reserve to offset a pz-ojected deficit. We definitely do not recommend a continuation of dependence on this Reserve for future years. To continue use starts the City down the "slippezy slope" of exhausting the funds in short order. The City has an excellent resez-ve now. It is for natural and financial emergency use. Given these ecozlomic times, we do not believe that it would be sound fiscal polic}I to start major depletion of the Reserve funds. In the final analysis, we believe that using a small amount of the Reserve will allow the City to hole! the millage rate the same as last year. Over the past few months, we have revie~~~ed the City Manager's budget in detail. We believe that the final presentation made to the Budcom on July20th is a tight, well-prepared budget that is fiscally responsible for the City. Thez-e have been major expense reductions and plans for more as needed. As expressed previously, the Budcom has concerns with the pz-ojections for the 201 1 budget and beyond, especially in the area of assessed valuation. The City may find itself with a severe revenue shortfall. We see signs of lower real estate values now and in the near future. "I~his could materially affect the 2U l 1 assessed valuation. Lower valuations means less revenue thus more expense reductions required. As stated previously, we believe that the City Manager ~rnd his staff are prepared to make such reductions in many areas. Again, the Budcom does not recommend ~~ using the Reserve to make up such a deficit. We believe that the City will be faced with a millage increase in 201 1. The City Co~_mcil should recognize this and be prepared to vote on a millage increase next year. The F3udcom makes the following recommendations to the City CoLmcil: A. Approve the City Manager's Budget as presented B. Make up shortfall in budget of $260,000 ti-om General Fund Reserve. C. Hold the City millage rate to same as 2009, 3.3456. D. Hold the ".Rollback" millage rate to 3.8038 In summary, we believe that the finances of Sebastian are in good condition and the City Manager and staff are prepared to face continued economic problems in the future. Compared to many other cities, Sebastian can hold the millage rate the same for the 2010 tax year. We reiterate again that the City Council must be aware and prepared for a ~~iillage rate increase in 201 1 so that the City can continue the same level of services to its citizens. Enclosures: ~Z ~ ' i ~ _ L J 1 E^' t i !~ ~~ '1 ~~M1 t ~L ' ~ ' ~ ' t , t ~ f ~ ~~ ~ ~ { ! _ c ~ _ L ~'~ ~ ~. Y ~ ~ ~•i Real Estate Market l'rends in Sebastian According to the latest Zillow Real Estate Market Reports, advertisement home values in Sebastian decreased 17.2°to in the first quarter of 2009, compared to t:he first quarter of 2008. Nationally, home values decreased 14.2°lo during this same period. » Ciick for Sebastian values Most Homeowners No Longer in Denial http:/(us.mel8{)l.mail.yahot>.com/inc/sfio~~lvlessage?sMid=Uc4efilterBy=&n1idLlde~=0&mi... C~II~)12009 ?3 ":iSost Qver~-aluec~ ai~ct ~_!ncitrr~!~iltted f-!o>rfsing ~~1ark~ts - Y(I}1cx.)' Real _IstaLe :,y ,rr , U r.Y cr .. , ~r. , dew-.~ ~ t =-.re.i. ;c E r ,e~_c. to tt rlti?e ~.:iih i~er~Er _ >... ~i::-i: ,. ,~ .~ A'. i.T Nom, ti i. More Hi. editerllhY:ebellsou_. j5rgn Out t. ..r_rount info treq, .___ ,e arc': WEB SEARCH Find a Horne Finance and Mortyaye iJeighborhood Into Guides anti Advice My Real Estate S:>r i'ra~ssu,nzls ;earr_h !n. Fiorues !r_;er,r u,~,-::. t;r r. \.:7n:c. ir,i, rt . ;xl.': Of ,. tits+'. ;..i '~I,mte ta:aial- t ul;islincr Most Ove{walue~i ~n~4 Un~~rv~-~lue~-i 1-!~usinc~ ~~larl<ets [+y yes cnrstir~, Cnrlr,en<ry u_r tun 1 irh, 200 Low prices brink investors back into many markets. NEt^i Y{)RK (C;NNf~~c:r~~ ,r,,tt} - t ,trr..~ pncr lecirnes h,vE ;tent affo'oab~hty soaring. !'~icPS have taken s9 !ar Itl~ .rte G'BfasP J.S. borne rS .tO S. ;l rides 31,reCt by i7.;%'~~, acc~~rding 'o a ne.' repo .r'ont IH4 GL~ba1 4n igl;t `± a 4 a .~~,~ r - e ~ ~ "The good news is :hat the ded.nes a re tt.,ppening as consorter confidence is rising and housino sales ar:d jbu;tdingi starts seer:-s to be bottornir~~ out.'' said Jeannine Calaldi. senior eCOromist fcr IHS ut a statement as;orrlpanyin;? :he', study. "The bad news is L`tal job losses i:entirr,le ai high sales., housing inventories are Still elevated and r.,ortsumer.;, w^rie becor,:i~tg sornewha? nxire a?ntideni ,are strfl wary rr: the Face of ecAnomr c once^ar nN " Prices still fa{liny The iHS stutly, Hcose Prlres rn HmerSOa, reported that, o. the 33U markets d tracked, (tomes are under-priCetS in X48 ~1~hai cantrasls sharply with four years ayo when only 108 markets were underoaRre 1 ;F;nd your home'_s ',Iwf- an - e r: czar lap vat:a:; vaiaatlens.j MORE AT CNNMONEY.CaM eargaut oasern eat d'eai5 in Dr.tou_ Sr-~ h~i s for _sle Extia n>~ney in the bank- lionteawner perks hidden :n the s;irnulus p8ck.'-;qe One-time bubble ntarets are no+r,~ ;Ding thrr.,ugh sales r.~n;~rssanc:es, accarciino to'~ataid; "In Las Ver~as and Phoehlx, peoflle are going in and sna{;prrig up frireCiosures." she said. "They often rent them back to the k;rr;ter owners " -rho report cialmed the most undervalued nYVtra area ut it:e nat10r: i5 Vero Beach, pia., where the median borne price has fatten 29 /% since the tir~a quarter of ;iL`05 to W 125.400 that rs 42.5°.%, belov: the expect, ho!t i;bu~;a- to .paces. a! a rted:an :,' S't13,50D, a:~ unJeroalur3c tir - , a°.f,. _.. raar~ t.- cES Prase :LCirped ' , ~..,~ 43'-- srncE 200;, and ft•,e city is now undervalue: b} ;0.9 i.: (Learn ho ,v ,u .r.c~e.... -your p;opery cane to attract better buyeraj hc~ arrve at these hgcres Pie una Psis focuses, u~r'hriL ~;:y fact: s ~( `t<;rnts aRurcanitity utGOme. hJ~.rsmq r7rnsities a!td h!gionCa! pares IHS u52C the( to dE6n8 ~tatiStrCai!y nonnai h: ti.. aaL;es (~ ~ .a oven area ant _.. cornpared!i?e 4~..h the a,tt.~: or!ces Rtt' d;Herenre'r;e' ear fn^Sf tC i!c;u es :cter!„ ~;. .w; ~. ti a I>ia<.e ~~. unu'r ~ rt.'r'.ver valued. Search Sebastian Mortya~e bates t.ocution eba SUan. F(- Loan Amount Loan PurVOSe pttrGhaSe Loan ry+ae Fixed I'a~e 1 0#~ '-' Grt Rateo-;'' 1 More at Y! ri~ea! Estate Browse i-rinFnes For Sale Find Fnrerlosu re Gealr, Search Renter Pru{zEru E'S Buy vs. Rent Cal Ctda?u' CatculaP: He v r.ua: hnnir in9liYa nCB you need Find the v:ilur of any hnr.,e murr.... What would my loam paynlents be'.> t.oan tntormation i_can arrnunt :r~ ,SJltt4al rnte'~'S rif;L+ ' r--___. rL. ~j ~ Term of Iran ;nrUni?rsl ,1 S4iii )1 :Sfih t'R$11 a,1 Ic~tlr. Wspkll yeany , » See all caicuistur,<, -~~~ Rr;c' Flnd there are still some over-valued a+eas t\CZa?tu C.;ty. N J ,ter example. Here rte median pace is 5243,603. an a... 4a!.r~rtion ut 4~~ 1 ~ e, .!u: t ;,`any meta arc a the Or is r :;, iy Top Rated Artlcies i1y tiro r_xpe its N J mEd:an price of 3s0?, .r~r; . ; rye Sacono r-r., ~.• nv. r ~ai:red. a 5;,+ &S-~ r. rt i-d mace i; Deck 'e t,t:r „ r, uucoe; 'v'uP.a;fir F. ^v ~r ~~.,...:r ., ~. ,_. '~~+ash ::h.c!t A; ~:?4 .'Gf, .> , .; 3 . <t.u7- , r;;rm,-1 -7/ ~ i~tztpairealestatc_~'ahcx~>.eom!~~rotnn,rant:J.;t-o~rer~~ali,c~7-;~ncl~-ui~del•valuerr?-housit~~-rr~arkets.IZtml h;`l1 `2(~!)~i /f wiv~t v~~~~t'ifiucu rttitl 1.i71QE;TVaIII~C! I-1t~11SIT3~? iVir~Il~:f:9t5 - ~'1~1~U~ ~tt'al ~',$t~t~ to the biggest rneira area, tJea>~ YUrr: City, thz price is just about rryfx, will, a median at ~~G9,40C; an under-•rahtaton ur;ust 3 3°ro ~ Os F\ngeles t535~,iC,^.j is a bit further off, underfalued byu 6"~ anti ;;hua;,o ,e2.^0 80G) iinnn 'r3 2% {Envrs: ,a ..rrin.~i ~, doi!.;rs uiselp trs ~ ,.:n your -re's sal e.i Ore may presume That the un,9e!vatt:eti cities should return to inch natural ;uuilibrium and astute rea; <_-stete investors and -~or.;e-buyers cOrid pot,nrc cn bargasns and rnai;.° a nrofa inter. Brit Cv±akii thinks that r,UUld take a long iirne 'Prk:e d:=cline s are sfo;a^i.^.y biri .ve'r~ still cautious," she said. "Mde'rt: predicti nc, stagr,ani ,xiees through 'L6 i i " ~3ottacn fishst~y In Fl~rnda, there are rrtar:y ccndo developments oviti~ ?is'ings rpe for p!uc;kinq, either !h bunches or h:dividuaily. aa:ord;ny ±r Matt PAartinez. who represents a private equity gaup fi7at'~'at 5 my heir' _~., r..~~:,.,; ~. do a-s th ~~_- Nrr rcrcats ti~at nr.esFJ;a ~:c ~.t, a io make prctits of 7`r~ to gg„ a year. after aR evpc;nses i;y inryirg <;ortCos and flier: rentinc them a! market rates. ' Ever ~ ,her (pr tit ; c-s< - t ;o:nr_ t c~hiy d;stressed t:aeured cr;ni!o deals where the lenders are seiliiig the notes,° he saiC. h7 Cairfomia, sates of deeply di>counted distressed tirepert !es are Flourishing, accctidiny is .fie C . ifcn~,;a A sr,_.;o:i-,!t ,r tz -stt~~rs irrventor, _ names !xi;ed under ~,SUii C~riO has shrunk fo a Uveb~~rrtonth supply at arrrunt rates o` sale wt;i!e ihra supply of rni0ion-dollar homes !zas expanded ttt i 1 mr.,nths "f he fSYarilatlf, c'ffe(ence !17 irivrntGry QRQnl pllf!e$ ItUW itle iUw End Ot life rTatket is attraC-Ung morE: first-time buyers and investors, creahr~y a shc;rtage of distressed prcperties fo sale." said Jarnes LiTitak, ,.resident of (~afz, in a staten-~er:t 3a;c;mpanyinp the sates data. Even thg battered ;V1ici?Igan ntarrcet is attracting investors. according to the CtcO of file tv1ichigan Hssociation of Reailors. F;ii! Marlin. "R tends to f?e in the low-i0-middle pricy range that is moving," he said. "There has been investment buying, mostly concentrated in DrirU;t Pcopie are buying up bundles o! tiYG to 20C homes." The median single-tamuy hGme irr the )erred ntetto area -where layoffs Wray thrr-atcr- ort^; «ecauery - solC k;r $; 7.?OC du;irg ttro first three ntonih> of 20J~J, according to the iF;S report, but many :epos~.essed hum es in the city itself are packaged a nd sold as bundles acd eat be had ter under :~iQ tJ1;g apiece Thaw rnar'xets may be in f!t2?orefront of a market reecvery but, aceardino to the iH: repor?, it's tco early io eat; ra boUom "Rt,r<~ observat !_, tr ,r,:c,t r~ ;f.(Ir , ~il ..e ~ eE,ir... ,L ,rr't'ca !': s (,;nd,' t >~.:,,_ 10 Fllost Clvervalued !-tome prices in these rtes air: abnorma Hy 1'ucl 1. /.t;ardic C:rj. P..J. A4Edian Home f=rice, u2a3.6K F'~::rCent 'Jvervaiued. 9G '4 `7i Median Hame Price. 530. '. K nerC~rt v?rvaitrecP 3.`, Mediae; Home. Price- W24; ?K 4. LCnctJ.2v:. l`'dH5'' Ntedian Home Price. 5192. fiK Percent G^erva'ue:f ,..., , (ire[:[ Fatb!•r'e Cay ctrl !dr>ac ~NStery ;;f tf:e ';Pan licked ,rlv~.+ey c , ::'e, a ..aa Fr~, ~~ac G', Nrt:9 piing trlto Home maintenance y r':!t:' aianchn^~ F ~, May i 1f;0-•. -•@p•;v! =pert Acic!re 7 !; ~ , 1 t_t _~, -; r e~~es'tillt.y~ihoq.ccnTv~<ruz'f ;t,;1~7t,st-i,n=erl- ~,n~ed-ii~Eic -utx crw;~trt~~-aa>.5~i~g-~zt~~ri:ets. punt 4'af7e ~ ~>? ~t n I /(IJ\ ;v<<»~ ~_Jtt~t vzt;UCU i:llIt.i UiiClt:1'~'r~itittCl t-lEttl7!!3~ ~~dC.:f:t~ - ~~Z,'iUQ:` KE;iil ~'.S~3I~ ~)ilr'~ .~ t)f hvir,~13n HO~ne Pnce: Sfi74.5K Pe(cenr ()VQr V,-'31CIeC~. ~.J ':`~ !vrad a r , .i;me F',!e.,: S s ~~'.!iK Percent Gverv3iued: 25.;)I•. r. {i7.~ . ~•..-. f'vIP:};3a ii~~nlG ~'rIC@: SL4t).oK P2!cen( rjVF: rJBiUeC 24 ~~(c tv1F::d,an Home Price: 5283.8K P~rc~nt Ove:va{ue:d ?_4: ,~ tsledian Ncnre Price ~'2' iK Pero'srtt Ove:vali[e:Y. 22.5% 70......_„E tvtedian Ficn]e Price 51 t OK Pervert i:7vervaiued 22.:?'7b 4d iVEost Undervalued 1 iomr-: prices in threse cites ~rre well belr~,• [tnrneti Median Home Price: 5i25.4K Percent OverJalued -425`--~ 4. hir;un! Lr Median Home Price 511:3.5K Percen, Overvalued -4L4`i~ 3. i+s Vera=., ^lr.: Meriian ticrne Price. X140 OK Percent C:vervsilrreG~ -4QEi~•~ A. a,7er ~r>d ~:aa~i. Median dome Price. 5106.OK Percent :;~:ervair:ed-. -40.7% tdedian Horne Price 5179 5K ('f?t CF n ~}VP.rv'+iUgs _zg , ,~ o. HUt;51an. ' c... Medan Hornerdce $719.&Y. Pe?CerY Ova, . a:ua>;7 -36 i ,. 7. f.4ir'2ri:. 1~a.:r> Median Home P^Ce X776 7K Percen*, Ovcrvrs!ued~ -ga.Lty,, ii. LRfa;i el e. i_.. Median dome Pnce ?~12.`; 3K Medan dome Price. St9~.3K Prrcc--~., 3vervafun,!. -3d ~ ~_ 10. Stcekr:>r, ...y;.~ Median Horne Price. 5144.OK i~8*fenf !.~.li~F"rv'1,:„w. !A.;..~ r 17tlp:/realestate.v~hclo.convpron~x)rmost-ovei-~r~kled-and-i:.mietw~llucd-h~usil~l~;-r~~arkels. 1tl1~~ bIt_s,'~,{} }i 7~ cm a~ _~ ~- ~: --- ~ --J -_ - -~ - ~_~ wo~nE o~ ~~~i~~a ~s~~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Certification of proposed millage rate Agenda No. ~~ : ~ ~ (c Department Origin: Administrative Services App ved Submittal by: City Manager Finance Director: ~-„~.~ "''-~ -u- City Attorney: , Gt /f; City Clerk: A i er Date Submitted: July 22, 2009 For Agenda of: July 29, 2009 Exhibits: Form DR-420, Certification of Taxable Value, Rolled-back Millage Rate of 3.8038 Form DR-420 MM-P, Maximum Millage Levy Preliminary Disclosure Forms DR-420 TIF, District 2A and 2B Report from Budget Review Committee SUMMARY Pursuant to F.S.200.065 (b), each taxing authority shall advise the Property Appraiser of its proposed millage rate, its rolled-back rate, and of the date, time, and place at which a public hearing will be held to consider the proposed millage rate and the tentative budget within thirty-five (35) days of certification of value. The currently proposed budget for General Fund assumes the same 3.3456 millage as last year and projects a shortfall of projected revenues of about $259,000, which necessitates the use of emergency cash reserves to balance to expenditures. With taxable values dropping by 12%, the rolled-back rate is higher at 3.8038 and the majority vote maximum millage rate is calculated to be 3.9226. The rolled-back rate would add $505,991 more than the 3.3456 and the majority vote maximum millage rate would add $637,181 more than the 3.3456. The proposed budget incorporates the savings from not filling the Deputy Chief position; not filling a position vacated by a retiring Public Works employee; and the layoff of the City Engineer and two employees in accounting. Wage increases will be granted to police officers in accordance with their labor agreement but no other employees are budgeted for an increase. All employees will be forced to take twelve (12) "furlough days" for which they will not be paid, which will save about 5% of the City's normal operating expenses. These days will be spread throughout the year and will require that City Hall and other facilities be closed for normal business. Lastly, we closely examined all the operating accounts typically budgeted for supplies, services and training and reduced them to about 8% less than budgeted this year. The State allows the proposed millage to be reduced between now and final adoption but it may not be increased above the proposed millage without notification by first class mail to every taxpayer (at the City's expense), which would also postpone the public hearing dates and delay final adoption of the budget until after the start of next fiscal year. With this, we believe it is prudent to set the proposed millage at the rolled-back rate of 3.8038 to allow some flexibility as the City Council reviews the proposed budget and considers the millage it wants to adopt at the final budget hearings scheduled for September 14`" and September 23rd RECOMMENDED ACTION Move to set the proposed millage rate at the rolled-back rate of 3.8038 and authorize the City Manager to execute the Form DR-420, Form DR-420 MM-P and Forms DR-420 TIF. ~~ a .....,...... CERTIFICATION OF TAXABLE VALUE DR-420 ~!- ~~ R. 6/09 Florida Administrative Code ter :E~~~Enl~~ Rule 12DER09-01 Year 2009 County Indian River Principal Authority Municipality Taxing Authority City of Sebastian SECTION I: COMPLETED BY PROPERTY APPRAISER 1. Current year taxable value of real property for operating purposes $ 1,111,721,930 (1) 2. Current year taxable value of personal property for operating purposes $ 50,547,199 (2) 3. Current year taxable value of centrally assessed property for operating purposes $ 151,998 (3) 4. Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3) $ 1,162,421,127 (4) Current year net new taxable value (Add new construction, additions, rehabilitative ; 5. improvements increasing assessed value by at least 100%, annexations, and tangible $ 5,632,490 (5) personal property value over 115% of the previous year's value. Subtract deletions.) 6. Current year adjusted taxable value (Line 4 minus Line 5) $ 1,156,788,637 (6) 7. Prior year FINAL gross taxable value (From prior year applicable Form DR-403 series) $ 1,319,502,616 (7) 8 Does the taxing authority include tax increment financing areas? If yes, enter number of ~ Yes ~ No Number (8) ' worksheets (DR-420TIF) attached. If none, enter 0. 2 Does the taxing authority levy a voted debt service millage or a millage voted for 2 years or Number 9. less under s. 9(b), Article VII, State Constitution? If yes, enter the number of forms ~ Yes ®No (9) DR-420DEBT, Certification of VoTed Debi Millage for each debt service levy.) Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. w ~ W Signature of Property Appraiser Date Vf = 07/01/2009 SECTION II: COMPLETED BY TAXING AUTHORITY If this portion of the form is not completed in FULL your authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is not applicable, -0-. 10 Prior year operating millage levy (if prior year millage was adjusted then use adjusted millage from Form DR-422.) 33456 per $1,000 (10) 11. Prior year ad valorem proceeds (Line 7 multiplied by Line 10 divided by 1,000) $ 4,414,528 (11) 12 Amount, if any, paid or applied in prior year because of an obligation measured by a dedicated increment value (Sum of either Lines 6c or Line 7a for all DR-420TIF forms) $ 273,888 (12) 13. Adjusted prior year ad valorem proceeds (Line 11 minus Line 12) $ 4,140,640 (13) 14. Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR-420TIF forms) $ 68,246,661 (14) 15. Adjusted current year taxable value (Line 6 minus Line 14) $ 1,088,541,976 (15) 16. Current year rolled-back rate (Line 13 divided by Line 15, multiplied by 1,000) 3.8038 per $1000 (16) 17. Current year proposed operating millage rate 3.8038 per $1000 (17) 18 Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided by 1,000) $ 4,421,617 (18) Continued on page 2 ~~ DR-420 R. 6/09 Page 2 County ~ Independent Special District 19. TYPE of principal authority (check one) (19) ® Municipality ~ Water Management District ® Principal Authority ~ Dependent Special District 20. Applicable taxing authority (check one) (20) MSTU ~ Water Management District Basin 21. Is millage levied in more than one county? (check one) ~ Yes ® No (21) DEPENDENT SPECIAL DISTRICTS AND MSTUs ~ STOP HERE -SIGN AND SUBMIT Enter the total adjusted prior year ad valorem proceeds of the principal authority, all 22. dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all $ 4,140,640 (22) DR-420 forms) 23• Current year aggregate rolled-back rate (Line 22 divided by Line 15, multiplied by 1,000) 3.8038 per $1,000 (23) 24. Current year aggregate rolled-back taxes (Line 4 multiplied by Line 23, divided by 1,000) $ 4,421,665 (24) 25 Enter total of all operating ad valorem taxes proposed to be levied by the principal taxing $ 4,421,617 (25) authority, all dependent districts, and MSTUs, if any. (Fotal of Line 18 from all DR-420 forms) 26 Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied 3.8038 per $1,000 (26) by 1,000) 27 Current year proposed rate as a percent change of rolled-back rate (Line 26 divided by Line .00 % (27) 23, minus 1, multiplied by 100) First public Date Time Place budget hearing 09/14/2009 6:00 p.m. City Council Chambers, 1225 Main Street, Sebastian, FL 32958 certify the millages and rates are correct to the best of my knowledge. Taxing Authority Certification The millages comply with the provisions of ss. 200.065 and 200.071 or 200.081, F.S. Signature of Chief Administrative Officer Date W ~ 07/30/2009 w = Title Contact Name Z l7 City Manager Ken Killgore, Finance Director ~ Mailing Address Physical Address 1225 Main Street 1225 Main Street City, State, Zip Phone Number Fax Number Sebastian, Florida 32958 772-388-8205 772-388-8249 Instructions on page 3 ~~ Q P MAXIMUM MILEAGE LEVY CALCULATION PRELIMINARY DISCLOSURE ~ f ~~ For municipal governments, counties, and special districts Slt It F.1°[NU't DR-420MM-P R. 6/09 Florida Administrative Code Rule 12DER09-01 Year 2009 County Indian River Principal Authority Municipality Taxing Authority City of Sebastian 1. Is your taxing authority a municipality or independent special district that has levied ad valorem taxes for less than 5 years? ^ Yes NO 1 ( ) IF YES, i ~ STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation. 2. Current year rolled-back rate from Form DR-420, Line 16 3.8038 per $1,000 (2) 3. Prior year maximum millage rate with a majority vote (2008 Form DR-420MM, Line 24) 3.3646 per $1,000 (3) 4. Prior year operating millage rate from Form DR-420, Line 10 3.3456 per $1,000 (4) If Line 4 is equal to or greater than Line 3, skip to Line 71. If less, continue to Line 5. Adjust rolled-back rate based on prior year majority-vote maximum millage rate 5. Prior year final gross taxable value from Form DR-420, Line 7 $ 1,319,502,616 (5) 6' Prior year maximum ad valorem proceeds with majority vote (Line 3 multiplied by Line 5 divided by 1,000) $ 4,439,599 (6) 7~ Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value from Form DR-420 Line 12 $ 273 888 (7) 8. Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7) $ 4,165,711 (8) 9. Adjusted current yeartaxable value from DR-420 Line 15 $ 1,088,541,976 (9) 10. Adjusted current year rolled-back rate (Line 8 divided by Line 9, multiplied by 1,000) 3.8269 per $1,000 (10) Calculate maximum millage levy 11. Rolled-back rate to be used for maximum millage !evy calculation (Enter Line 10 if 3.8269 per $1,000 (1 1) adjusted or enter Line 2 if Line 10 is not adjusted) 12. Adjustment for growth in per capita Florida personal income 1.0250 (12) 13. Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12) 3.9226 per $1,000 (13) 14. Two-thirds vote maximum millage rate allowed (Multiply Line 13 by 1.10) 4.3148 per $1,000 (14) 15. Current year proposed millage rate 3.8038 per $1,000 (15) 16. Minimum vote required to levy proposed millage: (Check one) (16) ® a. Majority vote of the governing body: Check here, if Line 15 is less than or equal to Line 13. The maximum millage rate is equal to the majority vote maximum rate. Enter Line 13 on Line 17. ^ b. Two-thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17. ^ c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14. The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. 17 The selection on Line 16 allows a maximum millage rate of (Enter rate indicated by choice 3.9226 per $1,000 (17) on Line 16) 18. Current year gross taxable value from Form DR-420, Line 4 $ 1,162,421,127 (18) Continued on page 2 ~I DR-420MM-P R. 6/09 Page 2 19. Current year proposed taxes (Line 15 multiplied by Line 18, divided by 1,000) $ 4,421,617 (19) 20 Total taxes levied at the maximum millage rate (Line 17 multiplied by Line 18, divided by $ 4,559,713 (20) 1,000) DEPENDENT SPECIAL DISTRICTS AND MSTUs t ' STOP HERE. SIGN AND SUBMIT. 21 Enter the current year proposed taxes of all dependent special districts & MSTUs levying a $ 0 (21) millage (The sum of all Lines 19 from each district's Form DR-420 MM-P) 22. Total current year proposed taxes (Line 19 plus Line 21) $ 4,421,617 (22) Total Maximum Taxes Enter the taxes at the maximum millage of all dependent special districts & MSTUs levying $ 0 (23) 23 a millage (The sum of all Lines 20 from each district's Form DR-420 MM-P) 24. Total taxes at maximum millage rate (Line 20 plus line 23) $ 4,559,713 (24) Total Maximum Versus Total Taxes Levied 25 Are total current year proposed taxes on Line 22 equal to or less than total taxes at the ®Yes ~ No (25) maximum millage rate on Line 24? (Check one) I certify the millages and rates are correct to the best of my knowledge. The millages Taxing Authority Certification comply with the provisions of ss. 200.065 and 200.071 or 200.081, F.S. Signature of Chief Administrative Officer Date 07/30/2009 W ~ W Title Contact Name 2 City Manager Ken Killgore ~ Mailing Address Physical Address N 1225 Main Street 1225 Main Street City, State, Zip Phone Number Fax Number Sebastian, Florida 32958 772-388-8205 772-388-8249 Complete and submit this Form DR-420MM-P, Maximum Millage Levy Calculation-Preliminary Disclosure , to your property appraiser with the Form DR-420, Certification of Compliance. Instructions on page 3 U • • ~ DR-420TIF R. 06/08 TAX INCREMENT ADJUSTMENT WORKSHEET F.°~;daAdm;~e;~°~e~ode Effective 06/08 DEPARTMENT OF REVENUE Year 2009 County Indian River Principal Authority MlIf1ICIpallty Taxing Authority City of Sebastian Community Redevelopment Area Re-Development District 2A SECTION I Completed by the Property Appraiser 1. Current year taxable value in the tax increment area $ 98,165,180 (1) 2. Base year taxable value in the tax increment area $ 34,959,870 (2) 3. Current year tax increment value (Line 1 minus Line 2) $ 63,205,310 (3) 4. Prior year taxable value $ 112,098,260 (4) 5. Prior year tax increment value (Line 4 minus Line 2} $ 77,138,390 (5) Property Appraiser Certification w ~_ W I certify the values above are correct to the best of my knowledge. N = Signature of Property Appraiser Date J~iy ~ , 2009 SECTION II To be completed by taxing authority. Please complete either Line 6 or Line 7, as applicable. Do NOT complete both. 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. Enter the proportion on which the payment is based. 9~ % (6a) 6b. Dedicated increment value (Line 3 multiplied by the percentage on Line 6a) $60,045,045 (6b) 6c. Amount of payment to redevelopment trust fund in prior year $ ~4I5„1171® (6c) 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a. Amount of payment to redevelopment trust fund in prior year $ (7a) 7b. Prior year operating millage levy (Form DR-420, Line 11) $ per $1000 (7b) 7c. Taxes levied on prior year tax increment value (Line 5 multiplied by Line 7b, divided by 1,000) $ (7c) 7d. Prior year payment as proportion of taxes levied on increment value (Line 7a divided by Line 7c) % (7d) 7e. Dedicated increment value (Line 7d multiplied by Line 3) $ (7e) Taxing Authority Certification I certify the calculations, millages, and rates are correct to the best of my knowledge. w W Signature of Chief Administrative Officer Date 07/30/2009 = ~ Title City Manager Physical Address 1225 Main Street Mailing Address 1225 Maln Street Name of Contact Person Ken Killgore City, State,ZlP Sebastian, Florida 32958 Phone# 772-388-8205 1=ax# 772-388-8249 SEE INSTRUCTIONS ON PAGE 2 ~3 ~ . ~ . DR-420TIF R. 06!08 TAX INCREMENT ADJUSTMENT WORKSHEET Florida Adm4lnistrDve Code ~~ Effective 06/08 DEPARTMENT OF REVENUE &y Year 2009 County Indian River Principal Authority MUnICpallty TaxingA~thority City of Sebastian Community Redevelopment Area Re-Development District 2B SECTION I Completed by the Property Appraiser 1. Current year taxable value in the tax increment area $ 15,235,390 (1) 2. Base year taxable value in the tax increment area $ 6,602,110 (2) 3. Current year tax increment value (Line 1 minus Line 2) $ 8,633,280 (3} 4. Prior year taxable value $ 15,637,480 (4) 5. Prior year tax increment value (Line 4 minus Line 2) $ 9,035,370 (5) Property Appraiser Certification ~ ~ w I certify the values above are correct to the best of my knowledge. _ ~ = Signature of Property Appraiser Date July 1, 2009 SECTION II To be completed by taxing authority. Please complete either Line 6 or Line 7, as applicable. Do NOT complete both. 6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value: 6a. Enter the proportion on which the payment is based. ~ % (6a) 6b. Dedicated increment value (Line 3 multiplied by the percentage on Line 6a) $ 8,201,616 (6b) 6c. Amount of payment to redevelopment trust fund in prior year $ 2„7117 (6c) 7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value: 7a. Amount of payment to redevelopment trust fund in prior year $ (7a) 7b. Prior year operating millage levy (Form DR-420, Line 11) $ per $1000 (7b) 7c. Taxes levied on prior year tax increment value (Line 5 multiplied by Line 7b, divided by 1,000) $ (7c) 7d. Prior year payment as proportion of taxes levied on increment value (Line 7a divided by Line 7c) % (7d) 7e. Dedicated increment value (Line 7d multiplied by Line 3) $ (7e) Taxing Authority Certification I certify the calculations, millages, and rates are correct to the best of my knowledge. W ~ W Signature of Chief Administrative Officer Date 07/30/2009 = ~ Title City Manager Physical Address 1225 Main Street Mailing Address 1225 Main Street Name of Contact Person Ken Killgore City, State, ZIP Sebastian, Florida 32958 Pt,one # 772-388-8205 Fax # 772-388-8249 SEE INSTRUCTIONS ON PAGE 2 QTYOF ~~ - -~.;~ _ ~. -- f~= . HOME OF PELICAN ISLAND Carty of yep Subject: Approval of the Six-Year Capital Improvement Program for the Fiscal Years 2010-2015 Submittal by: City Manager City Manager Exhibits: • Resolution No. R-09-28 • Proposed Six-Year Capital I for Fiscal Year 2010-2015 SUMMARY Along with the adoption of the City's Operating Budget for FY 2009-2010, the City Manager in coordination with key personnel in each Department/Division prepared a Six-Year Capital Improvement Program for FY 2010-2015. The Capital Improvement Program was previously presented to the City Council and the Planning Board. The enclosed package reflects some changes made following the July 8, 2009 CIP workshop with the City Council. The changes include deferral of the Golf Course improvements and the Underground Utilities project. RECOMMENDATION Move to approve Resolution No. R-09-28 and the Six-Year Capital Improvement Program for Fiscal Years 2010-2015. 34 r ior~aa Agenda No. ~ C(. ((~- Department Origin: Administrative Services Finance Director ~~~ C'lL~~ -~ City Attorney: City Clerk: ~ Date Submitted: July 22, 2009 For Agenda of: July 29, 2009 &5 ~~ RESOLUTION NO. R-09-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2010-2015; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida finds that it is in the best interest of its citizens and taxpayers to provide for financial planning; and WHEREAS, a detailed capital budget is necessary for the proper annual operation of the City and its desired capital program; WHEREAS, the Six-Year Capital Improvement Program has been reviewed by both the City Council and the City Planning Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. The Six-Year Capital Improvement Program for Fiscal Year 2010-2015 for the City of Sebastian is attached hereto. Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Andrea B. Coy Vice-Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 29`'' day of July, 2009 C~) CITY OF SEBASTIAN, FLORIDA By: Richard H. Gilmor ,Mayor ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Robert Ginsburg, City Attorney ~gl CITY OF SEBASTIAN, FLORIDA ~1f~~ f T~,~ Mme- HOME OF PELICAN ISLAND CITY MANNAGER'S RECOMMENDED CAPITAL IMPROVEMENT PROGRAM FY 2009/10 THROUGH FY 2014/15 CITY MANAGER - AL MINNER July 29, 2009 s~ CITY OF SEBASTIAN, FLORIDA CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2010-15 TABLE OF CONTENTS ~o CAPITAL IMPROVEMENT PROGRAM (CIP) CAPITAL IMPROVEMENT PROGRAM SUMMARY Introduction Summary -List of Projects Summary Grouped by Department Summary Grouped by Function Summary Grouped by Funding Source FY 2009/2010 Project by Funding Source FY 2010/2011 Project by Funding Source FY 2011/2012 Project by Funding Source FY 2012/2013 Project by Funding Source FY 2013/2014 Project by Funding Source FY 2014/2015 Project by Funding Source Page Number POLICE DEPARTMENT -Summary 10 Police Department -Detail 11 PUBLIC WORKS DEPARTMENT -Summary 12 Public Works -Detail 13 MUNICIPAL GOLF COURSE -Summary 18 -Golf Course -Detail 19 MUNICPAL AIRPORT -Summary 20 Airport -Detail 21 RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY -Summary 24 Riverfront CRA -Detail APPENDIX: Schedule of Available Funding from Various Sources 26 CITY OF SEBASTIAN, FLORIDA CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2010-15 CAPITAL IMPROVEMENT PROGRAM City of Sebastian's adopted financial policies requires the City to coordinate the development of the Capital Improvement Program with the development of the strategic plan and operating budget, as well as ensuring compliance with the Comprehensive Plan Capital Improvement Element. Operating expenditures and revenues associated. with new capital improvements will be projected and included in the Capital Improvement Program Five-Year Forecast. The Capital Improvement Program is updated and approved by the City Council annually and encompasses a period of six years. What are Capital Improvements? Capital improvements include streets, buildings, building .improvements, new parks, park expansions/improvements, airport runways, infrastructure improvements, and major, one-time acquisitions of equipment. Projects in the Capital Improvement Program generally cost more than $50,000 and last at least five years. Policies Used in Developing the Capital Improvement Program All capital projects submitted for approvaLmust be justified in terms of how the project supports the achievement of the City's Strategic Priorities. Projects are prioritized and approved based on the relevancy of the project to the City's Strategic Plan and the impact on the end stakeholder(s). 1. The City shall adopt an annual Capital Budget based on the Capital Improvement Program. Future capital improvement expenditures necessitated by changes in population, real estate development, or in economic base will be calculated and included in the capital improvement budget projections. 2. The originating department of the capital improvement project will identify the estimated costs and funding sources for each capital project proposal before it is submitted to the City Council for approval. 3. The City shall make all capital improvements in accordance with an adopted Capital Improvement Program budget. 4. The City will determine and use the most prudent financial methods for acquisition of capital improvement projects based upon market conditions at the time of acquisition. Following is a six-year Capital Improvement Program (CIP) Project Schedule for each requesting department/division. In addition to the projects funded by various revenue sources such as the Local Option Gas Tax, Discretionary Sales Tax, Recreation Impact Fees and Airport Fund, projects to be funded by anticipated grants or though bank notes are also shown. The CIP is intended to be a complete listing of projects needed for replacement or improvement of the City's major equipment, facilities,_roadways, and structures. Although, potential funding has been identified, changes may be made in conjunction with alternative sources as they become available or adjustments become necessary due to reductions in projected revenues. The timing of projects identified may also be altered from year to year to meet changing circumstances. q~~ CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 20].0-2015 SUMMARY OF CAPITAL IMPROVEMENT PROJECTS List of Protects FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total Police Department Police Vehicle Replacement $ 385,000 $ 385,000 $ 385,000 $ 385,000 $ 385,000 $ 385,000 $ 2,310,000 Police Boat and Trailer - - - - 55,000 - 55,000 Parking Lot Expansion - 45,000 - - - - 45,000 Roads and Special Projects Street Repaving 50,000 25,000 50,000 50,000 150,000 150,000 475,000 Powerline Road North 1,146,250 - - - - - 1,146,250 Schumann & Barber Intersection _ _ _ - ],500,000 - 1,500,000 SidewalkBike Paths Constrac[ion - - 150,000 150,000 150,000 150,000 600,000 Sidewalk Repairs - - - - 50,000 50,000 100,000 512 Median Landscaping - 500,000 - - - - 500,000 Public Works Garage Relocation 1,150,000 - - - - - 1,150,000 Parks & Recreation Barber Street Field Lighting - 275,000 - - - - 275,000 Splash Park Canopy 50,000 - - - - - 50,000 Skate Park Office 50,000 - - - - - 50,000 Y New Park -Barber/Acorn Terrace - - 50,000 - - - 50,000 New Park -Celtic & Crown - - - 50,000 - - 50,000 Lift Station -Riverview Park - 100,000 - - - - 100,000 Stormwater 1/4 Round Swale Rehab 350,000 350,000 350,000 350,000 350,000 350,000 2,100,000 Road Crossings/Side Yard Pipes - - - 250,000 250,000 250,000 750,000 Dredging Bulkhead Renovations - - - - 100,000 100,000 200,000 Cemetery Sissor Lift Building 50,000 - - - - - 50,000 Relocate South Paved Roadway - 50,000 - - - - 50,000 Golf Course New Clubhouse/Tee Box Improvements - - 2,195,000 - - - 2,195,000 Airport Medium-size "Box Hangers" - - - - - 1,875,000 1,875,000 Master Plan Update - - 3(10,000 - - - 300,000 Prof.Services R/W 4/22 157,894 - - - - - 157,894 Prof.Services Taxiway C - - - 157,894 - - 157,894 Construct Taxiway C - - - 2,325,000 - - 2,325,000 ' Install Runway Lighting - - - - 937,500 - 937,500 Rehabilitate Apron - - - - - 500,000 500,000 Riverfront CRA Cavcor Project 750,000 - - - - - 750,000 Underground Utilities - - - - - 3,500,000 3,500,000 Total ' ~ ~ 1 111 ; 1 111 ' ~ ~ ~ 11 1 111 1 ~Z CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 SUMMARY OF CAPITAL IMPROVEMENT PROJECTS SUMMARY FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total Grouped by Department Police Department $ 385,000 $ 430,000 $ 385,000 $ 385,000 $ 440,000 $ 385,000 $ 2,410,000 Public Works Department Roads and Special Projects 2,346,250 525,000 200,000 200,000 1,850,000 350,000 5,471,250 Parks & Recreation 100,000 375,000 50,000 50,000 - - 575,000 Stormwater 350,000 350,000 350,000 600,000 700,000 700,000 3,050,000 Cemetery 50,000 50,000 - - - - 100,000 Golf Course - - 2,195,000 - - - 2,195,000 Riverfront CRA 750,000 - - - - 3,500,000 4,250,000 Airport 157,894 - 300,000 2,482,894 937,500 2,375,000 6,253,288 Total by Departments ' ' ' ' 1 1 ~ 1 ' : ~ ~ ~ 1 ' • ~ ~ ~ 11 ~ ~ ~ Grouped by Function General Government $ 750,000 $ - $ - $ - $ - $ 3,500,000 $ 4,250,000 Public Safety 385,000 430,000 385,000 385,000 440,000 385,000 2,410,000 Transportation 2,504,144 525,000 500,000 2,682,894 2,787,500 2,725,000 11,724,538 Parks & Recreation 100,000 375,000 2,245,000 50,000 - - 2,770,000 Physical Environment 400,000 400,000 350,000 600,000 700,000 700,000 3,150,000 Total by Functions ', ' " ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~'' ~ ~ ~ ~ ~ ~ ~ Groaned by Fundin:= Source DST $ 2,352,498 $ 1,280,000 $ LOGT .50,000 25,000 Recreation Impact Fees 200,000 375,000 Available Construction Funds 928,752 - Airport Operating Revenues 3,946 - Grants 153,948 - Riverfront CRA 400,000 - Cemetery 50,000 50,000 Bank Notes - - 885,000 $ 1,135,000 $ 2,790,000 $ 1,235,000 $ 9,677,498 50,000 50,000 200,000 200,000 575,000 50,000 50,000 - - 675,000 - - - - 928,752 60,000 62,072 23,437 387,500 536,955 240,000 2,420,822 914,063 1,987,500 5,716,333 - - - - 400,000 - - - - 100,000 2,195,000 - - 3,500,000 5,695,000 ~ ~ ~ ~ ~ ~ $ 4,139,144 $ 1,730,000 $ 3,480,000 $ 3,717,894 $ 3,927,500 $ 7,310,000 $24,304,538 3 931 CAPITAL IMPROVEMENT PROGRAM BY FUNDING SOURCE FISCAL YEAR 2009/2010 Police Department Police Vehicle Replacement Roads and Special Projects Street Repaving Powerline Road North Public Works Facility Parks & Recreation Splash Park Canopy Skate Park Office Stormwater 1/4 Round Swale Rehab Cemetery Sissor Lift Building Airport Rehabilitate R/W 4/22 Riverfront CRA Cavcor Parking Area Total FY 2009/2010 9~f Local Recreation Available Option Impact Construction Riverfront Cemetery Bank Gas Tax DST Fees Funds Airaort Grants CRA Trust Fund Notes Total $ 385,000 $ 385,000 $ so,ooo $ so,ooo $ 217,498 $ 928,752 $ 1,146,2s0 $ t,tso,ooo $ t,tso,ooo $ so,ooo $ so,ooo $ so,ooo $ so,ooo $ 350,000 $ 350,000 $ so,ooo $ so,ooo $ 3,946 $ 153,948 $ 1s7,894 $ 260,000 $ 100,000 $ 400,000 $ 760,000 4 CAPITAL IMPROVEMENT PROGRAM BY FUNDING SOURCE Local Recreation Available Option Impact Construction Riverfront Cemetery Bank Gas Tax DST Fees Funds Airaort Grants CRA Trust Fund Notes Total FISCAL YEAR 2010/2011 Police Department Police Vehicle Replacement S 3ss,ooo $ 3ss,ooo Parking Lot Expansion $ as,ooo g as,ooo Roads and Special Projects Street Repaving 8 25,000 S 25,000 512 Median Improvements $ 500,000 g 500,000 Parks & Recreation Barber Street Field Lighting S z~s,ooo $ 2~s,ooo Lift Station -Riverview Park 5 too,ooo S 100,000 Stormwater 1/4 Round Swale Rehab ~ 550,000 $ 550,000 Cemetery Relocate South Paved Roadway ~ 50,000 $ 50,000 Total FY 2010/2011 ~~~ :~ ~~~ ~~~ ~ ~~~ ~ ~~~ 5 95 CAPITAL IMPROVEMENT PROGRAM BY FUNDING SOURCE Local Recreation Available Option Impact Construction Riverfront Cemetery Bank Gas Tax DST Fees Funds Airaort Grants CRA Trust Fund Notes Total FISCAL YEAR 2011/2012 Police Department Parl Police Vehicle Replacement $ sas,ooo ~ sss,ooo Roads and Special Projects Street Repaving S 50,000 g 50,000 Sidewalk Construction S tso,ooo S tso,ooo Parks & Recreation Barber/Atom Terrace $ 50,000 g 50,000 Stormwater Eng 1/4 Round Swale Rehab ~ 350,000 S 350,000 Airport Master Plan Update s 60,000 s 2ao,ooo $ 500,000 Golf Course Clubhouse/Irrigation/Tee Boxes $ 2,t95,ooo S 2,t95,oo0 Tota1FY2011/2012 i ~~~ ~~~ ~ ~~~ ~ ~~~ ,~ ~~~ ~~~ ,,~ ~~~ G~j 6 CAPITAL IMPROVEMENT PROGRAM BY FUNDING SOURCE FISCAL YEAR 2012/2013 Police Department Police Vehicle Replacement Roads and Special Projects Street Repaving Sidewalk Construction Parks & Recreation Celtic & Crown Stormwater Eng 1/4 Round Swale Rehab Road Crossing/Side Yard Piping Airport Professional Services T/W C Construct Taxiway C Total FY 2012/2013 Local Recreation Available Option Impact Construction Riverfront Cemetery Bank Gas Tax DST Fees Funds Airport Grants CRA Trust Fund Notes Total $ 385,000 $ 385,000 $ so,ooo ~ 50,000 s lsgooo ~ lso,ooo s so,ooo $ so,ooo $ 350,000 $ 350,000 ~ zso,ooo $ 250,000 $ 3,947 $ 153,947 $ 157,894 $ 58,125 $ 2,266,875 $ 2,325,000 ~ its ~~~ ~ tt~ ~ ~ ~ 7 q~ CAPITAL IMPROVEMENT PROGRAM BY FUNDING SOURCE Local Recreation Available Option Impact Construction Riverfront Cemetery Bank Gas Tax DST Fees Funds Airport Grants CRA Trust Fund Notes Total FISCAL YEAR 2013/2014 Police Department Parl Police Vehicle Replacement $ 3ss,ooo $ 3ss,ooo Police Boat/Trailer S 55,000 $ ss,ooo Roads and Special Projects Street Repaving $ Iso,ooo $ 150,000 Schumann & barber Intersection $ l,soo,ooo $ 1,soo,ooo Sidewalk Construction $ Iso,ooo $ Iso,ooo Sidewalk Repairs $ so,ooo $ so,ooo Stormwater 1/4 Round Swale Rehab $ sso,ooo $ sso,ooo Road Crossing/Side Yard Piping $ zso,ooo $ zso,ooo Dredging/Bulkhead Renovation $ loo,ooo $ loo,ooo Airport Install Runway Lighting $ 2s,a3~ $ 9la,os3 $ 937,500 Tota1FY2013l2014 ~~ ~~~ ~~ ~~~ ~, ~~ 8 CAPITAL IMPROVEMENT PROGRAM BY FUNDING SOURCE FISCAL YEAR 2014/2015 Police Department Police Vehicle Replacement Roads and Special Projects Street Repaving Sidewalk Construction Sidewalk Repairs Stormwater Eng 1/4 Round Swale Rehab Road Crossing/Side Yard Piping DredgingBulkhead Renovation Airport Medium-size "Box Hangers" Rehabilitate Apron Riverfront CRA Underground Utilities Total FY 2014/2015 Local Recreation Available Option Impact Construction Riverfront Cemetery Bank Gas Tax DST Fees Funds Airport Grants CRA Trust Fund Notes Total $ 385,000 $ 385,000 $ 1so,ooo $ 1so,ooo $ 150,000 $ 1so,ooo $ so,ooo $ so,ooo $ 350,000 $ 350,000 $ 250,000 $ 250,000 $ 100,000 $ 100,000 $ 375,000 $ 1,500,000 $ 1,875,000 $ lzsoo $ a87soo $ soo,ooo $ 3,500,000 $ 3,500,000 Grand Total ~~i ~~~ .~~ ~~~ ~~ ~~~ ~~i ~ 4 94 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 SUMMARY OF CAPITAL IMPROVEMENT PROJECTS POLICE DEPARTMENT Project Name FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total Police Vehicle Replacement $ 385,000 $ 385,000 $ 385,000 $ 385,000 $ 385,000 $ 385,000 $ 2,310,000 Police Boat and Trailer - - - - 55,000 - 55,000 Parking Lot Expansion - 45,000 - - - - 45,000 Department Total '. 1 t 1 ', ~ 1 11 1 ', : 1 11 ', 1 1 1 ', ~~ 1 11 1 ', ; 1 1 1 ', 1 1 1 1 /00 10 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL POLICE DEPARTMENT Project Name: Funding Source: Justification: Police Patrol Vehicles Project Descri tion: Discretionary Sales Taxes 5 year vehicle replacement planand additionalnew vehicles for added positions. Project Costs: FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $38;000 $3.85,000 $385',000 $38;000 $38;000 $38,000'' Operating Impact: $0 $0 $0 $0 '$0 $0 Project Total $2,310,000 $0 Project Name: Funding Source: 'oliceBoat and Trailer Project Descri tion: )iscretionary Sales'Taxes Police boat and trailer replacement Justification: PY 13/14 -replace 10 year old police patrol boat, high hous and high ma~ilenartiee f~pii12003 Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $0 $0 $55,000 $0 $55,000 Operating Impact: _ $0 $0 $0 $0 -$5;000 $0_ -$x,000 Project Name: Pai•kinU Lot Ex ansion Project Descri tion: Funding Source: Discretionary Sales Taxes Provide Parkin Behind the Police Station Justification: This will add about'eleven s aces'and exti;nd.oubfrom the currenf> arkin~ area b about th' feet. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $45,000 $0 $0 $0 $0 $45,000 Operating Impact: $0 $0 $0 $0 11 $0 $0 $0 !Of CITY OF SEBASTIAN, FLORIDA FISCAL YEAR ?010-2015 SLfMMARY OF CAPITAL IMPROVEMENT PROJECTS PUBLIC WORKS DEPARTMENT Project Name FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total •.• • .- • - Street Repaving $ 50,000 $ 25,000 $ 50,000 $ 50,000 $ 150,000 $ 150,000 $ 475,000 PowerlineRoadNorth 1,146,250 - - - - - 1,146,250 Schumann & Barber Intersection 1,500,000 1,500,000 Sidewalk/Bike Paths Construction - - 150,000 150,000 150,000 150,000 600,000 Sidewalk Repairs - - - - 50,000 50,000 100,000 512 Median Landscaping - 500,000 500,000 Public Works Garage Relocation 1,150,000 - - - - - 1,150,000 ~~ • • • $ 2,346,250 $ 525,000 $ 200,000 $ 200,000 $1,850,000 $ 350.000 ~ 5.471.250 '- • ~ • Barber Street Field Lighting $ - $ 275,000 $ - $ - $ - $ - $ 275,000 Splash Pazk Canopy 50,000 - - - - - 50,000 Skate Park Office 50,000 - - - - - 50,000 New Park -Barber/Acorn Terrace - - 50,000 - - - 50,000 New Park -Celtic & Crown - - - 50,000 - - 50,000 Lift Station -Riverview Park - 100,000 - - - - 100,000 ~~ • • • $ 100,000 $ 375,000 $ 50,000 $ 50,000 $ - $ - $ 575.000, n~car~~-e~~.~c:~ 1/4 Round Swale Rehab $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 2,100,000 Road Crossings/Side Yard Pipes - - - 250,000 250,000 250,000 750,000 Dredging Bulkhead Renovations - - - - 100,000 100,000 200,000 Division Total Scissor Lift Building Relocate South Paved Roadway Division Total / (7Z $ 350,000 $ 350,000 $_350,000__$ 600:000 $ ,_7.0.0,000 $.700,000. _$-_:3,050,000' $ 50,000 $ - $ - $ - $ - $ - $ 50,000 - 50,000 - - - - 50,000 $ 50,000 $ 50,000 $ - $ - $ - $ - $ 100,000 12 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL PUBLIC WORKS DEPARTMENT Project Name: Funding Source: Justification: Street Re avulff Project Descri tion: Local Option Gas Tax Rehabilitation and repaving of failing road base and roads Chis project is necessaryto keepthe streets in good condition and safe tothe residents. There are severa Nhich shouldbe done right away duc tofailingroadbase, ie: Periwinkle Drive,. Laconia Sheet, Mau Street, also all theside streetsbetweenIndianIZiver Drive and US #1 should be taken care ofas'soon a~ aossible. Project Costs: FY 09-10 $50;000 Operating Impact: $0 Project FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $25,000. $50,000 $50,000 $150,000 $150,000 $475,000 $0 $0 $0 $0 $0 $0 Project Name: Funding Source: Powerline Road North Project Descri tion: $..166,014. Developer Escrow Design and construction of the extension of Powerlirie Road from $33.0,022 CIP Fund 320 Main Street to Sebastian Blvd. $432,7.16 CIP Fund 330 $217,498 Discretionary Sales Justification: T~s will allow mother nart~SOUt1~ a4cess road tl~pu b~ i~ ci Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $1;146,250 $0 $0-_ $0 $0 $0 $1;16;250 Operating Impact: $0 $0 $0 $0 $0 $0 $0 Project Name: Schumann & Barber Intersection Project Descri tion: Funding Source: Discretion Sales Taxes' Im rovements to Intersection. Justification: These funds were budgeted iri )~Y 08-09 but are being reallocated to FY 13-14. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $0 $0 $1,500,000 $0 $1,500,000 Operating Impact: $0 $0 ' $0 $0 $0 $0 $0' Project Name: Sidewallc/bike aths construction Project Descri tion: Funding Source: Discretiona Sales Taxes installation of new sidewalks tl~rou hoot theci Justification: This ro'eet focuses-on-allowin residents to walls offrpad to avoid accidents. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $1.50,000 $150,000 $150,000 $150,000 $600,000 Operating Impact: $0 $0 $0` $0 $0` $0 $0 13 i03 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL PUBLIC WORKS DEPARTMENT Project Name: Funding Source: Sidewalk Re airs Project Descri tion: Normally. LOGT; these repairs ; RemovaUrepair of broken or .cracked sidewalks throughout City: will need to charged to the Public Works Operating Budget, until the Paving Note' is paid off. Justification: This ro~ecfis necessarvfor the safe and''well being of the resident's to avoid tri s andrfalls on'broken'' Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $0 $0 $50;000. $50,000 $100;000 Operating Impact: $0 $0 $0 $0 $0 $0 $0 Project Name: Funding Source: 512 Median Landsca ina Pro'ect Descri tion: Discretionary Sales`Ta~ces Improvements to improve the appearance of this major entryway to the Ci .Irrigation and'landsca in .will be added. Justification: This. ro ect:>s~ desirable to enh~iCC tie vi®~v of those enter~n th~:~i Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $00,000 $0 $0 $0 $500;000 Operating Impact: $0 $0 $0 $0 $0 _ $0` $0 Project Name: Funding Source: Justification: Project Costs: FY 09-10 $1,150,000 Operating Impact: $0' Project Name: Funding Source: Justification: Public Works Facil Project Descri tion: Discretiona Sales Taxes Relocate''tlie Public Works ara e and vehicle storage area. This is necessary in order to enhance the v~e1v of those enuring the City. ,... Project FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $Q $0 $0 $0 $1;150,000 $0 $0 $0 $0 $0 $0 Barber Street Field Li tiny Project Descri tion: 'Diseretiona Sales Taxes Remove and re, lace out li is with new Chose are the oldest lights in the city and net~d to be''replaeEd with'new to alliviate some:'o~ tb, nauitenance costs. ;. Project Costs: FY 09-10 $0 Operating Impact: $0 ioy Project FY 10-1I FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $275,000 $0 $0 `$0 _ $0 $275,400 $0 $0 $0 $0 $0 '' $0 14 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL Project Name: Slash ParkCano'' Project Descri lion: Funding Source: Recreation Impact Fees Install. a canopy: at the'Splash Pai-k. Justification: T}iis covering will provide shade for the customers. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $50,000 $0 $0 $0 $0 $0 $50;000 Operating Impact: $0 $0 $0 $0 $0 $0 $0 Project Name: Funding Source: Skate. Park Office Project Descri lion: Zecreation ImpactFees Constrict on officefacility at the Skate Park. Justification: This willuitprove operations at this facility and provide better working conditions.... Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $50,000 $0 $0 $0 $0 $0 $50,000 Operating Impact: $0 $0 $0 $0 $0 $0 $0> Project Name: Funding Source: Justification: NewParks Project Descri lion: Recreation Impact Fees Installation of new neighborhood parks: Barber/Acorn; Zone D and Celtic/Crown,'Zone D: This project continues. allowing neighborhood parks' in areas throughout the City. 11-12 Barber/Acorn i; proposed, 12-13 -Celtic and Crown is proposed Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $50,000 $50,000 $0 $0 $100,000 Operating Impact: $0 $0 $0 $0 $0 $0 $0 Project Name: Lift!Statioil Riverview Park Project Descri lion: Funding Source: ' Eliminate the se tic tank b installin a lift station for the bathrooms Justification: To a Urade-the s stem andeliminate thenced to um the>~se tic'ever tiime there isan event. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $100,000 ___ $0_ _ _ $0 _ $0_ _ _ $0 $1.00,000 Operating Impact: $0 $Q' $0' $0 $0 $0 $0 15 X05 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL PUBLIC WORKS DEPARTMENT Project Name: Funding Source: 1/4 Round Project Descri tion: Discretionary SalesTaxes Installation of 1/4 Round throughoutthe City.. Justification: To continue the program of updating the drainage throughout the City. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $350,000 $350,000' $350,000 $350,000 $350;000 X350,000 $2,100;000 Operating Impact: $0 $0 $0 $0 $0' $0 $0 Project Name: Funding Source• Justification: Road Crossin s/Side Yard Pi es Project Descri tion: Discretionary SalesTaxes Installingnew pipes in side yard ditches as quarterround'is installed.. and replacing failing road crossing pipes all through the City.' Chic project X11 help major flooding thro~hout the City by replacing failing pipes under the roads ani dso save ~z# rnamtenance by the mowing cpntr3ctor by eliminatirip the Side ditches to be ma~tauied Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $0 , $250;000 $250,000 $250;000 '' $750,000 Operating Impact: $0 $0 $0 $0 $0 $0 $0 Project Name: Funding Source: Dred ina Bulkhead'Renovation Project Descri tion: Discretionary Sales' Taxes This is_for necessary dredging and' bulkhead=renovations to approximately_ 8 miles of canals that'are located south of County Road'S12. Justification: .This work will need to be done sometime' in the future. Project Costs: FY 09-10 FY 10-11 $0 $0 Operating Impact: `$0 -$0 ib~ FY 11-12 FY 12-13 FY 13-14 FY 14-15 $0 $0 X100,000 $100,000 $0 $0 $0 $0 16 Project Total $200,000 $0` CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL PUBLIC WORKS DEPARTMENT Project Name: Funding Source: Justification: Scissor Lift Building Pro'eet Deseri tion: Cemete _Trust Fund Thiswill roviden building to''store the scissor lift unit. `his isnecessary to protectandstore the scissor lift and keep its electrical components dry andout c ie weather. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $50,000.... $0 $0 $0` $0 $0 $50,000 Operating Impact: $0 $0 $0 $0 $0 $0 $0 Project Name: Funding Source: Redo South'Paved Roadwa' Project Descri tion: Cemete Trust Fund ' The roadwa ~ willbe relocated., Justification: This is necessal because the existing roadwa woes over lave s aces. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $50,000 $0 $0' $0 $0 $50;000 Operating Impact: $0 $0 $0 $0 $0 $0. $0, 17 l D' CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 SUMMARY OF CAPITAL IMPROVEMENT PROJECTS GOLF COURSE Project Name FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total New Clubhouse $ - $ - $ 2,195,000 $ - $ - $ - $ 2,195,000 Department Total ~ 111 ~, ~ ~ ~ ~ ~G~ ~s CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL GOLF COURSE Project Name: Funding Source: Justification: New Club House Project Description: This will be funded with a 12 year The estimated amount of $2,195,000 includes engineering plans, debt issue of an expected rate o removal of existing building, the temporary facility, and all aspects o 3.5%. new construction. Construction estimate includes $470,000 for irrigation improvements and $200,000 for work on tee boxes. $100,000 will be used to relocate Green #9 and #18. $175,000 for design is also included in the total estimated project costs. e cost of renovating existing golf shop, offices and restrooms and adding additional 1600 square the existing building is not cost effective due to several reasons including plumbing and elect ues, frame construction and evidence of termites and air conditioning issues. Project Costs: FY 09-10 $0 Operating Impact: $0 FY 10-11 FY 11-12 FY 12-13 FY 13-14 $0 $2,195,000 $0 $0 $0 $0 $0 $0 19 Project FY 14-15 Total $0 $2,195,000 $0 $0 X09 CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 SUMMARY OF CAPITAL IMPROVEMENT PROJECTS AIRPORT Project Name FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total Medium-size "Box Hangers" $ - $ - $ - $ - $ - $1,875,000 $1,875,000 Master Plan Update - - 300,000 - - - 300,000 Prof.Services R/W 4/22 157,894 - - - - - 157,894 Pro£Services Taxiway C - - - 157,894 - - 157,894 Construct Taxiway C - - - 2,325,000 - - 2,325,000 Install Runway Lighting - - - - 937,500 - 937,500 Rehabilitate Apron - - - - - 500,000 500,000 ~~ - • • - ~ • • $ 157,894 $ - $ 300,000 $2,482,894 $ 937,500 $2,375,000 $E //U Zo CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL AIRPORT Project Name: Box Hangers Project Descri tion: Funding Source: FDOT $1;500,000 ' City $375,000:.. Build ""box"" hangers Justification: Medium-size ""Bow""needed for anticipated growth Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 _ $0 _ $0 $0 $0 $1,75,000 $1,875,000 Operating Impact: $0 $0 $0 $0 $0 $375,000 $375,000 Project Name: Master Plan U date Project Descri tion: Funding Source: FDOT$240,000:.-' City $60;000 ConducfAirport'MasterPlan:Study Justification: Numerous economic development and .infrastructure requixenlents need future planning for justification Project Costs: FY 09-10 '$0 Operating Impact: $0 Project FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $300;000 $0 '$0 $0 $300,000 $0 $60;OOp $0 $0 $0 $60,000 Project Name: Funding Source: Justification: Runway 4/22 has non-standardlig tiny-and markin s. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $157,894 $0 $0 $0 $0 $0 $157,894 Operating Impact: $3,946 $0 $0 $0 $0 $0 $3,946 21 R/W 4/22 Im rovements Project Descri tion: EDOT$3;947 Runwa' 4/22 rehalzilitation ofl hts and markin s. ~Il CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL AIRPORT Project Name: Funding Source: Justification: Taxiwa C IDesi r Project Descri tion: FDOT $3,947 Perform feasibility, design; and engineering services for the City $3;947' construction of Taxiway C FAA $150,000 At present, there is no parallel taxiway to Primary Runway 4-22. Aircraft taxing to the Terminal and fuel facility currently have to .cross .the intersection of RWYS8-26' and4'-22 then cross thethreshold of 8 again; in order totaxi to Primary Runway 4, Notonly is this the Primary Runway, it also>has the most favored. winds at over 97%. The act of crossing 3 active runways just to get to the primary: can be a significant. safety hazard, promoting unnecessary ntnway incursions: The addition of a full- length .parallel taxiway to-Primary Runway _4-22 will eliminate this safety concern and improve airport operations. Project Costs: FY 09-10 $0 Operating Impact: $0 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $0 $0 $157,894 $0 $0 $0 $0 $3947 $0 $0 Project Total $157,894 $3,946 Project Name: Funding Source: Justification: Taxiwa C Construction Project Descri tion: FDOT $58,125 Construct arallel Taxiwa C to rima RWY4-22 ?rimary Runway 4-22` needs to have'a full=length parallel taxiway inl order'to' eliminate the need tc "'back taxi"" on any portion of the runway. Additionally;.. Taxiway C will aid in obtaining ,aL nstrument approach procedure' for Runway 4-22. Project Costs: FY 09-10 FY 10-11 FY 11-12 ~0 $0 $0 Operating Impact: Project FY 12-13 FY 13-14 FY 14-15 Total $2,325,00.0. $0 $0 $2,235,000 $0 $0 $0 $58,.125 $0 $0: $58,125 Project Name: Funding Source: Justification: Install Runway Li htinQ [not_ Project Descri tion: FDOT $23,438 Install u dated runwa li htina and REIL for RW 4/22. Install ZEILs installation will bring the runway into compliance and enhance safety. REII_ installation or ZW 8/26- will enhance safety during marginal visibility conditions...Taxiway/taxilane lighting' i; iecessary for safety improvement. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-1:3 FY 13-14 FY 14-IS Total $n $n ~n ~n $937,Snn $0 $937,500 Operating Impact: $0 $0 $0 $0 _ .....$23,437 '$0 $23,437 Z Z'- CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT DETAIL AIRPORT Project Name: Funding Source: Justification: Rehabilitate A' ron Project Descri tion: FDOT$12,500' Apron F rehabilitation City $12;500 FAA $475,000 apron F is the former southeast section'of .closed runway 13/31. Its 'stuface is the original 194= isphaltwhen theairport wasconstructed: Its surface is loose, thin,uneven,and unsafe to aircraft. Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $0 $0 $0 $500,000 $500,000 Operating Impact: $0 $0; $0 $0 $0 $12;500 $12,500 23 Ili CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 SUMMARY OF CAPITAL IMPROVEMENT PROJECTS RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY Project Name FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total Cavcor Project $ 750,000 $ - $ - $ - $ - $ - $ 750,000 Underground Utilities - - - - - 3,500,000 3,500,000 Department Total `I// 24 ( -( CITY OF SEBASTIAN, FLORIDA FISCAL YEAR 2010-2015 CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY Project Name: Funding Source• Justification: Cav Co Parkin renovation Project Descri tion: CRA Funds. $400,000 Surfacersthe parking lot (i.e: asphalt or permeable surface); Discretionary Sales Tax.. $250,000 landscaping, more defined drive aisles and ingress/egress, etc: Recreatiombnpact Fees. $100,000' - Public parking is identified iri the CRA Master Plan as party of critical infrastructure improvements. witlut the Riverfront district. This project wouldencompass a complete .renovation of the parkurg areaknown as Cav Corp, just 'east of the Hess gas'station. This lot is cunently__underuntilized-_by haphazar boatJtrailer parking and could be better utilized. By surfacing the lot, defining parking spaces, adding laniiscaping this 14f-would become an amenity to Riverfront visitors as well as local businesses. , Project Costs: FY 09-10 $750,000 Operating Impact: $0 Project FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $0 $0 $0, $750,000 $0 $0 '$0 $0 $0 - $0 Project Name: Funding Source: Justification: Under ound Utilities Project Descri tion: This projeetwill be'funded with a Within'the Riverfront District;''bury utlities_(electric,phone, cable) bank note. The banknote is ' underground:.... anticipated to be issued' for 15 years at a rate of about 3'.9%: In the CRA' Master Plan, urban design recommendations for the Riverfront district include placuig all utilities underground. This wouldS,greatly increase the aesthetics of the Riverfront district and would be the first phase of a streetscaping program. Once the utilities are underground, the City can place hardscape amenties`includmgbmches and landscaping (i.e. street trees, planters; etc). Project Costs: Project FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Total $0 $0 $0 $0 `$0 $3,500,000 $3,500,000 Operating Impact: $0 $0 $0 $0 $0 $0 $0 25 r+~ CITY t3I a ry ,~: '~, >v HC3ME rJF PELICAN 1511-~Nt? CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-09-25 Calling November 3, 2009 General Election AGENDA NO DEPT. ORIGIN DATE SUBMITTED MEETING DATE 0~~t1~~ City Clerk Cam" 7/7/09 7/22/09 APPROVED FO S ITTAL: City Manage . City Attorney: ~~~ EXHIBITS: Resolution R-09-25 Legal Ad Expenditure Required: Amount Budgeted: Appropriation Required: Estimate $32,000 FY 10 Not Yet Adopted N/A SUMMARY STATEMENT Provisions of the City Charter require specific actions of the City Council in regard to the general election conducted each year in the City of Sebastian. Charter Section 4.07 requires City Council to adopt a resolution stating where the election will be held, offices to be filled and questions to be decided. Section 4.07 also provides for the City Council to authorize the City Clerk to advertise the election in accordance with Florida Law. The resolution also contains a provision authorizing the Supervisor of Elections to administer the election and approves payment for costs incurred. Florida Statutes 100.021 requires advertisement twice in the thirty-day period prior to the beginning of qualifying. By Charter Section 4.02, the City's qualifying period runs from August 20, 2009 through September 4, 2009 (no more than 75 nor less than 60 days prior to the election). Following adoption of this resolution, ads will run on July 31 and August 14, 2009. The City Canvassing Board will canvass this year's election in accordance with the Charter. The Canvassing Board consists of the City Clerk (chairperson), City Attorney and a third person appointed by the City Clerk. I have appointed the City Manager as in the past several years and he has accepted. RECOMMENDATION Motion by Council to adopt Resolution No. R-09-25 designating polling places, offices to be filled, directing ads to be noticed, and authorizing the Supervisor of Elections to administer the November 3, 2009 City of Sebastian General Election. jl1 C~8 RESOLUTION NO. R-09-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A GENERAL ELECTION IN THE CITY OF SEBASTIAN FOR NOVEMBER 3, 2009; STATING WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN ACCORDANCE WITH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 2.03 of the Charter of the City of Sebastian, Florida, a General Election is held in the City of Sebastian on the first Tuesday following the first Monday in November of each even-numbered year for election of two (2) council members and of each odd-numbered year for election of three (3) council members; and WHEREAS, in accordance with Section 4.07 of the Charter of the City of Sebastian, Florida, the City Council in conjunction with the City Clerk shall make all necessary arrangements for all City elections and declare the results thereof, including the adoption of a resolution calling any such election, stating therein where the election shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law; and NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: Section 1. CALLING ELECTION. The City Council of the City of Sebastian, hereby calls a General Election to be held in the City of Sebastian on Tuesday, November 3, 2009. Section 2. POLLING PLACES. The November 3, 2009 General Election shall be held at Indian River County Precincts 103, 104, 105, 106, 107, 109, 201, 203 and 204 with locations as designated by the Indian River County Supervisor of Elections and are subject to change. Section 3. OFFICES TO BE FILLED. The three (3) council member positions expiring in November 2009, shall be filled at said General Election for two (2) year terms. 11R Section 4. NOTICE. The City Clerk is hereby directed to cause notice of this election to be published in accordance with Florida Law. Section 5. ADMINISTRATION. City Council hereby requests that the Indian River County Supervisor of Elections administer said election in matters relating to registration of electors and voting methods and procedures as set out in Section 4.08 of the City Charter and in accordance with Florida law, and hereby delegates the conduct of such election to said officer and further authorizes payment to the Supervisor of Elections to reimburse the costs thereof. All matters relating to candidate qualifying, advertising and canvassing will be administered by the City Clerk and the City Canvassing Board for the November 3, 2009 General Election in accordance with Section 4.08 of the City Charter. Section 6. REPEAL. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 7. EFFECTIVE DATE. This Resolution shall take effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice Mayor Jim Hill _ Councilmember Andrea S. Coy Councilmember Dale Simchick _ Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of July, 2008. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk Richard H. Gillmor, Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney 2 ~Zo PUBLIC NOTICE NOVEMBER 3, 2009 GENERAL ELECTION CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA The City of Sebastian, Indian River County, Florida, will conduct a general municipal election on Tuesday, November 3, 2009 for the purpose of electing three (3) City Council members for terms of two (2) years. The official candidate qualifying period is August 20, 2009 through September 4, 2009 in accordance with Section 4.02(b) of the City Charter. Candidate packets are available in the Office of the City Clerk, City Hall, 1225 Main Street, Sebastian, Florida and on the City's website www.cityofsebastian,org. *CITY OF SEBASTIAN POLLING PLACES: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 Sebastian Blvd, Sebastian 107 Sebastian Elementary School, 400 Sebastian Blvd, Sebastian 109 North Indian River County Library, 1001 Sebastian Blvd, Sebastian 201 Trinity Lutheran Church, 611 Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian *Polling Places are established by the Supervisor of Elections for Indian River County and are subject to change. The polling places shall be open from 7:00 a.m. to 7:00 p.m. Sally A. Maio, MMC City Clerk -City of Sebastian (100.021 FS) Published: Vero Beach Press Journal Legal Notices Friday, July 31, 2009 Friday, August 14, 2009 \wp-e/ectlad 1. wpd iz~ ~zz cm of `~` : .: HOME OF PELICANISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: C~ ~ : ~~ Dir t St Re: Referendum for Tax Inc ntiv Department Origin: City Clerk ~ `~ ~~ Date Submitted: 7/10/09 it n ger For Agenda of: 7/29/09 Cit Attorne Exhibits: R-09-11 Draft Economic Development Plan SUMMARY STATEMENT City Council approved a draft economic development plan by adoption of R-09-11 on March 11, 2009. Discussions took place in March and April about placing a referendum question on the ballot in regard to tax incentives. Staff previously reported to Council that the City Charter requires adoption of a resolution to authorize a special election for purposes other than election of officers and the time frame set out in the Charter would require adoption of the resolution at one of the regular meetings in September. To meet the Supervisor of Elections requirement to mail out overseas ballots 45 days prior to the election, we would have to adopt on September 9, 2009. Further procedures for Economic Development ad valorem tax exemptions are set out in FS 196.1995 and business definitions are set out in 196.012. During Council's discussion of tax incentives, there was input relative to joining with Indian River County on the ballot question. Element 3.2 of the adopted draft Economic Development Plan states "Partner with Indian River County in providing ad valorem tax credits." Following consideration of a referendum on the issue at a meeting in May, the Indian River County Commission made a decision to .wait until the November 2, 2010 Election to place a tax incentive question on the ballot, due to the fact that the County does not have an election in 2009. We are seeking Council's direction as to whether you wish to move forward with the referendum question for the City's November 3, 2009 election so that we have time to prepare the resolution for September 9th adoption, or do you wish to wait until the November 2, 2010 Fed/State/County/City election to do so. RECOMMENDED ACTION Give direction to staff on the proposed tax incentive referendum question: November 2009 or November 2010? ~Z3 IZU RESOLUTION NO. R-09-11 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A DRAFT ECONOMIC DEVELOPMENT PLAN FOR THE CITY OF SEBASTIAN DATED MARCH 2009 AND USING SUCH PLAN AS THE GROUNDWORK FORA FINAL ECONOMIC DEVELOPMENT ELEMENT TO BE INCORPORATED INTO THE CITY OF SEBASTIAN COMPREHENSIVE PLAN AT A LATER DATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council recognizes the need for a City of Sebastian Economic Development Plan to encourage commercial and light industrial development forjob growth in the City of Sebastian; and WHEREAS, the City of Sebastian in conjunction with the Sebastian River Area Chamber of Commerce and Chamber Economic Development Task Force have worked together over the last two years to develop an economic development plan; and WHEREAS, City Council at its February 18, 2008 workshop discussed the draft plan and directed staff to bring back a Resolution for adoption. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Counci{ hereby adopts the March 2009 Draft City of Sebastian Economic Development Plan as attached hereto as Exhibit "A". Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member Simchick ~oy.,.__ and, upon being put into The motion was seconded by Council member a vote, the vote was as follows: --. lfY. ~~~ 2 ~ `1 F `' ~ ~\ Mayor Richard Giilmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff aye aye ave aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of March, 2009. ATTEST: ~~ !- Sally A. io, MMC City CI rL~ CITY OF SEBASTIAN, FLORIDA B. Richard H. Giilmor, Mayor Approved As to Form And Legality For Reliance by the City Of Sebastian Only: Robert A. Ginsburg, Ci ttomey CITY OF ~~ ~~ .-~ ~~ HOME OF PELICAN ISLAND COMPREHENSIVE PLAN ECONOMIC DEVELOPMENT ELEMENT l~L~RCH 2Q09 Prepared By: City of Sebastian Growth Management Department 1225 Main Street Sebastian, Florida 32958 L~ Preamble In April 2007, the Sebastian City Council conducted an Economic Development Workshop. This exercise was held in conjunction with the Sebastian River Area Chamber of Commerce, who sponsored Bill Fruth, a nationally renowned economist, as a speaker for the meeting. As a result of the workshop, the City Council unanimously agreed to create an Economic Development Plan for the City of Sebastian. Subsequently, the Ciry Council adopted Resolution #R-07-45, which enlisted the efforts of the Chamber of Commerce to help develop a plan. Accordingly, the Sebastian River Area Chamber of Commerce started the task assigned by the City Council and created an Economic Development Task Force. The task force's members were appointed by the Chamber of Commerce and included citizens with business backgrounds and perspectives. From November 2007 through April 2008, the task force met and deliberated. Their final product entitled "Economic Development Plan for the City of Sebastian" was presented to the City Council in a workshop on January 7, 2009. The Council formally accepted the plan as presented by the Sebastian River Area Chamber of Commerce. In moving forward with this endeavor, the Chamber of Commerce's Economic Development Plan was used as the foundation for this element of the City of Sebastian's Comprehensive Plan. Adopted 3/21/09 Economic Development Element - 1 lZg GOAL It is the goal of the City of Sebastian to promote economic growth through commercial development, light industrial development and job creation. OBTECTIVE 1: Identify business sector targets that offer light clean business/ industry and support a hying wade Policy 1.1: The City shall support primary and secondary target industries as adopted by Indian River County. In addition, the City recognizes the special characteristics of the local economy and will develop Sebastian target industries as an addendum to County wide targets. The City also identifies industries which are detrimental to the community and seeks to avoid. The target list shall be reviewed as needed in order to reflect the current economic climate. Primary Target Industries 1. Clean Light Industrial -Warehousing, Distribution 2. Aviation/Aerospace Technology 3. Medical Industry 4. Marine -Boat Manufacturer, Fishing Equipment 5. Eco-Tourism Related Businesses 6. Green Initiatives Secondary Target Industries 1. Retail 2. Aquaculture 3. Automotive 4. Surfing/Fishing Equipment 5. Family Entertainment Industries to Avoid 1. Heavy Industrial/Manufacturing 2. Chemical 3. Fertilizer 4. Cement Objective 2: The Citv of Sebastian will provide new and expanding businesses with incentives. if certain lob cntena are met Polity 2.1: New and expanding business shall diversify the local economy and increase the tax base by paying wages that are equal to or above 75% of the average wage and benefits in Indian River County as published and identified by the Indian River County Chamber of Commerce. Policy 2.2: New and expanding business seeking City of Sebastian incentives shall create a minimum of five (S) new jobs. Objective 3: For new and ex andi business that meet the olicies in Objective 2 the Ci shall provide financial and other incentives Adopted 3/21/09 Economic Development Element - 2 L- I Policy 3.1: The City of Sebastian will offer expedited site plan review that guarantee administrative determination, and permit issuance, within sixty (60) days of formal permit application. Administrative determination and permit issuance that require review, approval, and issuance by the appropriate local advisory board and/or City Council, will be guaranteed review by the local authority within sixty (60) days from formal permit application. Policy 3.2: Partner with Indian River County in providing ad valorem tax credits. Policy 3.3: Provide CRA financing for County Impact Fees. Policy 3.4: Allow the use of CRA funds to reduce the cost o£ 1. Water/Sewer Connections; 2. Local Building Permit Fees Policy 3.5: Provide special lease arrangements at the Sebastian Municipal Airport that mitigate construction and future costs. OBTECTIVE 4: The Citv of Sebastian recognizes that all new, expanding and existing business is_ important to the local economy The City shall implement policies that promote business development no matter their size or impact on the local economy Policy 4.1: Develop a marketing plan to target the identified sectors Policy 4.2: Consider areas outside the City for annexation that could provide future areas for commercial or industrial development. Objective 5: The Citv of Sebastian shall promote develop and enhance the use of the Sebastian Mumcipal Airport Policy 5.1: The Sebastian Municipal Airport shall actively market airport industrial lots and space and coordinate its marketing plans with other area marketing plans. Policy 5.2: The Sebastian Municipal Airport will seek grants and other funding opportunities to improve roads and infrastructure delivery. Policy 5.3: In developing the Sebastian Municipal Airport, win-win scenarios will be realized that support the economy, while protecting the natural environment and conservation areas that encompass the airport. Objective 6; The City of Sebastian will promote and provide a skilled labor force by ensuring that educational and housing opportunities flourish Policy 6.1: Establish a list of training needs for target and other businesses. Policv 6.2: Further education efforts for job training programs through Iocal high schools that provide vocational training and assist, if necessary, in providing venues for training. Adopted 3/21 /09 Economic Development Element - 3 l3~ Police 6.3 Continue partnering with Indian River State College for post-secondary educational training opportunities. Policy 6.4: Develop other contacts for four-year colleges or universities to determu7e the probability of a branch campus or research facility being established in Sebastian. Police 6.5: The City will work with the County's Local Housing Assistance Program, Workforce Housing Tax Credit Program, and other housing programs, to provide and continue to provide affordable housing opportunities within Sebastian. OBJECTIVE 7: Provide technical assistance to business. Policy 7.1: The City of Sebastian will create a Business Assistance Team in order to promote Sebastian, as well as provide technical assistance to existing, expanding, or new businesses through the regulatory processes of the City, County, State and Federal governments. Policy 7.2: The Sebastian River Area Chamber of Commerce and other economic development groups designated by the City Council shall develop and provide a community information package for new businesses and or businesses relocating to Sebastian. OBJECTIVE 8: Intergovernmental Coordination with other local municipalities, the CountX State, and Federal agencies for economic development. Policy 8.1: The City shall involve appropriate parties in any economic development project so that all entities are properly represented. Policy 8.2: The City through pre-application meetings and site plan review meetings, shall review procedures, identify needed pemuts, and provide information and feedback to applicants to expedite the permitting process. The City shall also assist applicants by providing information on non-county re9uired permits or reviews and provide contact information. OBJECTIVE 9: Tourism Development Policy 9.1: Market the City's historic themes on an eco-tourism and cultural tourism basis. Policy 9.2: Support the Sebastian River Area Chamber of Commerce efforts to market the Sebastian area as a vacation/recreation area. Policy 9.3: The City shall maintain gateway corridors (primarily 512 and LS 1) with landscaping and pedestrian amenities. Policy 9.4: The City shall explore historic tourism opportunities including walking tours. Polio 95: The City shall participate with the MPO in the North County Greenways plan for pedestrian, bicycle and waterway corridors. Adopted 3/21 /09 Economic Development Element - 4 f3( 196.1995 Economic development ad valorem tax exemption.-- (1) The board of county commissioners of any county or the governing authority of any municipality shall call a referendum within its total jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions under s. 3, Art. VII of the State Constitution if: (a) The board of county commissioners of the county or the governing authority of the municipality votes to hold such referendum; or (b) The board of county commissioners of the county or the governing authority of the municipality receives a petition signed by 10 percent of the registered electors of its respective jurisdiction, which petition calls for the holding of such referendum. (2) The ballot question in such referendum shall be in substantially the following form: Shall the board of county commissioners of this county (or the governing authority of this municipality, or both) be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses? Yes--For authority to grant exemptions. No--Against authority to grant exemptions. (3) The board of county commissioners or the governing authority of the municipality that calls a referendum within its total jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions may vote to limit the effect of the referendum to authority to grant economic development tax exemptions for new businesses and expansions of existing businesses located in an enterprise zone or a Brownfield area, as defined in s. 376.79(4). If an area nominated to be an enterprise zone pursuant to s. 290.0055 has not yet been designated pursuant to s. 290.0065, the board of county commissioners or the governing authority of the municipality may call such referendum prior to such designation; however, the authority to grant economic development ad valorem tax exemptions does not apply until such area is designated pursuant to s. 290.0065. The ballot question in such referendum shall be in substantially the following form and shall be used in lieu of the ballot question prescribed in subsection (2): Shall the board of county commissioners of this county (or the governing authority of this municipality, or both) be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions for new businesses and expansions of existing businesses which are located in an enterprise zone or a Brownfield area? Yes--For authority to grant exemptions. No--Against authority to grant exemptions. (4) A referendum pursuant to this section may be called only once in any 12-month period. l3z (5) Upon a majority vote in favor of such authority, the board of county commissioners or the governing authority of the municipality, at its discretion, by ordinance may exempt from ad valorem taxation up to 100 percent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the ordinance is adopted. However, if the authority to grant exemptions is approved in a referendum in which the ballot question contained in subsection (3) appears on the ballot, the authority of the board of county commissioners or the governing authority of the municipality to grant exemptions is limited solely to new businesses and expansions of existing businesses that are located in an enterprise zone or brownfield area. Property acquired to replace existing property shall not be considered to facilitate a business expansion. The exemption applies only to taxes levied by the respective unit of government granting the exemption. The exemption does not apply, however, to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution. Any such exemption shall remain in effect for up to 10 years with respect to any particular facility, regardless of any change in the authority of the county or municipality to grant such exemptions. The exemption shall not be prolonged or extended by granting exemptions from additional taxes or by virtue of any reorganization or sale of the business receiving the exemption. (6) With respect to a new business as defined by s. 196.012(15)(c), the municipality annexing the property on which the business is situated may grant an economic development ad valorem tax exemption under this section to that business for a period that will expire upon the expiration of the exemption granted by the county. if the county renews the exemption under subsection (7), the municipality may also extend its exemption. A municipal economic development ad valorem tax exemption granted under this subsection may not extend beyond the duration of the county exemption. (7) The authority to grant exemptions under this section will expire 10 years after the date such authority was approved in an election, but such- authority may be renewed for another 10-year period in a referendum called and held pursuant to this section. (8) Any person, firm, or corporation which desires an economic development ad valorem tax exemption shall, in the year the exemption is desired to take effect, file a written application on a form prescribed by the department with the board of county commissioners or the governing authority of the municipality, or both. The application shall request the adoption of an ordinance granting the applicant an exemption pursuant to this section and shall include the following information: (a) The name and location of the new business or the expansion of an existing business; (b) A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; (c) A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased; 133 (d) Proof, to the satisfaction of the board of county commissioners or the governing authority of the municipality, that the applicant is a new business or an expansion of an existing business, as defined in s. 196.012(15) or (16); and (e) Other information deemed necessary by the department. (9) Before it takes action on the application, the board of county commissioners or the governing authority of the municipality shall deliver a copy of the application to the property appraiser of the county. After careful consideration, the property appraiser shall report the following information to the board of county commissioners or the governing authority of the municipality: (a) The total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; (b) Any revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined; (c) An estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; and (d) A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, as defined in s. 196.012(15) or (16), or into neither, which determination the property appraiser shall also affix to the face of the application. Upon the request of the property appraiser, the department shall provide to him or her such information as it may have available to assist in making such determination. (10) An ordinance granting an exemption under this section shall be adopted in the same manner as any other ordinance of the county or municipality and shall include the following: (a) The name and address of the new business or expansion of an existing business to which the exemption is granted; (b) The total amount of revenue available to the county or municipality from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the county or municipality for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect, and the estimated revenue loss to the county or municipality for the current fiscal year attributable to the exemption of the business named in the ordinance; (c) The period of time for which the exemption will remain in effect and the expiration date of the exemption; and (d) A finding that the business named in the ordinance meets the requirements of s. 196.012(15) or (16). /34 cm a -- HOME OF PELICAN ISLAFJD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: ~ ~ , ~ ~ Direct S ff Re: Political Sign Posting Ti - urrent Waiver Department Origin: City Clerk Date Submitted: 7/10/09 i y anager For Agenda of: 7/29/09 Cit Attorne Exhibits: 8/27!08 Minutes Excerpt, LDC Political Sign Code Provision SUMMARY STATEMENT City Council, at its August 27, 2008 Regular Meeting, following recommendation of the former City Attorney, due to a court decision on sign prohibitions based on content, passed the following motion: MOTION by Mr. Paternoster, SECOND by Mr. Neglia that the time frame for the installation of political signs be suspended indefinitely in code section 54-3-16.5 (4)(d) passed with a voice vote of 4-1. (Wolff-nay) The section waived was: Section. 54-3-16.5(4)(d) Political signs. Posting times limits. It shall be unlawful for any person to post a political sign more than 30 days prior to the election in which the candidate's name or the issue will appear, and it shall be unlawful to fail to remove a political sign within five days after the election in which the candidate is eliminated or elected or the issue is approved or disapproved. See full text of 8/24/08 minutes attached. The former City Attorney was awaiting a model sign code and the waiver is still in effect. We currently have three candidates pre-qualified and the official qualifying period begins on August 20th RECOMMENDED ACTION Discuss the sign issue with staff and direct accordingly. 135 /3~ Regular City Council Meeting August 27, 2008 Page Four 08.098 B. City Attorney -Political Campaign Sign Consideration (No Backup) The City Attorney explained the precedence of this item and requested Council formally suspend the 30 day installation time of political signs. In response to Mr. Wolff, the City Attorney said an opinion sign is allowed in people's yard as long as it is within size parameters. Ms. Simchick asked why the unsightly signs in the triangle are not being enforced. The City Attorney said private property comes out to five feet from the last pine tree on the property and the rest is public right of way. The City Manager said it is being monitored and think most of the signs are on the private property. Ms. Simchick asked for an explanation of the suspension. The Growth Management Director read section that would be suspended: Section. 54-3-16.5(4)(d) Political signs. Posting times limits. It shall be unlawful for any person to post a political sign more than 30 days prior to the election in which the candidate's name or the issue will appear, and it shall be unlawful to fail to remove a political sign within five days after the election in which the candidate is eliminated or elected or the issue is approved or disapproved. The Clerk asked about the removal time. The Growth Management Director quoted section (e) of the same section. Ms. Simchick asked when this would go into effect for next year's election. The City Attorney said if a new sign code is not adopted by then, it will be addressed as it happens. Mr. Paternoster added if the Council did not do something about this, someone along the line will; and he was aware of the City Attorney working the Florida League of Cities on this. The City Attorney said it is a matter of leveling the playing field and formally consent that the City will suspend the 30 day time limit. Mayor Coy thanked the candidates that honored the City's code. Ms. Simchick thanked those who took them down for tropical storm Fay. In response to the Mayor, the Clerk said city candidates can't advertise until they have pre- qualified. Ms. Simchick asked if we will have signs around the clock, year round. The City Attorney said for the time being, you do have to file papers to make expenditure to put up the large scale signs and we will have it addressed before it becomes a big problem. Ms. Simchick asked why we don't go for 60 day time limit. The City Attorney said the ruling is based on the content of the sign, which could be political content; and the 11`h Circuit Court is looking for what is in the sign. He said the model sign code, being driven by the billboard industry, is shaping up that you can have as many signs of a certain size in a certain section of your yard and it doesn't matter what they say. MOTION by Mr. Paternoster, SECOND by Mr. Neglia that the time frame for the installation of political signs be suspended indefinitely in code section 54-3-16.5 (4)(d) passed with a voice vote of 4-1. (Wolff-nay) f°°~~'~ „,,,~ ~ 3~r ..y,.6= This language is current in our Land Development Code, however, City Council has waived the posting time until such time as a new Siqn Code is adopted. All other provisions apply POLITICAL ADVERTISING City Of Sebastian Land Development Code Section 54-3-16.5.E.4. Provides Regulations For Political Signs As Follows: 4. Political Signs. A. General. Political Signs Shall Not Be Posted On Or Over Any Public Property Or Right- Of-Way. B. Political Signs In Residential Districts. Political Signs In Residential Districts Are Allowed Subject To The Following Provisions: (1) No Sign Shall Exceed Sixteen (16) Square Feet; (2) No Sign Shall Be Illuminated; (3) Each Sign Shall Be Freestanding; (4) Each Sign Shall Be Located Wholly On Private Property; (5) Each Sign Shall Be Placed At Least (5) Feet From All Rights-Of-Way And Sidewalks; (6) No Sign Shall Exceed Five (5) Feet In Height; (7) No Sign Shall Be Placed On Or Attached To Any Tree Or Utility Post. C. Political Signs In Nonresidential Districts. Political Signs In Nonresidential Districts Are Allowed Subject To The Following Provisions: (1) No Sign Shall Exceed Twenty (20) Square Feet; (2) No Sign Shall Be Illuminated; (3) Each Sign Shall Be Freestanding; (4) Each Sign Shall Be Located Wholly On Private Property; (5) Each Sign Shall Be Placed At Least (5) Feet From All Rights-Of-Way And Sidewalks; (6) No Sign Shall Exceed Ten (10) Feet In Height; (7) No Sign Shall Be Placed On Or Attached To Any Tree Or Utility Post. D. Posting Time Limits. Its Shall Be Unlawful For Any Person To Post A Political Sign More Than Thirty (30) Days Prior To The Election In Which The Candidate's Name Or The Issue Will Appear, And It Shall Be Unlawful To Fail To Remove A Political Sign Within Five (5) Days After The Election In Which The Candidate Is Eliminated Or Elected Or The Issue Is Approved Or Disapproved. i38 E. Removal Of Illegal Signs. The Code Enforcement Division Shall Order The Immediate Removal Of Any Political Signs Found Posted Within The City In Violation Of This Section. If The Sign Is Not Removed Within Two (2) Days, The Code Enforcement Division Shall Remove The Political Sign. F. Fine. A Fine Of Twenty-Five Dollars ($25.00) Per Sign May Be Imposed Upon The Person Posting Said Sign Or Upon The Candidate Promoted On Said Sign For Any Of The Following: (1) Failure To Remove All Signs Within The Applicable Five-Day Period For Removal; (2) Placement Of Signs Upon Public Property Or Upon Any Tree, Utility Pole, Or Similar Object. G. Prima Fascia Evidence. Political Signs Placed In Violation Of This Section Which Advertise A Particular Candidate Shall Be Prima Facie Evidence Of The Placement Or Authorization Of The Placement Of The Sign By The Candidate. h. Reimbursement For Removal Expense. The Candidate Or The President Of The Committee Supporting Or Opposing The Ballot Measure, As Applicable, Shall Reimburse The City For Any And All Expenses Of Removal Incurred By The City. THE CITY OF SEBASTIAN DOES NOT REGULATE THE CONTENT OR WORDING OF SIGNS, HOWEVER, THERE ARE SIGN RESTRICTIONS UNDER FLORIDA (STATUTES WITH POTENTIAL FINES AND PENALTIES FOR VIOLATIONS. FOR FURTHER PROVISIONS RELATING TO POLITICAL SIGNS PLEASE REFER TO FLORIDA STATUTES 106 PROVIDED. IT IS VERY IMPORTANT THAT EACH ,CANDIDATE UNDERSTAND THE SPECIFICS OF FLORIDA LAW WHEN IT COMES ITO POLITICAL ADVERTISING. 8 i39 /~D cm a w HOME Of PELIGN ISL41°1D City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Review and Set Goals and Agenda No: ~ ~ ~ D i C ~ Objectives for Charter Officers in Department Origin: City Clerk ~" Accordance with R-07-31 Date Submitted: 7/10/09 A ro d for Submittal by: For Agenda of: 7/29/09 City Attorney: I 'n r, City Manager Exhibits: R-07-31, Minutes Excerpts from January 2009 SUMMARY STATEMENT City Council adopted Resolution No. R-07-31 to establish procedures for setting goals and evaluation of Charter Officers. In accordance with the resolution, Council is to set and review goals and objectives at public meetings in January and July of each year. Evaluations for each officer are done at a Special Meeting in June of each year. RECOMMENDED ACTION Review and set goals for each Charter Officer. ~~~ 1 ~FZ RESOLUTION NO. R-07-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council deems it appropriate to set goals for its Charter officer and conducts its review in the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CHARTER OFFICER GOAL SETTING. City Council shall bi-annually set and review goals and objectives for the City Manager, City Attorney and City Clerk at public City Council meetings in January and in July. SECTION 2. CHARTER OFFICER EVALUATION PROCEDURES. City Council shall receive evaluation forms for the City Manager, City Attorney and City Clerk as well as the current cost of living adjustment percentage being provided to the Communications Workers of America (CWA) from Human Resources staff by May 1St of each year. Subsequent to receipt of information provided as set out above, each City Council member shall prepare an evaluation for the City Manager, City Attorney and City Clerk by using the forms provided or by writing a narrative or in whatever form each deems appropriate. Each City Council member shall also conduct an oral interview with each of the Charter Officers on an individual basis prior to meeting in public for a final evaluation. City Council shall conduct a Special Meeting in June of each year to publicly evaluate and act upon any merit increases for the City Manager, City Attorney and City Clerk. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Negiia , was seconded by Council Member simchick ,and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice Mayor Sal Neglia aye Council Member AI Paternoster aye Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 22nd day of August 2007. i~3 ATTE ~T': ` Sally A. Mai MMC City Clerk (SEAL) Approved as to Form and Content for Re ' by City of Sebastian Only: i Rich Stringer, Ci A orney CITY OF SEB TIAN, FL IDA ey: Andrea Coy, Mayor Regular City Council Meeting January 28, 2009 Page Two 7. ITEMS CARRIED FORWARD FROM JANUARY 14, 2009 REGULAR MEETING 08.014/09.017 A. Review and Set Goals for Charter Officers in Accordance with Resolution R-07- 31 (City Clerk Transmittal, R-07-31, Minutes Excerpts) Mayor Gillmor commended all three officers for their excellent professional service to the City of Sebastian. His goals were as follows: For the City Manager, he was asked to delegate more and expect excellence; look for new revenue sources; continue to watch out for the City's interests in the ISBA process; continue to work on an economic development plan; streamline the growth management process; provide more frequent a-mail updates; ensure the MIS Dept. has the system it needs to import/export the City's information-maybe report where we are lacking and can improve; jumpstart the budget process and continue working on the HCP Plan and Airport Layout Plan. The City Attorney was asked to be the legal watchman for the City; continue working on the economic development plan; continue to watch out for Sebastian's interests in the ISBA process; begin working on the land development code; and provide a synopsis of what litigation cases are pending, perhaps at each meeting. The City Clerk as well as her staff were commended for the job they do and urged to continue. Discussion took place on a recommendation by Mayor Gillmor to purchase laptops and go to paperless agenda packets to save money. The rest of Council said they preferred to have books. Mr. Wolff encouraged the Clerk to come forward with ideas for the community and suggested working with citizens to see if Laserfiche can be made easier to navigate. i~5 1 ~f ~ cm a `._ HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Billboards - "Unspoiled Agenda No: Paradise" Alternatives Department Origin: City Manager d for Submittal by: Date Submitted: 7/23/09 For Agenda of: 7/29/09 i er, City Manager City Attorney: Exhibits: Three Renderings of "Unspoiled Paradise" Billboard SUMMARY STATEMENT In order to complete a third billboard, attached are three conceptual ideas. During City Manager matters I will seek Council direction. RECOMMENDED ACTION Review the renderings and direct accordingly. I~~ 1~f~S i t i ~~~ J s i ~yt t5Z ~5~ ,y