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HomeMy WebLinkAbout02102010HOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 10, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Rabbi Michael Birnholz Temple Beth Shalom 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. 10.027 A. United Way VITA Program Michael Kint, CEO, United Way of IRC 10.028 B. Roy Woodall President of Friends of Historic Roseland Road Request for Adoption of Roseland Road for Cleanup within City Limits 10.029 C. Kathleen Wagner Idea for Haiti Relief Brief Announcements 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. 1 -10 A. Approve Minutes 1/27/10 Regular Meeting 10.030 B. Authorize Mayor to Sign and Approve Submittal of Edward Byrne Justice 11 -14 Assistance Grant (JAG) Application in the Amount of $5,834 (Police Department Transmittal, Grant Notice Letter) 10.031 C. Mutual Aid Agreement Between City of Sebastian Police Department and City of 15-21 Ft. Pierce Police Department (PD Transmittal, Mutual Aid Agreement) 10.032 D. Approve Submittal of Application for Florida Energy, Efficiency, and Conservation 23 -39 Grant for Wind Turbines at Sebastian Municipal Airport (Airport Transmittal, Grant Application) 10.003 A. Construction Board 41 -52 (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived, and Appoint One Alternate Concerned Citizen Member with Term to Expire 9/30/2010) 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. 10.017 B. Natural Resources Board 53 -59 (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived, and Appoint One Regular Member with Term to Expire 7/2011) 10.023 61 -121 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT Public input procedures are on the back of the agenda. A sheet is available on a table at the back of the chambers for people to sign prior to meetings. Signing is not mandatory and individuals who raise their hands will be recognized. If the Council fails to reach this item during a meeting, only those people who have signed prior to the meeting will have their item carried forward to the next regular meeting. 12. NEW BUSINESS A. Resolution No. R -10 -03 Authorizing Issuance of Note to SunTrust Bank for the Purpose of Refunding 1998 Bond to Finance Additional Roadway Improvements (R- 10 -03, Schedules Sources and Uses of Debt Service) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ACCEPTING A PROPOSAL OF SUNTRUST BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH SUNTRUST BANK; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,500,000 TO REFINANCE PRIOR INDEBTEDNESS OF THE CITY AND TO FINANCE COSTS OF THE ACQUISTION, CONSTRUCTION AND EQUIPPING OF CERTAIN TRANSPORTATION RELATED IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM CERTAIN GAS TAX REVENUEWS; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. 10.033 B. Collier Canal Replacement of Docks Removed for Construction (Administrative 123 -133 Services Transmittal, Dock Specs) 10.024 C. Consideration of Changes to Resolution No. R -07 -31 Charter Officer Goal 135 -137 Setting and Evaluation (Transmittal, R- 07 -31) 10.034 D. Indian River County School Board Request for Joint Meeting with Sebastian City 139 -141 Council (City Clerk Transmittal, E -Mail) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 2 16. CITY COUNCIL MATTERS A. Mayor Gillmor B. Vice Mayor Hill C. Council Member Coy D. Council Member Wolff E. Council Member Wright 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (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: February 24, 2010 Regular Meeting 6:30 pm March 10, 2010 Regular Meeting 6:30 pm Match 24, 2010 Regular Meeting 6:30 pm April 14, 2010 Regular Meeting 6:30 pm April 28, 2010 Regular Meeting 6:30 pm 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. 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. 4 1. Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. Pastor Richard Jones of Sebastian United Methodist Church gave the invocation. 3. Council Member Coy led the Pledge of Allegiance. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 27, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA City Council Absent: Vice -Mayor Jim Hill (excused) MCI HOME OF PELICAN ISLAND Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Administrative Services Director, Deb Krueger Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart MIS Systems Analyst, Rob Messersmith AGEND■ 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. 10.017 A. Certificate of Appreciation to Scott Nelson for Natural Resources Board Service Mayor Gillmor read Mr. Nelson's certificate and thanked him for his service. 10.018 B. Certificate of Appreciation to Mason Bowen for Working Waterfront Committee Service Mr. Bowen was not in attendance and Mayor Gillmor asked the Clerk to mail his certificate. Regular City Council Meeting January 27, 2010 Page Two 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 wi$hes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1 -12 A. Approve Minutes 1/13/10 Regular City Council 10.019 B. Authorize Mayor to Execute Tree City USA Renewal Application (GMD 13 -22 Transmittal, Application and Supporting Documents) 10.020 I- C. Approval of Settlement in Case of Barbara Ricci vs. City of Sebastian (Adm Svcs 23-26 r„ 4 4 Transmittal, Settlement Agreement at Mediation) t 10.021 D. Resolution No. R -10 -02 Sebastian Aero Services Lease Assignment (Airport 27 -54 Director Transmittal, R- 10 -02, Correspondence, Letter, Lease, Memos) Brief Announcements Ms. Coy thanked the Sebastian River Fine Arts and Music Festival Board, Lisanne Monier, and all the volunteers for the best fine arts festival ever. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY OF SEBASTIAN IN THE SALE/TRANSFER OF LEASEHOLD ASSETS BETWEEN SEBASTAIN AERO SERVICES AND TREASURE COAST AVIATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 10.022 E. Approve License Agreement with Gulf Stream Council of the Boy Scouts of America for 55-64 Camporee at Sebastian Municipal Airport (Airport Director Transmittal, Plan and Agreement) MOTION by Ms. Coy and SECOND by Mr. Wolff to approve Consent Agenda Items A -E. Result of the roll call: Ayes: Gillmor, Coy, Wolff, Wright Nays: None 4 -0 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. 10.001 A. Planning Zoning Commission 65-76 (City Clerk Transmittal, Applications, Ad, List) DRAFT i. Interview, Unless Waived and Submit Nominations for One Vacant Regular Member Position with Term to Expire May 2010 Unless City Council Extends to May 2013 2 Regular City Council Meeting January 27, 2010 Page Three Joel Roth introduced himself, saying he lives in Park Place and moved to Florida in 2008. Mr. Wright asked if this was his first residence in Florida. Mr. Roth said that was correct and the town he came from had a population about the same size as Sebastian. Ms. Sablick and Mr. Turner were not in attendance. Ms. Coy nominated Mr. Roth. Mr. Wolff nominated Ms. Sablick. Result of the roll call: Coy Mr. Roth Wolff Ms. Sablick Wright Mr. Roth Gillmor Mr. Roth Mr. Joel Roth was appointed to the regular member position on the Planning and Zoning Commission with a term to expire May 2010. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT None 12. NEW BUSINESS DRAFT 10.023 Ct nsid un Trust Bank Refinancing Offer to Provide Funds for Paving Work 77-90 an ri a of Existing Paving Improvement Note (Adm Svcs Transmittal, Schedule of Sources and Use of Funds, Proposed New Paving Work) The City Manager requested formal authorization to prepare bond documents to refinance the local option fuel tax note which will be done at a lower interest rate, involve a penalty, and accumulate additional monies to pave the streets outlined on circle page 77. He said Mr. Ed Stull, Managing Director of First Southwest Company, was present to answer any questions regarding the financial transaction. MOTION by Ms. Coy and SECOND by Mr. Wright to approve the new bond. Ms. Coy asked when the current debt service would have ended. The Finance Director said it would be three more years. Mr. Wolff said the community needs streets and asked if any of the money should come out of CRA to service CRA district streets. The City Manager replied that would probably be the preferable route, but his purpose was to let the public know the streets that do need to be addressed. He said the district streets will probably be delayed as Mr. Schulke is reconfiguring the on- street parking and bump -outs, however; he wanted to get as much money as he could into project funds. Regular City Council Meeting January 27, 2010 Page Four Mr. Wright said it is a good project, he appreciated the local knowledge used to determine the priority of the streets, and he suggested establishing a depreciation schedule for future road work and said he is concerned where they will get funds for resurfacing in 2012, 2015. The City Manager said he didn't think they will have significant funds to aggressively tackle resurfacing in the future. He explained to keep taxes where they are they used local option gas taxes to pay general operating projects, and for the future, they may have to lean on consultants for the long -term to address the following areas: 1) a certified long term street repavement plan, 2) revisit the stormwater master plan, and 3) land development regulation modifications. He recommended moving forward with the identified streets and continuing to find funds for asphalt resurfacing in the budget process. Mr. Wolff said usage of a road is dynamic and projects will divert heavy trucks which will shorten the life of a road used in the diversion. He pointed out this should be part of the formula in planning for the roads. There was no public comment. li layor -Imor said he agreed with Mr. Wolff in using the CRA money for the district's streets and he appreciated the dynamicsas to how the roads are used and fixed. He cautioned that while we fix Barber Street, we might make other problems as traffic will have to be re- routed. The City Manager agreed, saying they would watch for that as construction begins. Result of the roll call: AYES: Coy, Wolff, Wright, Gilimor NAYS: None 4 -0 DRAFT 10.024 B. Goals and Objectives for Charter Officers in Accordance with Resolution No. 91 -94 R -07 -31 (City Manager Transmittal, R- 07 -31, 2009 Minutes Excerpts) Mr. Wright said he has watched this process since its inception and he finds public performance evaluations objectionable, noting he wouldn't mind a short word rating and then discussion of a merit increase but he objected to the entire individual's performance discussed in public. Mayor Gilimor said it is actually two parts, he also finds public evaluations uncomfortable, but tonight they were to talk about goals and objectives. Ms. Coy thanked Mr. Wright for his opinion of which she has agreed for a very long time, and maybe they could discuss the process in the future, however, she said Council should give clear direction, reviewed at six -month time frames. Mr. Wright said one thing they discussed at the Institute for Elected Officials that he attended this past weekend was casual meetings with a shirt- sleeves environment, where an agenda is followed, held maybe on a Saturday or Wednesday when there isn't a Council meeting. He also suggested taking one of the two monthly Council meetings and changing it to an informal meeting. 4 Regular City Council Meeting January 27, 2010 Page Five DRAFT Mr. Wolff offered a different perspective saying that he didn't agree it was an exercise in futility and there was no reason not to dispense constructive criticism before the public. He said it is Council's obligation to bring government to the people and they are blessed to have three charter officers working with them who are professional, can take criticism and can counter. He also said goal setting is important to get all of Council involved to make sure one member isn't constantly whispering in staffs ear. Mr. Wright clarified the work sessions would be public. Ms. Coy said there was a session on a Saturday and what they discussed was brought back to the dais and discussed again, which wasn't necessary. She said they should give general direction and take items piece by piece at Council meetings if staff isn't heading in the right direction. She said she has been very satisfied with the last few times they have set goals. The City Manager noted there are strategic long term goals, and annual repeating goals; and he hoped to express items that are on his mind (listed on circle page 91 of the agenda packet). He began to go over his priorities and Mr. Wright pointed out that they were not having a discussion but listening to a presentation. Mr. Wright said they seem to get caught up in listening, not having communication because of the formal nature. Ms. Coy said there is no reason not to dialog at this type of meeting. Mayor Gillmor said by the time we get to Council matters everyone is in hurry to get out and suggested moving up their matters for one of the two monthly Council meetings. Ms. Coy and Mr. Wolff pointed out they weren't here to solve the problems but set the goals. Mr. Wright said his concern with the budget is their goal is to provide services and as he thinks about budget he would like to establish the service level they want to provide to citizens and how much these services will cost. He said they could also look at what services must be provided, establishing the levels to pay which would make the decision making process more meaningful. 7:17 pm Ms. Coy said that is what the City Manager does and if Council wants to maintain a millage rate the Manager determines what services will be lost. Mr. Wright said in helping to establish parameters, it would be helpful to staff. Mr. Wolff said when he read the City Manager's list, he found it easy to see what he works at everyday, things that have come up, and the longer term issues. He said that he couldn't find anything to object to. Mayor Gillmor cited a Press Joumal article that the City of Vero Beach has 28.4 employees working per 1,000 residents which included their electric service, without the service, they have 22.1 employees per 1,000; the County has 10.1 employees per 1,000 residents; and Sebastian has 5.7 employees per 1,000 employees. He congratulated the City Manager for running a tight ship. 5 Regular City Council Meeting DRAFT January 27, 2010 Page Six The City Manager said as staff moves forward they plan to include more ratios for Council to compare cost per capita and same -sized cities. He continued with his list on circle pages 91 and 92. He requested to workshop: the expenditure of the $1 M Parks and Recreation Impact Fee Fund; identify new stormwater projects; and discuss special revenues to fund capital projects. Mayor Gilimor said it is good for Council to give direction, and expects the City Manager to reach the directive. He said the City Manager has met his expectation of delegating more; expecting excellence from staff; looking for new revenue sources; and watching out for the ISBA process. He asked the City Attorney to continue to be the legal watchdog; and told the City Clerk everything was good but he would still like to move towards paperless agendas. Ms. Coy said she liked the City Manager's list; she asked the City Attorney to continue his great job; and said the City Clerk and her staff are superior. Mr. Wright said he thought the City Manager's list was comprehensive; and noted after talking to other officials at the Institute for Elected Officials seminar he finds the City Clerk to be exceptional with records management. He complimented the City Manager on work he's done and his understanding of the needs of the City he has realized since the time he has been here. He also complimented the City Attorney for accomplishing a great deal within the limited time he is here. He added a goal of looking for sewer lines for the west side of the Airport with grant monies. Mr. Wolff said the City Clerk should plan the next month to get healthy, noting it would be a good opportunity for her staff to grow. He asked the City Attorney to continue but provide notice of future pending litigation cases. He said the City Manager will have a difficult six months ahead and together they'll get through it. Public Comment 7:37pm Damien Gilliams, 1623 U.S. Highway 1, said he is against evaluating the Charter Officers in private; and he suggested retraining employees to form a grant department so there won't be any more taxes. He also suggested forming a Citizens Academy and giving the volunteers some freebies such as a day at the golf course; putting the finance department on the internet; and sending out college students to survey what public wants and present the information back to Council. Mr. Gilliams also requested to cut expenses, start the budget process now, have the City Attorney go through code and clean out what we don't use, and look for computer companies that will provide Council laptops. MOTION by Mr. Wright and SECOND by Ms. Coy to put R -07 -31 on a future agenda for discussion passed with a voice vote of 4 -1. 10.025 C. Economic Development Small Business Start-Up Forum (Gilimor Transmittal) 95 Mayor Gilimor said he recently went to a jobs forum hosted by Senator Haridopolos and Representative Cannon and what came out of the forum is that government needed to get out of way of small business and instigate tax reform. He asked Council to consider the idea of a small business start-up forum. He displayed a PowerPoint presentation. (attached) 6 Re9ular City Council Meeting January 27, 2010 Page Seven He said if government would help plant new businesses by utilizing private funds and private business space to nurture these new businesses, it would pay for itself. He compared the small business start-up forum to the show Shark Tank where new businesses would come before experienced businessmen. He noted there is about 10,000 square feet available from landlords in our CRA district that would be gratuitous for maybe a year and noted a non profit corporation is forming that can be mentors to these small business folks. He asked for Council's support to move forward together. Ms. Coy who is a member of the Indian River County Economic Development Council said on Tuesday they had a combined meeting with the Indian River County Economic Development Division where this was discussed and two sticking points were that they were heading towards Florida Institute of Technology (FIT), ignoring Indian River State College's (IRSC) Small Business Center and Mayor Kenyon (of Indian River Shores) said, "The investors are not interested in supporting the next Hallmark card shop." Mr. Wolff asked the Mayor to elaborate on who the investors were. DRAFT Mayor Gillmor said at the Mayor's meeting, the mayors discussed that they wanted more people to have jobs and asked how do they get there. He said the City of Vero Beach, and Sebastian have vacant office and industrial space and the Town of Indian River Shores has a lot of high net -worth individuals who need to invest their money in new ideas and technologies. Mr. Wolff asked if they were theoretical investors or a specific venture capital group. Ms. Coy said they don't want to come forward or be identified. Mayor Gillmor said there would be this start-up forum to mentor somebody with something viable, a business plan, who would then send the individual to the investors. Ms. Coy said these are people who don't have the money to take the last step to the bank; and again noted Mayor Kenyon said the investors aren't interested in this. Mr. Wolff said there are existing programs to help people in this situation. Mayor Gillmor said SCORE has dwindled to two people. Ms. Coy introduced Dr. Sullivan and Dr. Pagano from IRSC who came to speak about the College's available resources. Dr. Dave Sullivan, IRSC Provost, said when it comes to economic development, the entrepreneurial spirit, and jobs the college wants to help. He introduced Dr. Pagano. Jan Pagano, Dean, Corporate Community Training Institute and the Entrepreneurial Institute at IRSC, said she works closely with Donna Rivette, Director of the Small Business Center, and she commended Council for taking a stand, as they too are committed to economic development and people having sustainability. She distributed information to Council describing the various programs available. (see attached) Dr. Pagano further explained they do have a business consultant who plans to spend half a day, once a week at the North County Library. She said they would love to assist the small businesses and spoke of Jeff Pegler, a local attorney, who is starting a "Reinvest with Success" group to provide expertise to help the small businesses. 7 Regular City„Council Meeting January 27, 2010 Page Eight DRAFT She said at the main campus, the Center for Innovation and Entrepreneurship is under construction, it will host a business incubator with copying, computer, and office space, and if there is room to grow in Sebastian they would love to collaborate. Mr. Wright said in Sebastian, there is a lack of knowledge about the available programs and he suggested holding a half day seminar to see if people are interested. Ms. Coy asked if the mayors could tour the Small Business Center and get up to speed at what's there; and said there is merit to help the people who are ready. In response to Mr. Wolff, Dr. Pagano said SCORE is also funded by the Small Business Administration and through collaboration, more people can be reached. She encouraged everyone to check at their website at www.irsc.edu /ccti. Mr. Wolff suggested offering a free round of golf to any CEO or entrepreneur that may want to help Sebastian. Mayor Gillmor said meeting with people who want to mentor is the key to moving forward. Dr. Sullivan said if the project builds steam, the college wants to be there. Public Input Commissioner O'Bryan congratulated everyone for the great Fine Arts and Music Festival over the weekend and explained that Mayor Kenyon was adamant that his investors are looking for more patentable projects as they want their privacy, they may have lack of faith in the U.S. interest rates, and they would like to have a more "hands on" business feel. He said they would have something like an American idol casting call or Shark Tank where the entrepreneurs would be ranked and directed to the activities they need to complete a full business plan. He said there would be a bell curve and they would fast track the entrepreneurs with a patentable idea to the next funding level, then to office space within a six month period. Ms. Coy said the funding is a lot of problem and asked the Commissioner what he thought about leaning on the banks to get them interested in what they are trying to do. Commission O'Bryan replied that they are doing grunt work and bringing them to the funding source. Ms. Coy asked if bankers should be at the ranking. Mr. Wright said there are bankers on the EDC Committee. Mr. Wolff said it is certainly worthy of looking at, suggested having venture capitalists at the final meeting, and clarified that anything can be patentable but they are looking for something that is going to be profitable. Commissioner O'Bryan said that is correct, they are looking for the WOW thing. Mr. Wright cautioned that they should line up funding sources so they are not taking people through the process with the idea they will be funded but then they are not. He said venture capitalists are looking for track records, sales, and expanding production equipment to build a bigger marketplace. 8 Regular City Council Meeting January 27, 2010 Page Nine 9:02 pm DRAFT Ms. Coy asked for the public record of the Mayor's meeting, so she can write up a report to comment on at the next EDC meeting. Mayor Gillmor said the next Mayor's meeting will be recorded. Commissioner O'Bryan clarified that the government will get the parties together but is not involved in the details. Damien Gilliams, 1623 U.S. Highway 1, said he has been to so many meetings, he said, "Just do it." He suggested businesses putting up tents at the Airport, or on old Dixie Highway so people can operate and the money will stay local; something like the flea market with the best businesses referred to the panel. There was discussion about prior efforts to do a farmer's market. Mayor Gillmor said if there is merit, it will take time and he would love to see an incubator here in Sebastian. Ms. Coy said such a program will take time, is being addressed by EDC and IRC and we need to get the players committed and details worked out. She noted EDC would be meeting on February 16 Mr. Wright said this needs more discussion. It was the general consensus that being pro active with job training and business mentoring was a good idea. 13. CITY ATTORNEY MATTERS The City Attorney said going back to the discussion of the charter officers, that he has been in government for 39 years and he has told each officer what a thrill it is to work with them and he has never seen a clerk work as well as Sebastian's Clerk does, and the City Manager ranks with some of the best county managers that he has seen and he is proud to work with them. He also said that the City is well served by their Council which is a collegiate body that discusses issues well together and he hoped the citizens are also proud of them. 14. CITY MANAGER MATTERS The City Manager said he appreciated the comments that he received at the goal setting, noting the positive feedback raises the bar and keeps the positive momentum flowing. 10.026 A. Announce Citv /FDOT Barber Renovation Project Public Information Meeting in Chambers on Feb. 1, 2010 at 5:30 pm The City Manager informed the public again about the informational meeting to be held Monday, February 1 He asked people to pay attention and follow the traffic signaling and the transportation changes. He noted it will be painful during construction but in the end, we will be proud of the drainage and surface improvements. 15. CITY CLERK MATTERS none. 9 Regular City Council Meeting January 27, 2010 Page Ten Richard H. Gillmor, Mayor ATTEST: 16. CITY COUNCIL MATTERS A. Council Member Wright none. B. Mayor Gillmor none. C. Vice Mayor Hill absent. D. Council Member Coy none. Sally A. Maio, MMC, City Clerk E. Council Member Wolff DRAFT Mr. Wolff said at the last meeting they witnessed the Clambake Foundation giving funding to beneficiaries and he asked if the City could put in for an endowment to support an employee at Skate Park to make sure the kids are safe. Ms. Coy said from her experience, only capital and infrastructure items can be applied for. The City Manager said in the past we did apply and receive funding for the lights and electrical pad mounts at Riverview Park. He offered to apply for funding to rebuild the Skate Park shed. Council gave their consensus to have the City Manager apply for funding to offset the shed rebuilding. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 9:09 p.m. Approved at the February 10 2010 Regular City Council meeting. 10 Subject: Office of Criminal Justice Grants, 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Florida JAG Direct Approved for Submittal by: City Manager z "cos__ Agenda No. 1 0 03 0 Departme t O o ice D artment r Finance Director City Attorney: City Clerk: 0-41' Date Submitted: February 2, 2010 For Agenda of February 10, 2010 Al Minner, City Manger Exhibits: Grant Notice Letter EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY On January 10, 2010 we received notice of grant funds available to the Sebastian Police Department as part of the Florida Department of Law Enforcement (FDLE) United States Department of Justice (USDOJ) for FY 2009 JAG funds. FDLE has allocated $5,834 from this award for our agency, in accordance with the Florida JAG Direct distribution provision of Chapter 11D -9, Florida Administrative Code. Application will be submitted prior to the February 12, 2010 deadline. There are no City costs associated with this grant. The police department has not determined exactly what will be purchased at this time, but has records management and technology upgrades it will coordinate with MIS and Administrative Services prior to grant application submission. RECOMMENDED ACTION Move to approve the application process for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $5,834.00. I FDLE Florida Department of Law Enforcement Gerald M. Bailey Commissioner January 7, 2010 The Honorable Richard Gillmor Mayor City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Federal Fiscal Year (FFY) 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida JAG Direct Dear Mayor Gillmor: Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302 -1489 (850)617 -1250 www.fdle.state.11.us The Florida Department of Law Enforcement (FDLE) has received an award from the United States Department of Justice (USDOJ) for FFY 2009 JAG funds. These grant funds are distributed to units of local government based on local crime statistics reported to FDLE. These funds are in addition to the Recovery Act JAG Direct 2009 allocation that was announced in a separate letter. FDLE has allocated $5,834 from this award for use by your agency, in accordance with the Florida JAG Direct distribution provision of Chapter 11 D -9, Florida Administrative Code. Please note these funds now require quarterly performance reporting along with monthly or quarterly expenditure reporting. Specific program requirements for these JAG funds and general instructions regarding the application process and a list of federal purpose areas can be found at www.fdle. state .fl.us /content/grantsragd.aspx. Recipients must apply on -line using FDLE's grant management system, Subgrant Information Management On -Line (SIMON). Simon can be accessed at http: /simon.fdle.state.fl.us. The Project Start and End Dates in the on -line application should reflect the period April 1, 2010 through September 30, 2010. Service Integrity Respect Quality Charlie Crist, Govemor Bill McCollum, Attorney General Alex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture The Honorable Richard Gilimor January 7, 2010 Page Two Application completion will require an "Announcement Code" which is a security feature allowing access to the application. The Announcement Code is JAGD0910. Note that this Code will be activated on January 8, 2010. Application completion will not be possible without the announcement code. To assist you in completing this application a user manual is available on -line and has been updated as of February 25, 2009. Video guides are available for certain tasks and can be accessed from the Help menu in SIMON. The deadline for this on -line submission is February 12, 2010 at 5:00 p.m. at which time the announcement code will be deactivated. In addition to the on -line submission, recipients must print out the completed application and required certifications and submit two hard copies (with original signatures) to: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Philips Road Tallahassee, FL 32308 The deadline for this hard copy submission is February 19, 2010. We look forward to working with you. If you have any questions or if we can provide you with any assistance regarding the JAG Program, please contact me at (850) 617 -1250. Sincerely, ituD& Clayton Wilder Administrator CHW /JP/Jj cc: Local Law Enforcement Agency Subject: Mutual Aid Agreement with the City of Ft. Pierce Police Department Approved for Submittal by: City Manager Agenda No. 10 .03 1 Dep ent Ori tilt_ �j C 3 CtltCdV1IA> P i ce D artment Finance Director: City Attorney: City Clerk: Al Minner, City Manger Date Submitted: February 2, 2010 For Agenda of: February 10, 2010 Exhibits: Mutual Aid Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The Cities of Ft. Pierce and Sebastian police departments would like to enter into an operational assistance mutual aid agreement for the purpose of routine law enforcement functions, emergency situations and investigatory assistance. At no time will this agreement affect the services of the City of Sebastian. We currently have mutual aid agreements with other law enforcement agencies in the region. RECOMMENDED ACTION Move to approve the Mutual Aid Agreement with the City of Ft. Pierce Police Department. COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT This Mutual Aid Agreement is entered into the day of by and between the SEBASTIAN POLICE DEPARTMENT "Law Enforcement Department and the FORT PIERCE POLICE DEPARTMENT "Law Enforcement Department or reference to both as the "Agencies to be as follows: WITNESSETH WHEREAS, the subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: 1. Continuing, multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and 2. Intensive situations including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes; and WHEREAS, the FORT PIERCE POLICE DEPARTMENT and the SEBASTIAN POLICE DEPARTMENT have the authority under Section 23.12, Florida Statues, et seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which: 1. Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and 2. Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, Florida Statutes. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, school resource officers on official duty out of their jurisdiction, and inter agency task forces and/or joint investigations. 8 SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION III: PROCEDURES FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, an authorized representative of the agency requesting assistance shall notify the agency head or his/her designee from which such assistance is sought. The agency head or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he /she deems appropriate. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of routine nature, such as traveling through the jurisdiction on routine business, attending a meeting or going to or from work, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, he /she shall be empowered to render enforcement assistance and act in accordance with the law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to that agency and offer any assistance requested including, but not limited to, a follow -up written report documenting the event and the actions taken. This paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. No officer or appointee shall be empowered under this agreement to operate in the other agency's jurisdiction without prior approval of the agency head having normal jurisdiction unless concurrent jurisdiction exists as a matter of law. The agency heads' decisions in these matters shall be final. SUPERVISOR SECTION IV: COMMAND AND SUPERVISORY RESPONSIBLILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. 2 SECTION V: LIABILITY CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering assistance pursuant to this agreement, the officer, or appointee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operation procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened, or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. Each party engaging in mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provision of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITES, AND COSTS a) Employees of FORT PIERCE POLICE DEPARTMENT and the SEBASTIAN POLICE DEPARTMENT when actually engaged in mutual cooperation and assistance outside their jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127 (1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b) Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render 3 services to each other party to the agreement as set forth above; provided however, that no party shall be required to unreasonably deplete its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. c) The agency that furnishes equipment pursuant to this agreement must bear the cost of loss of damage to the equipment and must pay any expense incurred in the operation and maintenance of the equipment. d) The agency furnishing aid pursuant to this agreement shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid as pertains to: "Section I: Provisions for Voluntary Cooperation." e) The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer and reserve employees. f) Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. SECTION VII: INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION VIII: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until cancelled as provided by Section IX of this agreement. SECTION IX: CANCELLATION Any party may cancel its participation in this agreement upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party, or any party lawfully appointed to the same position previously held by a subscribing party. 4 The CITY OF FORT PIERCE, FLORIDA, and the CITY OF SEBASTIAN, FLORIDA, hereby authorize and direct the Chief of the FORT PIERCE POLICE DEPARTMENT and the Chief of the SEBASTIAN POLICE DEPARTMENT to enter into the foregoing Combined Voluntary Cooperation and designee to administer the provisions of the forgoing Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement for and on behalf of the CITY OF FORT PIERCE, FLORIDA and the CITY OF SEBASTIAN, FLORIDA. WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENT TO BE SIGNED ON THE DATE SPECIFIED. CITY OF SEBASTIAN J. Michelle Morris Chief of Police City of Sebastian, Florida Date: Richard H. Gillmor Mayor City of Sebastian, Florida Date: Sally Maio City Clerk City of Sebastian, Florida Date: APPROVED AS TO FORM AND CORRECTNESS Robert Ginsburg City Attorney City of Sebastian, Florida Date: 5 CITY OF FORT PIERCE R. Sean Baldwin Chief of Police City of Fort Pierce, Florida Date: Robert J. Benton, III Mayor City of Fort Pierce, Florida Date: Cassandra Steele City Clerk City of Fort Pierce, Florida Date: Robert V. Schwerer, Esquire City Attorney City of Fort Pierce, Florida Date: HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Energy Grant Application; Request for Approval Approved f Submittal by: Al Minner, City Manager Agenda No. 10 .032 Department Origin: Municipal Airport Director: J. Griffin Finance Director: K. Killgo City Clerk: S. Maio City Attorney: R. A. Ginsburg A' uri AlfAV Date Submitted: February 3, 2010 For Agenda of: February 10, 2010 Exhibit: Grant Application EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- SUMMARY For approximately 14 months, airport staff has been pursuing grant possibilities for the construction of a wind turbine `farm' at the Sebastian Airport. Multiple initial pursuits were with the FDOT to `piggyback' onto projects already in progress. Final rejection of those applications /requests came in December 09. A grant program for "Energy, Efficiency, and Conservation" let by Gov. Crist's office was discovered. Staff wishes to pursue that opportunity. The attached exhibit is the application and describes the project. In summary, multiple vertical wind turbine `clusters' would be constructed in the vicinity of the airport admin building. The `clusters' would be properly fenced and monitored by in -place security. Each wind turbine would `back -feed' the FPL grid for an energy credit to the airport. The request for this grant is 100% with no match from the city /airport. RECOMMENDED ACTION Approve application of "Energy, Efficiency, and Conservation Grant" by /for the Sebastian Municipal Airport. I *Include additional partners as an addendum. REQUIRED REGISTRATION INFORMATION Legal Name of Lead Applicant: The City of Sebastian FEID No: 59- 600042 DUNS No: CCR Expiration Date: 10/6/2016 MFMP Status: FUNDING REQUEST AND COST SHARE 1. Total Amount of Grant Funds Requested: $200,000 2. Total Matching Funds (Provided by applicant and project partners): -0- 3. Total Project Cost (Add amounts in 1 and 2): $200, 000 4. Match Percentage (Divide amount in 2 by amount in 3): 0% JOBS CREATED /RETAINED 1. Total Short Term Jobs 15 2. Total Long Term Jobs 1 3. Total Jobs (Add the numbers from 1 and 2) 16 4. Total EECBG Funds Requested $200, 000 5. Jobs Divisor (Divided the amount in 4 by $92,000) 2.174 6. Job Score (Divide the number in 3 by the number in 5) Please round to nearest whole number 7.36 A. PROJECT INFORMATION Title: Project Location: Sebastian Municipal Airport, Sebastian, FL Are there multiple partners? If so, state how man artners. Contact Name: City: Email: Phone: Contact: City: Email: 772- 228 -7013 Sebastian Airport Wind Turbine Project No Partners Grant Application. Category: LEAD APPLICANT Joseph Griffin, Airport Director Organization: Sebastian Municipal Airport Address Line 1: 202 Airport Drive, East Address Line 2: Sebastian I State: FL Zip: 1 32958 jgriffin@cityofsebastian.org PARTNERING APPLICANT(S) Fax: 772 228 -7078 CAT 1 Organization: Address Line 1: Address Line 2: State: 1 Zip: Phone: Fax: Energy Efficiency and Conservation Block Grant Application Attachment A Grant Application Form Page 17 of 38 GRANT ASSISTANCE PURSUANT TO THE FLORIDA ENERGY EFFICIENCY CONSERVATION SUBGRANTS ENERGY SAVINGS Activity AND ENERGY PRODUCTION Million Source Btu Saved MWh Saved Thousand Cubic Feet Natural Gas Saved Gallons Gasoline Saved 20 Wind Turbines 24 Total Source Btu Saved (millions) Total Cost Savings Approx. $8,000 per year *include additional GREENHOUSE GAS Activity activities as an addendum. REDUCTION Metric Tons Carbon Reduced Total Carbon Reduced (metric tons) *include additional activities as an addendum. SPECIAL COMMUNITY DESIGNATION(S) Identify any Special Community Designation(s) and provide documentation for any Special Community Designation claimed as an addendum. CERTIFYING OFFICIAL Certifying Official's Signature *If signed by a person designated by the local goveming body, a copy of the resolution must be included. Certifying Official's Name (printed): Al Minner Title: City Manager Organization: The City of Sebastian Energy Efficiency and Conservation Block Grant Application Attachment A Grant Application Form Page 18 of 38 PROJECT NARRATIVE B. PROJECT BACKGROUND: Provide a summary of the project and the background justification supporting the need for the Commission to fund the project. Include experience and qualifications of the project team for their assigned role with the project. This section is limited to one page. If multiple jurisdictions choose to partner in their application, the page limit is increased to two pages. Pages submitted beyond the page limit will not be reviewed. The City of Sebastian is interested in developing a wind energy farm at the, city owned, Sebastian Municipal Airport. Numerous wind generators have been investigated. Because of limited areas for deployment and certain FAA regulations, it is prudent that a 'Vertical' wind generator(s) be utilized for the project. Vertical wind generators have a small footprint allowing for multiple generators in a smaller area. The amount requested would fund four or five 'clusters' of four turbines each. Each wind turbine cluster would back -feed into the power grid thereby eliminatir the need for expensive battery 'banks.' The airport /city would receive a credit for backfeedinc the grid. Project Manager for the project would be the Airport Director, Joe Griffin. Mr. Griffin has experience in numerous building /construction, planning, and maintenance projects at the Sebastiar Airport. Energy Efficiency and Conservation Block Grant Application Attachment A Grant Application Form Page 19 of 38 PROJECT NARRATIVE (cont.) C. DESIRED OUTCOMES: Provide a list of outcomes, in bullet format, expected to be achieved as a result of completing this project. This section is limited to one page. If multiple jurisdictions choose to partner in their application, the page limit is increased to two pages. Pages submitted beyond the page limit will not be reviewed. Establish four to five vertical wind turbine clusters at Sebastian Airport. Each cluster will support four to five wind turbines. Each cluster will back feed into electrical grid for credit. Each cluster will be fenced with appropriate security monitoring. Energy Efficiency and Conservation Block Grant Application Attachment A Grant Application Form Page 20 of 38 PROJECT NARRATIVE (cont.) D. PROJECT DESCRIPTION: Indicate the eligible activity(ies) selected and provide a detailed description of the work to be performed for the project. Include maps, graphs, charts, etc. to support project activities. Project descriptions should consist of a list of major tasks for accomplishing the project with specific sub activities detailed within each task heading. This section is limited to two pages. If multiple jurisdictions choose to partner in their application, the page limit is increased to three pages. Pages submitted beyond the page limit will not be reviewed. ELIGIBLE ACTIVITY: Construct, operate, and maintain Vertical Wind Turbines at the Sebastian Airport. TASKS: 1. Bid design -build engineering and construction of project. 2. Provide on -site consultation with construction team. 3. Provide for maintenance training of airport personnel 4. Provide interface with Florida Power Light. 5. Provide closeout of project and necessary submittals. 30 PROJECT NARRATIVE (cont.) E. PROJECT MILESTONES /DELIVERABLES /OUTPUTS: Identify the month of the project during which each task will start and be completed. Identify in which months of the project the outputs/deliverables will be accomplished. This section is limited to three pages. If multiple jurisdictions choose to partner in their application, the page limit is increased to five pages. Pages submitted beyond the page limit will not be reviewed. Proposed Project Schedule: June 10 July 10 August 10 November 10 January 11 Receive Grant Publish Bid Award Bid /Contract Construction complete Close out of project Energy Efficiency and Conservation Block Grant Application Attachment A Grant Application Form Page 22 of 38 Budget Category Grant Funds Cost Share: matching Funds and Other In -Kind Contributions Funding Source of Funds 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies /Other Expenses 5. Equipment 200,000 6. Contractual Services 7. Indirect (if authorized) Total Project Budget 200, 000 Total Project Cost 200,000 Grants Funds Cost Share Cost Share Percentage 100% Cost Share Total Project Cost PROJECT BUDGET F. PROJECT BUDGET SUMMARY: Summarize the Total Project Cost by budget (including both requested grant funds and match /leveraged funds) by Budget Category and round each Budget Category subtotal to the nearest whole dollar value. Energy Efficiency and Conservation Block Grant Application Attachment A Grant Application Form Page 23 of 38 Energy Efficiency and Conservation Block Grant Application Attachment A Grant Application Form Page 24 of 38 PROJECT BUDGET (cont.) G. BUDGET DETAIL: Provide a detailed, line -item budget using the worksheet format shown below. Provide accurate calculations to justify the cost of each budget line -item. Round only the subtotals for each Budget Category amount to the nearest whole dollar value. Use additional lines if necessary. For each budget line -item, identify in the appropriate column if the cost is: 1) Grant or match, 2) a direct cost used to calculate Indirect Costs (if approved) and 3) whether the cost is Administrative in nature. Up to 10% of grant funds may be used for administrative expenses, excluding the cost of meeting the reporting requirements of the program. Administrative costs are allowable, reasonable, and allocable direct and indirect costs related to overall management of the awarded grant. A description of what is required for each Budget Category is as follows: 1. Salaries Identify the persons to be compensated for work on this project by name (if known), position, and title. Show the hourly cost and total hours to be charged for each person or position. Divide annual salaries by 2080 hours and nine month academic salaries by 1560 hours, to find the hourly rate. 2. Fringe Benefits Multiply the rate by the total salaries to which fringe benefits apply. If the rate is variable, explain and show calculations. 3. Travel List trips by their purpose and /or destination. Indicate the number of days for each trip and the per diem. The Commission can only pay for travel at the approved State of Florida rate (Section 112.061, Florida Statutes). Be prepared to provide the Commission with details on costs utilized to calculate the "Amount Budgeted" for each trip. 4. Supplies Other Expenses List expendable supplies by category description, unit costs and quantity. List other expenses not included in any of the above categories. Examples would be printing, copying, postage, communications, etc. Non expendable equipment valued at less than $1,000 may be listed also. Include only expenses directly related to the project, not expenses of a general nature. 5. Equipment List non expendable personal property /equipment valued at $1,000 or more by description, unit cost, and quantity. Computers and data processing equipment should be described in detail. 6. Contractual Services Subcontractors should provide the same information required by this budget table, with the following exceptions: (a) when professional services are provided at a pre- existing approved rate or fee shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show an estimated maximum amount. 7. Indirect Costs/Rate The FECC prefers that Indirect Costs, if required, are utilized as match. If Indirect Costs are requested to be reimbursed with grant funds, they must be authorized and based on a specified rate in consultation with the Commission. The Indirect Cost Rate and the direct costs upon which the amount of Indirect Cost is calculated must be reasonable, measurable, documented and the Indirect Cost Rate must be consistently applied. Indirect Costs are included in project Administrative expenses as described above. 8. Total Budget Category Show the total of all line -items within a Budget Category. 9. Total Budget Show the total of all categories. limitations described in Ch. 112.061, F.S. Admin. Cost YIN direct costs used to calculate Indirect Cost? Y/N direct costs used to calculate Indirect Cost? Y/N Grant G or match M Grant G or match M Total Fringe Benefits 44 69 Amount Budgeted ER 69 69 64 44 Purpose of Trip I1 11 11 11 Sub -Total of Travel Category Period of Trip of days) 69 Hours/wk. or FTE Approved per Work Plan or enter "N /A" provide break -out Destination Sub Totals for Salaries Ca 44 69 44 1 3. Travel Canno Name of Employee Hourly Cost 44 44 44 12. Fringe Benefits Admin. Cost? Y/N direct costs used to calculate Indirect Cost? Y/N direct costs used to calculate Indirect Cost? YIN Grant G or match M Grant G or ma Total Fringe Benefits 44 69 Total Total Gross Salary 44 44 44 44 69 Sub -Total of Fringe Benefits Category I1 11 11 11 11 69 69 Hours/wk. or FTE Approved per Work Plan or enter "N /A" provide break -out Sub Totals for Salaries Ca 44 69 44 Name of Em to ee Hourly Cost 44 44 44 44 Salaries (Name /Position) 12. Fringe Benefits Admin. Cost YIN direct costs used to calculate Indirect Cost? Y/N Grant G or match M Total Fringe Benefits 44 69 69 44 N c V d M 69}6969 Sub -Total of Fringe Benefits Category o N V m c a m 44 44 44 4c co 1 O 0 d M 69 69 69 Approved per Work Plan or enter "N /A" provide break -out Amount Gross Salary 44 69 44 Name of Em to ee Sub -Total of Supplies i 1 Adron Fence Company I LPA Group I Description 1 Efl Efl *A 1$ 5,000 Unit Cost Description 100 /hr Fee /Rate Quantity ual Services Category 11 11 11 11 II ER II II II II Total Cost 1 20,000 Total Cost 20,000 Total Cost Grant G or match M Grant G or match M direct costs used to calculate Indirect Cost? Y/N direct costs used to calculate Indirect Cost? Y/N o direct costs used to calculate Indirect Cost? Y/N Admin. Cost Y/N Admin. Cost Y/N Flo co CD 0 o a. 5. o to i 1 Adron Fence Company I LPA Group s i Name of Vendor 1 Sub -1 EA Efl 1$ 5,000 1 engineering Description 100 /hr Fee /Rate ual Services Category Quantity 11 1 _200 Quantity 11 II II II II 11 1 20,000 Total Cost 20,000 Total Cost Grant G or match M Grant G or match M direct costs used to calculate Indirect Cost? Y/N o direct costs used to calculate Indirect Cost? Y/N Admin. Cost Y/N o Admin. Cost Y/N Flo co CD 0 o a. 5. o to i 1 Adron Fence Company I Falcon Wind Turbine Description 0l m CI ET 3 mD 7 Sub -Tc EA Efl 1$ 5,000 1$ 8,000 Unit Cost 4 20 Quantity 11 II II 11 11 180,000 20,000 160,000 Total Cost Grant G or match M direct costs used to calculate Indirect Cost? Y/N Admin. Cost Y/N Flo co CD 0 o a. 5. o to i i tal Indirect is for match 1 o 0 I -o- 69 E9 ER 6R 6R Total Indirect Costs for Grant E9 6R 6R ER (A- 0 II 0 0 11 11 I1 000'04 I Total irect Cost r Budget tegory o 69 ER 4, 6R 69 6969 11 11 11 I1 11 d) Approved Indirect Cost Rate from Grant Work Plan Total direct costs for Bud et Cate o 6, 6, 69 69 Sub -Toi Budget Category included in Base of Indirect Cost Calculations s;so3 yolew le�ol 1 o 0 I -o- 6, 6, 6, 6, Total Grant Costs 180,000 00o'0z 64 6, 000'ooz $i 0 0 11 11 11 0 1 Costs for Budget Category 000'04 000'0Z o i 2( 6969 Budget Category quawdTnba 5UT29 I ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT APPLICATION ATTACHMENT B ARRA ENVIRONMENTAL CHECKLIST PAGES 28, 29, AND 30 OF 44 Go-EFI (2/06/02) PART I: General Information Project Title: Solicitation Number: U.S. DEPARTMENT OF ENERGY GOLDEN FIELD OFFICE The Department of Energy (DOE) is required by the National Environmental Policy Act (NEPA) of 1969 as amended (42 U.S.C. 4332(21 40 CFR parts 1500 -1508) and DOE implementing regulations (10 CFR 1021) to consider the environmental effects resulting from federal actions, including providing financial assistance. Please provide the following information to facilitate DOE's environmental review. DOE needs to evaluate the requested information as part of your award negotiation. Instructions and Handbook: Terms that appear in blue have more detailed information available to assist you in completing the form. Save the form to your local directory. Leave your internet browser open and open the form in Word from the local directory. Click on the blue term and it will automatically open the handbook at the appropriate place. Click on the back button to return to your form. Or, you may click here to open the handbook. Sebastian Airport Wind Turbine Project 1. Please describe the intended use of DOE funding in your proposed project. For example, would the funding be applied to the entire project or only support a phase of the project? Describe the activity as specifically as possible, i.e. planning, feasibility study, design, data analysis, education or outreach activities, construction, capital purchase and/or equipment installation or modification. Planning, design, construction, and maintenance of wind turbine renewable energy project at Sebastian Airport. 2. Does any part of your project require review and/or permitting by any other federal, state, regional, local, environmental, or regulatory agency? Yes No If yes, please provide a list of required reviews and permits in the appropriate item number in Part II. 3. Has any review (e.g., NEPA documentation, permits, agency consultations) been completed? Yes No If yes, is a finding or report available and how can a copy be obtained? 4. Is the proposed project part of a larger scope of work? Yes No If yes, please describe. Do you anticipate requesting additional federal funding for subsequent phases of this project? Yes No If yes, please describe. 5. Does the scope of your project only involve one or more of the following: Information gathering such as literature surveys, inventories, audits, Data analysis including computer modeling, Document preparation such as design, feasibility studies, analytical energy supply and demand studies, or Information dissemination, including document mailings, publication, distribution, training, conferences, and informational programs. If the scope of your project is limited to the block(s) checked above, please skip to Part III, otherwise, continue to Part II. 1 Item No. Description Yes/No Specific nature or type of activity or condition. If a consultation, approval, or permit applies, please describe. 1 Clearing or Excavation (indicate if greater than 1 acre) NO 2 Dredge and/or Fill. Specify the number of acres involved. NO 3 New or Modified Federal /State Permits And/or Requests for Exemptions NO 4 Pre Existing Contamination NO 5 Asbestos NO 6 Criteria Pollutants NO 7 Non Attainment Areas NO 8 Class 1 Air Quality Control Region NO 9 Navigable Air Space NO 10 Areas with Special Designation (e.g., National Forests, Parks, Trails) NO 11 Prime, Unique or Important Farmland NO 12 Archeological /Cultural: Resources NO 13 Threatened/Endangered Species and /or Critical Habitat NO 14 Other Protected Species (Wild Burros, Migratory Birds) NO 15 Floodplains NO 16 Special Sources of Groundwater (e.g., Sole Source Aquifer) NO 17 Underground Extraction/Injection (non hazardous substances) NO 18 Wetlands NO 19 Coastal Zones NO 20 Public Issues or Concerns NO 21 Noise NO 22 Depletion of a Non Renewable Resource NO 23 Aesthetics NO PART II: Environmental Considerations Table A. Please indicate if any of the following conditions or special areas is present, required, or could be affected by 2 Item No. Description Yes/No Quantity Permit required? Type? Specific type, use, or condition 1 Polychlorinated Biphenyls (PCBs) NO 2 Import, Manufacture, or Processing of Toxic Substances NO 3 Chemical Storage, Use, and Disposal NO 4 Pesticide Use NO 5 Hazardous, Toxic, or Criteria Pollutant Air Emissions NO 6 Liquid Effluent NO 7 Underground .Extraction /injection (hazardous substances) NO 8 Hazardous Waste NO 9 Underground Storage Tanks NO 10 Biological Materials. Indicate if genetically altered materials are involved. NO Item No. Description Yes/No Quantit y Permit required? Type? Specific nature of use 1 Radioactive Mixed Waste NO 2 Radioactive Waste NO 3 Radiation Exposures NO Table B. Would your project use, disturb, or produce any chemicals or biological substances? (i.e., pesticides, industrial process, fuels, lubricants, bacteria) If not, skip to Section C. Preparer Please indicate if an of the materials or processes listed below applies. Table C. Would your project require or produce any radiological materials? If not, skip to Part III. Contact SAME indicate if an y of the materials listed below applies. Part III: Contact Information Please provide the name of the preparer of this form and a contact person who can answer questions or provide additional information. Joe Griffin Telephone Number Telephone Number 772 228 -7078 3 jgriffin@ E -mail Address cityofsebastian.org E -mail Address mna SETUAN HOME OF Subject: Fill one vacant, alternate concerned citizen position on the Construction Board Approved r Su mittal by: AI member, City Manager Agenda No. 0 .1) 03 Department Origin: City Clerk's Office City Attorney: For Agenda of: 2/10/10 Al IF n-r .A? Exhibits: applications, ad, list Expenditure Required: Amount Budgeted: Appropriation Required: There is one alternate member, vacant on the Construction Interview, unless waived concerned citizen position, SUMMARY STATEMENT that will expire Sept. 30, 2010 vacant alternate member, concerned citizen position Board. There are two applicants: James Fortier Daniel Turner RECOMMENDED ACTION and submit nominations for the term to expire Sept. 30, 2010. i NAME: �.pIL.S 1�� 7 HOME ADDRESS: /S&/ .L)C4t/ /7-7 L HOME PHONE: HOME FAX: E -MAIL: 9 -IZ 1� i73 ,77/1 7r 41 BUSINESS: 3 Z O4 BUSINESS ADDRESS: ,i4/,4 4 9,?Z 23/ 2rS 9 Z SV2 '11-,16 BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) X 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) NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 4 C ancr 'STI N HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE AH City Board and Committee Members Must be Residents of the Citv of Sebastian) APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? iff. dMw lC 7, Z.5 LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONyICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY ISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE WOULD YOU CONSID R 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 C Sebastian Code of Ordina s Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or mittee is availab if requ -ted. b- bed and swo ■I al'� Public, State of Fl a rida form\applicatwpd re 7/2007 nt Signature �f day of —7 a 7 by d /-7 l e J who is personally known to me, or has produced as identification. to before me Please return to Office of the City clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589-5330 ll Commission DD 946781 Expires January 16, 2014 Bonded Thrtaroy Fain Yi10 e.80a385-7019 JAMES FOPri IN�R 0UAUFICA11ONS: 15 years in construction industry Strong people and communication skills Excellent knowledge of commercial and residential construction Excellent knowledge of the Florida building code Successful contract administration and project management of numerous projects EDUCATION 1996 A.A.S. Building Construction, NH. Technical College 1998 B.S. Construction Management, Wentworth Institute of Technology EXPERIENCE 1999 current Sea Oaks Development Director of Operations Contract administration Supervise crew(s) on job sites Project management Ensure jobs are on time" and on budget" Schedule material deliveries Schedule trades /sub contractors -Daily board room activity reports 1992 -1995 New England Wood Design Lead Carpenter Commercial and Residential Complete residential frames, including high end custom homes up to 16,000 sq ft Renovations /Additions /Interior and Exterior Trim install Foreman which consisted of supervising a crew(s), scheduling deliveries, reading blue prints and collaborating with other trades. 1989 -1992 United States Army E-4 Tactical communications/ Honorable Discharge LICENSES Certified Building Contractor/ #1256858 Community Association Manager #28399 1301 Dewitt Lane Sebastian, FL.32958 (772) 473 -2043 1 NAME:,,, c u !'/C/ HOME ADDRESS: y 4 uA i few rc q ,S G b h ,s 14 G a r j'' s' HOME PHONE: 5 pj HOME FAX: E -MAIL: BUSINESS: JO. vcei c 14 LG G BUSINESS ADDRESS: y 7y 4 d u 1 4 4 7 r efs e tH, ic-2- a L.c 51 k? BUSINESS PHONE: yto ©�y� BUSINESS FAX: of E -MAIL: Ld��yrGtr.C ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? )'f,5 HOW LONG? 6 yea rs DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? N DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? o 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 (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) NATURAL RESOURCES BOARD (pennanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment I t HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) m �J APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) ✓weis, /C: e-c �NYt c- AO sSu/ S' Z 2&O6 1 6 i s ,Pese .,?t c-, a 1, 4, 1.44 -el (4 ,,y, Fir,�t /✓/u /4 T 'Le c.i a6'fa,.3 HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING c-- FOR A e e pTGN6, ✓G G e ye/Yr. -I C P., G/ 76 O .ir Gc.tr iwil;k:i1 6 ,...c 1 H e/SX e V 11.D y dl e,) 1.4/ a `1 G'/ off d x r 1.4 i l�tZte i.4 t. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: L"Ildt IN /uw! eious A.-µ-i. J• G0,1t 4b4 1 Co �.�s- r-s HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? /1/a HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /D WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? GS 48 1 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 1 have provided in this application. 1 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 committee is ava I l' if requ -sted. /4-1 Notary blic, te of F orida \wp- form\applicat.wpd rev. 7/2007 Applicant Signature Subscribed and swom to before me this day of £%V Jo,9 by M l j 7 iPne-- who is personally known to me, or has produced as identification. Please retum to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 LISA A. HUBBERT F Notary Public State of Florida My Commission Expires Jul 8, 2011 P Commission DD 648921 CaTVOF HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member Concerned Citizen Term to Expire 9/30/2010 Natural Resources Board Regular Member Term to Expire 7/2010 Regular Member Term to Expire 7/2011 Alternate Member Term to Expire 7/2011 Alternate Member Term to Expire 7/2012 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. IF COUNCIL FILLS A REGULAR 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. 6C0 MEMBER NAME AND ADDRESS POSITION APPOINTMENT HISTORY CURRENT STATUS TERMS COMPL ETED Dithmar Bulla 1389 Roulette Street Sebastian, FL 32958 589 -4239 Electrical Contractor Position Appointed regular member 7 /11/07 Term to expire 9/30/2010 Jean Carbano 433 Betty Avenue Sebastian, FL 32958 Jeanne4199 @aol.com 581 -1397 Regular Concerned Citizen Position Reappointed 9/14/05 Took Stuart Houston's Concerned Citizen Regular Position 5/26/04 Term to expire 9/30/2011 David Reyes 458 Oak Street Sebastian, FL 32958 dreyesamillerlegq. com Plumber Position Term to expire 9/30/2012 589 -8661 Chad Widup 1251 Schumann Drive Sebastian, FL 32958 cwidup©hotmail.com 589 -9821 Engineer or Architect Position Reappointed 8/26/09 Reappointed 9/27/06 Appointed 1/25/06 Term to expire 9/30/2012 Shawn Nosey 133 Cardinal Dr Sebastian, FL 32958 flacru @bellsouth.net 589 -2312 Regular Contractor Position Rea td Reappointed 8/26/09 Took Lanning's position 9/27/06 Appointed Alternate 7/12/06 Term to expire 9/30/2012 Frank Dalessandro 130 Stony Point Drive Sebastian, FL 32958 Frankeed©bigfoot.com 508 -7140 HARV Contractor Reappointed 11/14/07 Took Mitchell's HARV Contractor Position 8/10/05 Term to expire 9/30/2010 CONSTRUCTION BOARD 3 -YEAR TERMS MEETS 2ND TUESDAY EACH MONTH 6:00 P.M. Jim Morris Regular Reappointed Term to P. O. Box 780765 Member 8/26/09 expire Sebastian, FL 32978 jwm13529 @aol.com Contractor Reappointed 9/30/2012 589 -3519 9/27/06 Took Mr. Craw's unused Regular Member Contractor position 11/12/03 Vacant Alternate Concerned Term to expire Citizen 9/30/2010 Position Mark Redden Alternate Term to 537 Periwinkle Drive Contractor expire Sebastian, FL 32958 mkredden& comcast.net Position 9/30/2010 581 -0119 BOARD SECRETARY Karen Park 1 ana SEsa HOME O PELICAN IMAM Subject: Fill Vacant Regular Member on the Natural Resources Board Approved for ubini 1 by: ollff 4 Position City Manager Agenda No. 1 0 o 0 1 1 Department Origin: City Clerk's Office City Attorney: .Z-----, c For Agenda of: 2/10/10 ...--4, Al Minner Exhibits: application, ad, board member list Expenditure Required: Amount Budgeted: Appropriation Required: There are currently two regular and two alternate member Natural Resources Board Ms. Schnee has expressed Interview, unless waived, July 1, 2011. SUMMARY STATEMENT July 2010 and July 2011; July 2012 vacant on the Resources Board. position, term to expire member positions expiring positions expiring July 2011 and for which we have been advertising. interest in serving on the Natural RECOMMENDED ACTION and fill unexpired regular member I NAME: LTAlJ E 5, -\J EE HOME ADDRESS: O,2 2 F O STE !L kb, P PT A S BA r►pP PL- 3fl HOME PHONE: 7 72 _S�9_32O HOME FAX: E-MAIL: 5 �Q o 1 co eo. BUSINESS: E T I K E b BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: v ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? YE 5 HOW LONG? of I A Y,3 (LuGb iN RREA 6 Yzs) DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? N 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? N0 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 (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* X PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) X NATURAL RESOURCES BOARD (permanent board meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) Working Waterfront 5.4 (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment r"r" CO PI T iN) Q L ova SEBASTIAN HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (AII City Board and Committee Members Must be Residents of the City of Sebastian) APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) 6A NofLTY4 WesTE/2 1-&N IV, ''Cu.RRtarrt -y FTrEp t1AS6 o gc..A VoLu43T6E/2 C LASS es r-IL=/iBEA. "P<~Ltcizr/4)'tsLRil7� Prc.t0i,1� Soc',� ►FKIE'AS.�s of ST. 1r�1a> RA FLORiAA NI�TL E PI^, SoG S1- BA s R j u 4 T Fo RI't tr R., VGLO. a'rtt_R. A'1' E LC 1 40"A5 TEER- Iog 1 NQIRni Rive cot- dsERu,4TIeAr L"" H RnSA6e12 RLSo t Al) Pac-AR.EGR 'fa) r o S YR s R Oc� MY Ou.113 S V. gcAfLE.uT1-L�w- 149A Bo#•r I MI 1 HOW WOULD YOUR EXPERIENC BENEFIT THE BOARD YOU'RE APPLYING FOR 5 P05Se MRa%R6-Et-'tENr SMLILLS AND z NP►VE 14PotvLEDGE c) P' FLoRtt A 1 rJ RTU.. RA. t_ "RE Soc�RcES. LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: 2 G,2EIV c.LP /a+ FI CJ 4CK5oa3VgLLE' j3EAc14, -A L.iuq' il3Ttit FLBAtAp, Keys Q➢Y.102 ?O MOV1N6 "To 5 E8/FSTuAru, .1 l`HERFogk Hgye' A K6EA,3 ANtb Ka A8Lg, APPRt=crA Fog FL6/21 it) Al LCRRL RE. 50ttQcES_ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NI 0 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? N0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? NO C5� 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 committee is available if requested. Oli plicant Signature Subsccri d and s t before me this L day of %L. qW 1 U by �J 'Uk- who is personally known to me, or has produced as identification. AMP Public, State orida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 \wp- form\applicat.wpd rev. 7/2097 Notary Public Site of Florida 1 Patricia A Staunton Expires m 0507732 Albert Alvarez 492 Quarry Lane Sebastian, FL 32958 alalvarezaaol.com Apptd 7/29/09 Term expires 7/2011 532 -8767 Robin Graves Chair 525 Michael Street Sebastian, FL 32958 Mugwort2uayahoo.com Apptd 9/24/08 Term expires 7/2012 918 -8868 Ken Grudens 931 Starflower Avenue Sebastian, FL 32958 kengrudens@bellsouth.net 581 -0272 Apptd 9/24/08 Term expires 7/2011 Barbara Salmon 836 Mulberry Street Sebastian, FL 32958 salmonb @bellsouth. net 581 -9280 Apptd 5/13/09 Term expires 7/2010 Eric Spokas Vice Chair 131 Bellamy Trail Sebastian, FL 32958 drspoks©aol.com 918 -8137 Apptd 6/10/09 Term expires 7/2010 Vacant Term expires 7/2011 Vacant Term expires 7/2010 Vacant (alternate) Term expires 7/2011 Vacant (alternate) Term expires 7/2012 NATURAL RESOURCES ADVISORY COMMITTEE Board Liaison Environmental Planner I CITY OF HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian has the following volunteer board openings: Construction Board Alternate Member Concerned Citizen Term to Expire 9/30/2010 Natural Resources Board Regular Member Term to Expire 7/2010 Regular Member Term to Expire 7/2011 Alternate Member Term to Expire 7/2011 Alternate Member Term to Expire 7/2012 ALL MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. IF COUNCIL FILLS A REGULAR 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. I RECOMMENDED ACTION Approve the Resolution. OW OF HOME OF PELICAN ISLAND City Council Agenda Item Subject: Approval of Resolution Authorizing the Issuance of a Note of the City to SunTrust Bank in the Principal Amount of $2,462,000 for the Purpose of Refunding the Balance of the Series 1998 Note and Finance $1,250,000 of Additional Roadway Improvements. Approved for Submittal by: City Manager Al Minner Agenda No. l 0. 0 13 Department Origin: Administrative Services Ga City Attorney: City Clerk: Date Submitted: February 2, 2010 For Agenda of February 10, 2010 Exhibits: Resolution No. R-10-03 Schedules Showing Sources and Uses of Funds/Debt Service SUMMARY This Resolution will authorize the issuance of a $2,462,000 Note to SunTrust Bank. The Note will pledge Local Option Gas Tax revenues for repayment. The proceeds will be used to pay off the principal, accrued interest and prepayment penalty on the Series 1998 Note; pay the necessary fees due at closing; and provide $1,250,000 for additional roadway improvements. The new Note will be repaid over twelve years at a fixed rate of 4.01% and will not have a penalty for prepayment. The outstanding Note was issued to SunTrust Bank in August 1998 for $3,268,890 at a rate of 4.40% to be repaid over fifteen years. That Note included a prepayment penalty and SunTrust has waived 20% of that amount. Attached are schedules showing the Sources and Uses of Funds and the Debt Service requirements. The new annual debt service at these levels will average $264,937.61, which is $35,062.39 less than the current annual debt service requirement. The $1,250,000 of added principal will allow us to proceed with paving work. C) RESOLUTION NO. R -10 -03 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ACCEPTING A PROPOSAL OF SUNTRUST BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH SUNTRUST BANK; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,500,000 TO REFINANCE PRIOR INDEBTEDNESS OF THE CITY AND TO FINANCE COSTS OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN TRANSPORTATION RELATED IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM CERTAIN GAS TAX REVENUES; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City of Sebastian, Florida and other applicable provisions of law. Section 2. Definitions. When used in this Resolution, terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement (as defined herein), unless the context clearly indicates a different meaning. "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, Section 336.025, Florida Statutes, as amended, the Charter of the City, the Interlocal Agreement and other applicable provisions of law. "Bank" shall mean SunTrust Bank of Florida, and its successors and assigns. "Bond Counsel" shall mean Nabors, Giblin Nickerson, P.A., Tampa, Florida. "City" shall mean the City of Sebastian, Florida, a municipal corporation duly organized and validly existing under the laws of the State of Florida. "City Manager" shall mean the City Manager of the City or, in his absence or unavailability, his duly authorized designee. "Clerk" shall mean the City Clerk of the City, or her or his duly authorized designee. "Council" shall mean the City Council of the City of Sebastian, Florida. "County" shall mean Indian River County, Florida. "Director of Finance" shall mean the Director of Finance of the City and, in his absence or unavailability, his duly authorized designee. "Financial Advisor" shall mean FirstSouthwest, Orlando, Florida. "Gas Tax Revenues" shall mean the moneys received by the City from the Six Cents Local Option Gas Tax pursuant to the Act. "Interlocal Agreement" shall mean the Interlocal Agreement, dated June 25, 1996, between the City and the County, relating to the Gas Tax Revenues, as amended or supplemented from time to time. "Loan" shall mean the Loan from the Bank to the City in aggregate principal amount of not to exceed $2,500,000 made in accordance with the provisions of the Loan Agreement. "Loan Agreement" shall mean the Loan Agreement to be executed between the Bank and the City, which shall be substantially in the form attached hereto as Exhibit C. "Mayor" shall mean the Mayor of the City and, in his absence or unavailability, the Vice Mayor of the City or any other member of the Council who is qualified to act on his behalf. "Pledged Funds" shall mean the Gas Tax Revenues and, until expended, proceeds of the Loan. "Prior Indebtedness" shall mean the City's Promissory Note dated as of August 27, 1998 issued to the Bank in the original principal amount of $3,268,890.00 2 "Project" shall mean the acquisition, construction and equipping of certain transportation related improvements within the City, as generally described in Exhibit A hereto and as more particularly described in the plans and specifications on file with the City, as the same may be amended or supplemented from time to time. "Series 2010 Note" shall mean the City of Sebastian, Florida Gas Tax Revenue Note (SunTrust Bank), Series 2010, as such Series 2010 Note is more particularly described in the Loan Agreement. "Six Cents Local Option Gas Tax" shall mean the first 6 cents of the local option fuel tax levied by the County and received by the City pursuant to Section 336.025(1)(a), Florida Statutes, as amended and the Interlocal Agreement. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Resolution. versa. that: Words importing the singular number include the plural number, and vice Section 3. Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Series 2010 Note by the Bank, the provisions of this Resolution shall be a part of the contract of the City with the Bank, and shall be deemed to be and shall constitute a contract between the City and the Bank. The pledge made in this Resolution and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the benefit, protection and security of the Bank. Section 4. Findings. It is hereby ascertained, determined and declared (A) There is currently a need for the City to acquire, construct and equip the Project and that completing the Project will be in the best interests of the City and its citizens. (B) The City has previously issued the Prior Indebtedness to finance certain transportation related improvements. (C) In order to allow the City to finance costs of the Project without increasing its current annual debt service payments and to eliminate the pledge of the City's guaranteed entitlement funds the City deems it in its best interest to refinance the Prior Indebtedness at this time. (D) The Bank has submitted its commitment letter to provide the City with a term loan in an amount not to exceed $2,500,000 to finance all or a portion 3 of the costs of the Project and to refinance the Prior Indebtedness, which commitment letter is attached hereto as Exhibit B. (E) The City hereby determines that the most cost effective and beneficial way to finance the acquisition, construction and equipping of the Project and refinance the Prior Indebtedness will be through the execution of the Loan Agreement with the Bank and the issuance of the Series 2010 Note. (F) The Series 2010 Note shall be repaid solely from the Pledged Funds in the manner and to the extent set forth therein and in the Loan Agreement. (G) Due to the potential volatility of the market for tax- exempt obligations such as the Series 2010 Note and the complexity of the transactions relating to such Series 2010 Note, it is in the best interest of the City to issue the Series 2010 Note by a negotiated sale to the Bank, allowing the City to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the City to obtain the best possible price, terms and interest rate for the Series 2010 Note. (H) It is not reasonably anticipated that more than $30,000,000 of tax exempt obligations as defined under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, will be issued by the City during calendar year 2010. Section 5. Authorization of Project and Refinancing of Prior Indebtedness. The acquisition, construction and equipping of the Project and the refinancing of the Prior Indebtedness is hereby authorized and approved. Section 6. Acceptance of SunTrust Commitment. The City hereby accepts the commitment of the Bank to provide the City with a term loan not to exceed $2,500,000. The commitment letter of the Bank attached hereto as Exhibit B is hereby approved and accepted and the City Manager is hereby authorized and directed to execute and deliver such commitment letter to the Bank. All actions taken by the City Manager with respect to such commitment prior to the date hereof are hereby authorized and ratified. Section 7. Approval of Loan Agreement and Series 2010 Note. The City hereby approves the Loan from the Bank in the principal amount of not to exceed $2,500,000. The terms and provisions of the Loan Agreement in substantially the form attached hereto as Exhibit C are hereby approved, with such changes, insertions and additions as the City Manager may approve. The City hereby authorizes the City Manager to execute and deliver, and the Clerk to attest and affix the City seal to, the Loan Agreement substantially in the form attached hereto as Exhibit B, with such changes, insertions and additions as the City Manager may approve, his execution thereof being evidence of such approval. In 4 order to evidence the Loan under the Loan Agreement, it is necessary to provide for the execution of the Series 2010 Note. The City Manager and the Clerk are authorized to execute and deliver the Series 2010 Note substantially in the form attached to the Loan Agreement as Exhibit A with such changes, insertion and additions as they may approve, their execution thereof being evidence of such approval. Section 8. Designation of the Series 2010 Note as a Qualified Tax Exempt Obligation. The City hereby designates the Series 2010 Note as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Code. This designation is based upon the findings of the City set forth in Section 4(H) hereof and the City Manager is authorized to certify such finding upon the issuance of the Series 2010 Note. Section 9. Limited Obligation. The Series 2010 Note shall not be or constitute a general obligation or indebtedness of the City as "bonds" within the meaning of any constitutional or statutory provision, but shall be a limited and special obligation payable from the Pledged Funds as described in the Loan Agreement solely in the manner and to the extent set forth in the Loan Agreement and shall not be deemed a pledge of the faith and credit or taxing power of the City and such obligation shall not create a lien on any property whatsoever of or in the City other than the Pledged Funds. Section 10. General Authorization. The City Manager, the Mayor, the Director of Finance and the Clerk are authorized to execute and deliver such documents, instruments and contracts, whether or not expressly contemplated hereby, and the City Attorney, Bond Counsel, the Financial Advisor and other employees or agents of the City are hereby authorized and directed to do all acts and things required hereby or thereby as may be necessary for the full, punctual and complete performance of all the terms, covenants, provisions and agreements herein and therein contained, or as otherwise may be necessary or desirable to effectuate the purpose and intent of this Resolution. Section 11. Repeal of Inconsistent Documents. All ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: 60 Mayor Richard H. Gillmor Council Member Eugene Wolff Vice Mayor Jim Hill Council Member Don Wright Council Member Andrea B. Coy [SIGNATURE PAGE TO FOLLOW] [SIGNATURE PAGE TO RESOLUTION] The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of February, 2010. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk Richard H. Gillmor, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 6 EXHIBIT A General Description of the Project The Project generally includes certain transportation related improvements, as may be amended and supplemented from time to time by the Council, upon the following roadways: Laconia Street from Tulip to Crystal Mist Periwinkle Drive from Bridge to Laconia Street South Easy Street from Sebastian Blvd. to Wimbrow Drive Schumann Drive from Englar Drive to County Line Riverfront Streets Between Indian River Drive and US #1 as follows: Harrison Street Coolidge Street Washington Street Jefferson Street Martin Avenue Cleveland Street EXHIBIT B SunTrust Bank Commitment Letter 1r* ...raYl► SUNsfiR S +E January 27, 2010 Proposal Sent Via Email Kenneth W. Killgore City of Sebastian Director of Finance 1225 Main Street Sebastian, FL 32958 John W. Winn First Vice President SunTrust Bank West Palm Beach, FL 33401 Tel 581.3352677 Fax 561.835.2836 john.winn @suntrust.com Re: Term Loan City of Sebastian Dear Ken Killgore: SunTrust Bank is pleased to offer this commitment for up to $2,500,000 Although the following provisions, terms and conditions are intended to be comprehensive, they are not necessarily inclusive of all the anticipated terms that will be applicable to the credit. All of such terms will be set forth in the fmal, definitive loan documents, and all such terms must be acceptable to the Bank and its counsel. This commitment, is contingent upon the accuracy of all facts, statements and financial information submitted to the Bank by the Borrower and is conditioned upon the terms outlined below no additional credit approval is require by the Bank. Borrower: City of Sebastian "City") Lender: SunTrust Bank 501 S. Flagler Drive Floor 2nd West Palm Beach, FL 33401 John W. Winn, First Vice President (561) 835-2677 Facilities: One term loan represented by a Bond to be held by the Lender in the amount of: Amount: Series 2010: Up to $2,500,000 Purpose: To fund the payoff of the existing SunTrust obligation 0040016908, prepayment penalty, accrued interest, closing costs, and an additional $1,250,000 for various road projects total loan not to exceed $2,500,000. Terms: The credit facility shall be structured as a term loan consisting of a Series 2010 term bond maturing 12 years from the closing date. Principal and Interest shall be payable semi- annually on each March 1, and September 1, beginning March 1, 2010. Calculation of interest shall be computed on an actual /360 basis. Interest Rate: The following fixed rate loan is considered to be Bank Qualified. Security: Prepayment: Documentation Bond Opinion: Closing Costs: Series 2010: The rate shall be fixed at 4.01 SunTrust Bank will hold this rate for 30 days at no additional costs. Security for this credit facility shall be a first priority pledge of the Local Option Gas Tax No Prepayment Penalty the borrower may prepay all or any portion of the Loan at any time. Bank Counsel can prepare all documentation and provide the tax- exempt opinion for this transaction at a cost not to exceed $10,000, or review documents not to exceed $5,000. No additional fees beyond the legal fees as outlined above. Covenants and Conditions A) Borrower shall certify that financing is in compliance with any applicable ordinance governing the issuance of debt. B) All matters relating to this loan, including all instruments and documents required, are subject to the Bank's policies and procedures then in effect, applicable governmental regulations and/or statutes, and approval by the Bank and the Bank's Counsel. C) Borrower's Counsel shall submit a written opinion, in form and substance acceptable to the Bank and Bank's Counsel that all documents are valid, binding and enforceable in accordance with their terms, that execution and delivery of said documents has been duly authorized. D) Borrower shall submit annual audited statements within 210 days of fiscal year end, together with an annual budget within 30 days of adoption, together with any other information the Bank may reasonably request. E) The Bank shall have the right to adjust the tax- exempt interest rate in order to maintain the same after tax yield if any amendments to existing law caused by the borrower's actions only are enacted which would adversely affect the Bank's after tax yield including any "determination of taxability" as will be defined in the loan documentation. F) The Borrower shall comply with and agree to such other covenants, terms, and conditions that may be reasonably required by the Bank and its counsel and are customary in tax- exempt financings of this nature. These covenants would include, but are not to be limited to, covenants regarding compliance with laws and regulation, remedies in the event of default and bond counsel's opinion regarding the tax exempt and "bank qualified" nature of the facility. G) The "Bank- Qualified" interest rate quoted herein assumes the obligation is a "qualified tax- exempt obligation" as defined in Section 265(b)(3) of the Internal Revenue Service Code. If the borrowings hereunder are deemed to be taxable or "Non -Bank Qualified" tax exempt obligations caused by the Borrower's actions only, then the rate shall be adjusted to provide the Bank with the same after tax yield. Acceptance of Proposal: The Borrower must signify its acceptance of this proposal no later than February 16th, 2010 on the acknowledgment below. This executed proposal shall remain valid for 30 days unless otherwise extended by the Bank. After you have had a chance to review the following information, please contact John Winn at (561) 835-2677 with any questions. SunTrust greatly appreciates the opportunity to provide this financing commitment to the City for the above referenced financing, and eagerly awaits your response. Sincerely, John W. Winn Institutional Governmental Banking Group SunTrust Bank BORROWER ACCEPTS THE PROPOSAL AS RENDERED: Date EXHIBIT C Form of Loan Agreement LOAN AGREEMENT BETWEEN CITY OF SEBASTIAN, FLORIDA AND SUNTRUST BANK Dated as of February 17, 2010 TABLE OF CONTENTS ARTICLE I DEFINITION OF TERMS SECTION 1.01. DEFINITIONS 2 SECTION 1.02. INTERPRETATION 5 SECTION 1.03. TITLES AND HEADINGS 5 ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS; SECURITY FOR SERIES 2010 NOTE SECTION 2.01. REPRESENTATIONS BY THE CITY 6 SECTION 2.02. GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BANK 7 SECTION 2.03. TAX COVENANT 7 SECTION 2.04. SERIES 2010 NOTE NOT TO BE INDEBTEDNESS OF THE CITY OR STATE 7 SECTION 2.05. SECURITY. 7 SECTION 2.06. PAYMENT COVENANT 8 SECTION 2.07. NO IMPAIRMENT; RECEIPT OF GAS TAX REVENUES 8 SECTION 2.08. ISSUANCE OF ADDITIONAL INDEBTEDNESS 8 ARTICLE III DESCRIPTION OF SERIES 2010 NOTE; PAYMENT TERMS; OPTIONAL PREPAYMENT SECTION 3.01. DESCRIPTION OF THE SERIES 2010 NOTE. 10 SECTION 3.02. OPTIONAL PREPAYMENT 11 SECTION 3.03. ADJUSTMENTS TO INTEREST RATES 11 ARTICLE W CONDITIONS FOR ISSUANCE OF THE SERIES 2010 NOTE SECTION 4.01. CONDITIONS FOR ISSUANCE 13 ARTICLE V EVENTS OF DEFAULT; REMEDIES SECTION 5.01. EVENTS OF DEFAULT 15 SECTION 5.02. REMEDIES 15 i Page SECTION 6.01. AMENDMENTS, CHANGES OR MODIFICATIONS TO THE AGREEMENT 17 SECTION 6.02. COUNTERPARTS 17 SECTION 6.03. SEVERABILITY 17 SECTION 6.04. TERM OF AGREEMENT 17 SECTION 6.05. NOTICE OF CHANGES IN FACT 17 SECTION 6.06. NOTICES 17 SECTION 6.07. NO THIRD -PARTY BENEFICIARIES 17 SECTION 6.08. APPLICABLE LAW 18 SECTION 6.09. WAIVER OF JURY TRIAL 18 SECTION 6.10. INCORPORATION BY REFERENCE 18 SCHEDULE 1 EXHIBIT A EXHIBIT B ARTICLE VI MISCELLANEOUS DEBT SERVICE SCHEDULE FORM OF SERIES 2010 NOTE GENERAL DESCRIPTION OF THE PROJECT ii This LOAN AGREEMENT (the "Agreement is made and entered into as of February 17, 2010, by and between CITY OF SEBASTIAN, FLORIDA, a municipal corporation duly organized and validly existing under the laws of the State of Florida, and its successors and assigns (the "City and SUNTRUST BANK, a Georgia banking corporation authorized to do business in the State of Florida, and its successors and assigns (the "Bank WITNESSETH: WHEREAS, the City is authorized by provisions of the Florida Constitution, Chapter 166, Florida Statutes, the Charter of the City and other applicable provisions of law to, among other things, acquire, construct, equip, own, sell, lease, operate and maintain various capital improvements and public facilities to promote the health, welfare and economic prosperity of the residents of the City and to borrow money to fmance and refinance the acquisition, construction, equipping and maintenance of such capital improvements and public facilities; and WHEREAS, the City fmds it necessary and in the best interests of the City to finance all or a portion of the costs relating to the acquisition, construction and equipping of certain transportation related improvements, as generally described herein and more particularly described and identified in the plans and specifications on file with the City and all incidental costs relating thereto and as the same may be modified from time to time (collectively, the "Project and WHEREAS, the City has previously issued its Promissory Note in the principal amount of $3,268,890 on August 27, 1998 (the "Prior Indebtedness the proceeds of which were applied to finance certain roadway improvements; and WHEREAS, the City deems it in its best interest to refinance the Prior Indebtedness at this time; and WHEREAS, the Bank is willing to make a term loan to the City, and the City is willing to incur such loan, pursuant to the terms and provisions of this Agreement in an aggregate principal amount of $2,462,000 to fmance costs of the Project and refinance the Prior Indebtedness. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the parties hereto, intending to be legally bound hereby and in consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows: ARTICLE I DEFINITION OF TERMS "Bank" shall mean SunTrust Bank and its successors and assigns. SECTION 1.01. DEFINITIONS. The terms defined in this Article I shall, for all purposes of this Agreement, have the meanings in this Article I specified, unless the context clearly otherwise requires. "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, Section 336.025, Florida Statutes, as amended, the Charter of the City, the Interlocal Agreement, and other applicable provisions of law. "Additional Indebtedness" shall mean any indebtedness incurred by the City after the date of this Agreement secured by or payable from, in whole or in part, any portion of the Gas Tax Revenues. "Agreement" shall mean this Loan Agreement, including any and all modifications, alterations, amendments and supplements hereto made in accordance with the provisions hereof. "Bond Counsel" shall mean Nabors, Giblin Nickerson, P.A., Tampa, Florida or any other attorney at law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Business Day" shall mean any day other than a Saturday, Sunday or a day on which offices of the Bank in the State are authorized or required to be closed. "City" shall mean the City of Sebastian, Florida, a municipal corporation duly organized and validly existing under the laws of the State of Florida. "City Manager" shall mean the City Manager of the City or, in his or her absence or unavailability, his or her duly authorized designee. "Clerk" shall mean the City Clerk of the City, or any duly authorized Deputy City Clerk of the City. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable rules and regulations. "Council" shall mean the City Council of the City of Sebastian, Florida. 2 3 "County" shall mean Indian River County, Florida. "Debt" shall mean any outstanding indebtedness of the City secured by or payable from, in whole or in part, any portion of the Gas Tax Revenues. "Default Rate" shall mean a fixed rate of interest equal to 12.00% per annum. "Determination of Taxability" shall mean the circumstance of interest paid or payable on the Series 2010 Note becoming includable for federal income tax purposes in the gross income of the Bank as a consequence of any act, omission or event whatsoever and regardless of whether the same was within or beyond the control of the City. A Determination of Taxability will be deemed to have occurred upon (a) the receipt by the City or the Bank of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other official correspondence from the Internal Revenue Service which concludes that any interest payable on the Series 2010 Note is includable in the gross income of the Bank; (b) the issuance of any public or private ruling of the Internal Revenue Service that any interest payable on the Series 2010 Note is includable in the gross income of the Bank; or (c) receipt by the City or the Bank of an opinion of Bond Counsel that any interest on the Series 2010 Note has become includable in the gross income of the Bank for federal income tax purposes. For all purposes of this defmition, a Determination of Taxability will be deemed to occur on the date as of which the interest on the Series 2010 Note is first deemed includable in the gross income of the Bank. A Determination of Taxability shall not occur in the event such interest is taken into account in determining adjusted current earnings for the purpose of the alternative minimum income tax imposed on corporations. "Director of Finance" shall mean the Director of Finance of the City or, in his or her absence or unavailability, his or her duly authorized designee. "Final Maturity Date" shall mean December 1, 2021. "Financial Advisor" shall mean FirstSouthwest, Orlando, Florida, or any other financial advisory firm or company of nationally recognized standing in matters pertaining to public fmance. "Fiscal Year" shall mean the 12 -month period commencing on October 1 of any year and ending on September 30 of the immediately succeeding year. "Gas Tax Revenues" shall mean the moneys received by the City from the Six Cents Local Option Gas Tax pursuant to the Act. "Interest Rate" shall mean a fixed rate of interest equal to 4.01% per annum. Upon a determination of non "qualified tax- exempt obligation" status or a Determination of Taxability, the Interest Rate is subject to adjustment pursuant to Section 3.03 hereof. "Interlocal Agreement" shall mean the Interlocal Agreement, dated June 25, 1996, between the City and the County, relating to the Gas Tax Revenues, as amended or supplemented from time to time. "Loan" shall mean the loan from the Bank to the City in the aggregate principal amount of $2,462,000 made in accordance with the provisions of this Agreement. "Maximum Annual Debt Service" shall mean the maximum annual debt service to come due during any Fiscal Year of the City on the outstanding Series 2010 Note, all other outstanding Debt and any proposed Additional Indebtedness. With respect to any outstanding variable rate Debt, the interest rate used to determine Maximum Annual Debt Service shall be the actual interest rate in effect on such Debt at the time of calculation plus 100 basis points or, in the event no rate is then in effect, 6.00% per annum. "Mayor" shall mean the Mayor or, in his or her absence or unavailability, his or her duly authorized designee. "Pledged Funds" shall mean all of the Gas Tax Revenues and, until expended, proceeds of the Loan. "Project" shall mean certain transportation related improvements within the City to be funded with proceeds of the Loan, as generally described in Exhibit B hereto and more particularly described in the plans and specifications on file with the City, as the same may be amended and supplemented from time to time. "Resolution" shall mean Resolution No. R -10 -03 adopted by the Council on February 10, 2010, which among other things authorized the execution and delivery of this Agreement and the issuance of the Series 2010 Note. "Series 2010 Note" shall mean the City of Sebastian, Florida Gas Tax Revenue Note (SunTrust Bank), Series 2010, as more particularly described in this Agreement, which Note evidences the Loan. The form of the Series 2010 Note is attached hereto as Exhibit A. "Six Cents Local Option Gas Tax" shall mean the first 6 -cents of the local option fuel tax levied by the County and received by the City pursuant to Section 336.025(1)(a), Florida Statutes, as amended, and the Interlocal Agreement. "State" shall mean the State of Florida. "Taxable Rate" shall mean, upon a Determination of Taxability, the interest rate per annum that shall provide the Bank with the same after tax yield that the Bank would have otherwise received had the Determination of Taxability not occurred taking into account the increased taxable income of the Bank as a result of such Determination of Taxability. 4 5 "Tax Certificate" shall mean the Certificate as to Arbitrage and certain Other Tax Matters to be executed by the City in connection with the issuance of the Series 2010 Note, as such Certificate may be amended from time to time. SECTION 1.02. INTERPRETATION. Unless the context clearly requires otherwise, words of masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. Any capitalized terms used in this Agreement not herein defined shall have the meaning ascribed to such terms in the Resolution. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purpose set forth herein and to sustain the validity hereof. SECTION 1.03. TITLES AND HEADINGS. The titles and headings of the articles and sections of this Agreement, which have been inserted for convenience of reference only and are not to be considered a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and shall not be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any question of intent should arise. ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS; SECURITY FOR SERIES 2010 NOTE SECTION 2.01. REPRESENTATIONS BY THE CITY. The City represents, warrants and covenants that: (a) The City is a municipal corporation duly organized and validly existing under the laws of the State. Pursuant to the Resolution, the City has duly authorized the execution and delivery of this Agreement, the performance by the City of all of its obligations hereunder and thereunder, and the issuance of the Series 2010 Note in the aggregate principal amount of $2,462,000. (b) The City has complied with all of the provisions of the Constitution and laws of the State, including the Act and all local ordinances governing the issuance of debt, and has full power and authority to enter into and consummate all transactions contemplated by this Agreement and the Series 2010 Note, and to perform all of its obligations hereunder and under the Series 2010 Note and, to the best knowledge of the City, the transactions contemplated hereby do not conflict with the terms of any statute, order, rule, regulation, judgment, decree, agreement, instrument or commitment to which the City is a party or by which the City is bound. (c) The City is duly authorized and entitled to issue the Series 2010 Note and enter into this Agreement and, when issued in accordance with the terms of this Agreement, the Series 2010 Note and this Agreement will each constitute legal, valid and binding obligations of the City enforceable in accordance with their respective terms, subject as to enforceability to bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. (d) There are no actions, suits or proceedings pending or, to the best knowledge of the City, threatened against or affecting the City, at law or in equity, or before or by any governmental authority, that, if adversely determined, would materially impair the ability of the City to perform the City's obligations under this Agreement or the Series 2010 Note. (e) Within 210 days after the close of each Fiscal Year the City shall provide the Bank with a copy of the annual audited financial statements of the City prepared by a certified public accountant. The City shall also provide the annual budget of the City each year within 30 days of the fmal adoption of each such budget. With reasonable promptness the City shall provide such other data and information as may be requested by the Bank from time to time. 6 SECTION 2.02. GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BANK. The Bank hereby represents, warrants and agrees that it is a Georgia banking corporation authorized to execute and deliver this Agreement and to perform its obligations hereunder, and such execution and delivery will not constitute a violation of its charter, articles of incorporation or bylaws. Pursuant to the terms and provisions of this Agreement, the Bank agrees to provide a term loan to the City as evidenced hereby and by the Series 2010 Note for the purpose of (i) financing costs of the Project, (ii) refinancing the Prior Indebtedness, and (iii) paying costs relating to the issuance of the Series 2010 Note. SECTION 2.03. TAX COVENANT. (a) In order to maintain the exclusion from gross income for purposes of Federal income taxation of interest on the Series 2010 Note, the City shall comply with each requirement of the Code applicable to the Series 2010 Note. In furtherance of the covenant contained in the preceding sentence, the City agrees to continually comply with the provisions of the Tax Certificate as a source of guidance for achieving compliance with the Code. (b) The City shall make any and all rebate payments required to be made to the United States Department of the Treasury in connection with the Series 2010 Note pursuant to Section 148(1) of the Code. (c) So long as necessary in order to maintain the exclusion from gross income of interest on the Series 2010 Note for Federal income tax purposes, the covenants contained in this Section shall survive the payment of the Series 2010 Note and the interest thereon, including any payment or defeasance thereof. (d) The City shall not take or permit any action or fail to take any action which would cause the Series 2010 Note to be an "arbitrage bond" within the meaning of Section 148(a) of the Code. SECTION 2.04. SERIES 2010 NOTE NOT TO BE INDEBTEDNESS OF THE CITY OR STATE. The Series 2010 Note, when delivered by the City pursuant to the terms of this Agreement, shall not be or constitute an indebtedness of the City, the State of Florida or any political subdivision or agency thereof, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely as herein provided. The Bank shall never have the right to compel the exercise of the ad valorem taxing power of the City, or taxation in any form on any property therein to pay the Series 2010 Note or the interest thereon. The Series 2010 Note is a special and limited obligation secured by and payable as to principal and interest from the Pledged Funds. SECTION 2.05. SECURITY. The Series 2010 Note shall be secured by and payable from the Pledged Funds. The City does hereby irrevocably pledge the Pledged 7 Funds to the payment of the principal of and interest on the Series 2010 Note in accordance with the provisions of this Agreement. SECTION 2.06. PAYMENT COVENANT. The City covenants that it shall duly and punctually pay from the Pledged Funds the principal of and interest on the Series 2010 Note at the dates and place and in the manner provided herein and in the Series 2010 Note according to the true intent and meaning thereof and all other amounts due under this Agreement. SECTION 2.07. NO IMPAIRMENT; RECEIPT OF GAS TAX REVENUES. The pledging of the Pledged Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent ordinance, resolution, agreement or other proceedings of the City. The City covenants to do all things necessary on its part to maintain its eligibility to receive the full amount of Gas Tax Revenues which are required by the Act including the diligent enforcement of the Interlocal Agreement. The City hereby agrees to provide the holder of the Series 2010 Note with copies of any amendment, modification or extension of the Interlocal Agreement. The City shall not enter into any amendment to the Interlocal Agreement which would adversely affect the Bank's rights hereunder without the prior written consent of the Bank. The City shall not use the proceeds of the Series 2010 Note in any manner that could jeopardize the City's continued entitlement to the Gas Tax Revenues. SECTION 2.08. ISSUANCE OF ADDITIONAL INDEBTEDNESS. No Additional Indebtedness payable on a senior basis with respect to the Series 2010 Note shall be issued without the written consent of the Bank. No Additional Indebtedness payable on a parity with the Series 2010 Note shall be issued by the City except upon the conditions and in the manner provided in this Section 2.08. No such Additional Indebtedness shall be issued unless (1) no Event of Default (as specified in Section 5.01 hereof) shall have occurred and be continuing hereunder, and (2) the following conditions are complied with: (a) Except as otherwise provided in Section 2.08(b) hereof, there shall have been obtained and filed with the City and the Bank a certificate of the Director of Finance: (1) stating that he or she has examined the books and records of the City relating to the Gas Tax Revenues which have been received by the City; (2) setting forth the amount of such Gas Tax Revenues received by the City during the immediately preceding Fiscal Year (the "Testing Period and (3) stating that the amount of such Gas Tax Revenues received during the Testing Period equals at least 1.30 times the Maximum Annual Debt Service on all Debt then outstanding and the Additional Indebtedness with respect to which such statement is made. Such certificate by the Director of Finance may be partially based upon a certification of certain matters related to the calculation of the Maximum Annual Debt Service by the Financial Advisor. 8 s(0 (b) In the event any Additional Indebtedness secured by or payable from the Gas Tax Revenues is issued or incurred for the purpose of refunding or refmancing any Debt, the conditions of Section 2.08(a) hereof shall not apply, provided that the issuance or incurrence of such Additional Indebtedness (1) is applied to pay the entire outstanding amount of the Series 2010 Note in full, or (2) shall not result in an increase in the aggregate annual debt service for all outstanding Debt in any Fiscal Year. (c) In the event the City, by an amendment to this Agreement, extends the pledge of the Gas Tax Revenues created pursuant to this Agreement to include additional gas or fuel tax and such additional gas or fuel tax was not in effect during all or a portion of the Testing Period, then for the purposes of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 2.08(a) hereof, the Director of Finance shall adjust the amount of Gas Tax Revenues which were received during the Testing Period to take into account the additional amount of Gas Tax Revenues such additional gas or fuel tax would have generated if it had been in effect for the Testing Period; provided, however, that such adjustment shall only be made if the additional gas or fuel tax is in effect on the date the statement of the Director of Finance referred to in Section 2.08(a) hereof is made and such additional gas or fuel tax will remain in effect at least until the fmal maturity of the Series 2010 Note (including the proposed Additional Indebtedness) at the time of issuance of the Additional Indebtedness. (d) In the event the City shall enter into any agreement relating to, or any amendment of, the Interlocal Agreement adjusting the City's proportionate share of Gas Tax Revenues and such new proportionate share of Gas Tax Revenues was not in effect during all or a portion of the Testing Period, then for the purpose of determining whether there are sufficient Gas Tax Revenues to meet the coverage test specified in Section 2.08(a) hereof, the Director of Finance shall adjust the amount of Gas Tax Revenues which were received during the Testing Period to reflect the amount of Gas Tax Revenues the City would have received over such Testing Period had the City's share of Gas Tax Revenues been distributed based on its new proportionate share. [Remainder of page intentionally left blank] 9 ARTICLE III DESCRIPTION OF SERIES 2010 NOTE; PAYMENT TERMS; OPTIONAL PREPAYMENT SECTION 3.01. DESCRIPTION OF THE. SERIES 2010 NOTE. (a) The City hereby authorizes the issuance and delivery of the Series 2010 Note to the Bank which Note shall be in an amount equal to TWO MILLION FOUR HUNDRED SIXTY TWO THOUSAND DOLLARS ($2,462,000) and shall be designated as the "City of Sebastian, Florida Gas Tax Revenue Note (SunTrust Bank), Series 2010." The text of the Series 2010 Note shall be substantially in the form attached hereto as Exhibit A, with such omissions, insertions and variations as may be necessary and desirable to reflect the particular terms of the Series 2010 Note. The provisions of the form of the Series 2010 Note are hereby incorporated in this Agreement. (b) The Series 2010 Note shall be dated the date of its delivery. The Series 2010 Note shall be executed in the name of the City by the manual signature of the City Manager and the official seal of the City shall be affixed thereto and attested by the manual signature of the Clerk. In case any one or more of the officers, who shall have signed or sealed the Series 2010 Note, shall cease to be such officer of the City before the Series 2010 Note so signed and sealed shall have been actually delivered, such Series 2010 Note may nevertheless be delivered as herein provided and may be issued as if the person who signed or sealed such Series 2010 Note had not ceased to hold such office. (c) The Series 2010 Note shall bear interest from its date of issuance at the Interest Rate (calculated on the basis of a 360 -day year for the actual number of days elapsed) as the same may be adjusted pursuant to Section 3.03 hereof. Interest on the Series 2010 Note shall be payable semi annually on June 1 and December 1 of each year, commencing June 1, 2010 (each an "Interest Payment Date so long as the Series 2010 Note remains outstanding hereunder. Principal of the Series 2010 Note shall be payable semi annually on June 1 and December 1 of each year, commencing June 1, 2010 (each a "Principal Payment Date" and together with the Interest Payment Date, a "Payment Date through and including the Final Maturity Date. The scheduled principal payments are set forth in Schedule 1 attached hereto. (d) All payments of principal of and interest on the Series 2010 Note shall be payable in any coin or currency of the United States which, at the time of payment, is legal tender for the payment of public and private debts and shall be made to the Bank (i) in immediately available funds, (ii) by delivering to the Bank no later than the applicable Payment Date a check or draft of the City, or (iii) in such other manner as the City and the Bank shall agree upon in writing. If any Payment Date is not a Business Day, the corresponding payment shall be due on the next succeeding Business Day, but interest shall be due and payable through the date payment is received. 10 (e) There will be no ongoing Bank fees for the Loan made hereunder. Except as otherwise provided herein, the Bank shall pay for all of its costs relating to servicing the term loan. The City shall pay the legal review fee of the Bank relating to the initial issuance of the Series 2010 Note in an amount not to exceed $5,000.00. SECTION 3.02. OPTIONAL PREPAYMENT. (a) The Series 2010 Note may be prepaid, without penalty or premium, at any time prior to the Final Maturity Date, at the option of the City, from any moneys legally available therefor, upon notice as provided herein, in whole, or in part, on any date, by paying to the Bank the unpaid principal amount of the Series 2010 Note, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. (b) Any prepayment shall be made on such Payment Date as shall be specified by the City in a written notice provided to the Bank not less than five (5) days prior thereto by first class mail. Notice having been given as aforesaid, the outstanding principal of the Series 2010 Note shall become due and payable on the date of prepayment stated in such notice, together with the interest accrued and unpaid to the date of prepayment on the principal amount then being paid. If on the date of prepayment moneys for the payment of the principal amount to be prepaid on the Series 2010 Note, together with the accrued interest to the date of prepayment on such principal amount, shall have been paid to the Bank as above provided, then from and after the date of prepayment, interest on such prepaid principal amount of the Series 2010 Note shall cease to accrue. If said money shall not have been so paid on the date of prepayment, such principal amount of the Series 2010 Note shall continue to bear interest until payment thereof at the Interest Rate. (c) In the event any portion of the Series 2010 Note is optionally prepaid pursuant to this Section 3.02, the amount so prepaid shall be applied as a credit against the principal amount due on the then latest scheduled Payment Date. The Bank shall make appropriate notations in its records indicating the amount and date of any such prepayment and shall promptly transmit an acknowledgment to the City indicating the amount and date of such prepayment. SECTION 3.03. ADJUSTMENTS TO INTEREST RATES. (a) If for any reason it shall be determined that any portion of the Series 2010 Note is not a "qualified tax- exempt obligation" within the meaning of Section 265(b)(3) of the Code, then the Interest Rate thereon shall be increased to such rate as shall provide the Bank with the same rate of return that the Bank would have otherwise received on the such amounts taking into account the diminished deductibility of interest expense of the Bank under Section 265 of the Code as a result of the non "qualified tax- exempt obligation" status of the Series 2010 Note; provided, however, such increased rate shall never exceed the maximum rate allowable by law. Upon the written request of the City, the Bank shall provide the City with sufficient evidence supporting any such increase. 11 (b) In the event of a Determination of Taxability, the Interest Rate shall be immediately increased (effective retroactively to the date of the Determination of Taxability) to the Taxable Rate; provided, however, such increased rate shall never exceed the maximum rate allowable by law. [Remainder of page intentionally left blank] 12 ARTICLE N CONDITIONS FOR ISSUANCE OF THE SERIES 2010 NOTE SECTION 4.01. CONDITIONS FOR ISSUANCE. (a) In connection with the issuance of the Series 2010 Note, the Bank shall not be obligated to purchase the Series 2010 Note pursuant to this Agreement unless at or prior to the issuance thereof the City delivers to the Bank the following items in form and substance acceptable to the Bank: (i) A fully executed Tax Certificate; (ii) A copy of a completed and executed Form 8038 -G to be filed with the Internal Revenue Service; (iii) An opinion of Bond Counsel in form and substance to the effect that (A) the Series 2010 Note has been duly authorized by the City and is an enforceable obligation in accordance with its terms (enforceability of it may be subject to standard bankruptcy exceptions and the like), (B) interest on the Series 2010 Note shall be excluded from gross income for federal income tax purposes and will not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code, and (C) the Series 2010 Note has been duly designated as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Code; (iv) An opinion of the City Attorney of the City in a form and substance acceptable to the City and the Bank; and (v) Such additional certificates, instruments, opinions and other documents as the Bank, Bond Counsel, or the City Attorney may deem necessary or appropriate. (b) The City shall apply the proceeds of the Series 2010 Note to refund the Prior Indebtedness and to fmance or refinance, or reimburse itself for prior expenditures incurred for, the costs of the Project, which shall include, but not be limited to: (i) The costs of architectural and engineering services related to the Project, including, without limitation, the costs of preparation of studies, surveys, reports, tests, plans and specifications; (ii) The costs of legal, accounting, marketing and other special services related to the Project; 13 (iii) Costs and fees incurred in connection with the issuance of the Series 2010 Note; (iv) Fees and charges incurred in connection with applications to federal, state and local governmental agencies for any requisite approval or permits regarding the acquisition and construction of the Project; (v) Costs incurred in connection with the acquisition of the sites for the Project, including any necessary rights -of -way, easements or other interests in real or personal property; (vi) Costs incurred in connection with the acquisition, construction, improvement or extension of the buildings, structures and facilities comprising the Project; (vii) Costs incurred in connection with the acquisition and installation of any machines, equipment, fixtures, appurtenances or personal property of any kind or nature, which are to comprise a part of the Project; (viii) Interest on the Series 2010 Note accruing prior to the completion date of the Project; and (ix) To the extent permitted by law, other costs and expenses relating to the Project which are incurred for the purpose of providing for the Project, including the administrative and maintenance costs associated with the management of the Project, and other facilities functionally related and subordinate thereto. [Remainder of page intentionally left blank] 14 ARTICLE V EVENTS OF DEFAULT; REMEDIES SECTION 5.01. EVENTS OF DEFAULT. An "Event of Default" shall be deemed to have occurred under this Agreement if: (a) The City shall fail to make timely payment of principal or interest then due with respect to the Series 2010 Note; (b) the City shall fail to make timely payment of principal or interest then due with respect to any other indebtedness of the City which is secured by the Gas Tax Revenues; (c) Any representation or warranty of the City contained in Article II of this Agreement shall prove to be untrue in any material respect; (d) Any covenant of the City contained in this Agreement shall be breached or violated for a period of thirty (30) days after the City's notice of such breach or violation, unless the Bank shall agree in writing, in its sole discretion, to an extension of such time prior to its expiration; (e) There shall occur the dissolution or liquidation of the City, or the filing by the City of a voluntary petition in bankruptcy, or the commission by the City of any act of bankruptcy, or adjudication of the City as a bankrupt, or assignment by the City for the benefit of its creditors, or appointment of a receiver for the City, or the entry by the City into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar act in any jurisdiction which may now be in effect or hereafter amended. SECTION 5.02. REMEDIES. If any event of default shall have occurred and be continuing, the Bank or any trustee or receiver acting for the Bank may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the Laws of the State of Florida, or granted and contained in this Agreement, and may enforce and compel the performance of all duties required by this Agreement or by any applicable statutes to be performed by the City or by any officer thereof. No remedy herein conferred upon or reserved to the Bank is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition, upon the occurrence of an Event of Default described in Section 5.01(e) above, 15 the principal of and interest on the Series 2010 Note shall be immediately due and payable. Further, upon the occurrence of an Event of Default described in Section 5.01(a) or (b) above and which has not been remedied within ten (10) days of the applicable scheduled payment date, the Bank may declare the entire amount of the then outstanding Series 2010 Note and all accrued interest thereon to be immediately due and payable. Upon the occurrence of any other Event of Default which has not been remedied within thirty (30) days notice to the City by the Bank, the Bank may declare the entire amount of the then outstanding Series 2010 Note and all accrued interest thereon to be immediately due and payable. Any amount due hereunder not paid within ten (10) days of the applicable due date shall bear interest at the Default Rate. In addition, the Bank shall be reimbursed for its reasonable legal fees and costs incurred on account of an Event of Default. Notwithstanding anything in this Section 5.02 to the contrary, the Bank agrees not to accelerate the Series 2010 Note on account of non payment and the Default Rate shall not apply if said non payment is as a result of and during the occurrence of a natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the County, the Governor of the State, or the President of the United States. 16 ARTICLE VI MISCELLANEOUS SECTION 6.01. AMENDMENTS, CHANGES OR MODIFICATIONS TO THE AGREEMENT. This Agreement shall not be amended, changed or modified without the prior written consent of the Bank and the City. SECTION 6.02. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. SECTION 6.03. SEVERABILITY. If any clause, provision or section of this Agreement shall be held illegal or invalid by any court, the invalidity of such provisions or sections shall not affect any other provisions or sections hereof, and this Agreement shall be construed and enforced to the end that the transactions contemplated hereby be effected and the obligations contemplated hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained herein. SECTION 6.04. TERM OF AGREEMENT. This Agreement shall be in full force and effect from the date hereof and shall continue in effect as long as the Series 2010 Note is outstanding. SECTION 6.05. NOTICE OF CHANGES IN FACT. Promptly after the City becomes aware of the same, the City will notify the Bank of (a) any change in any material fact or circumstance represented or warranted by the City in this Agreement or in connection with the issuance of the Series 2010 Note, and (b) any default or event which, with notice or lapse of time or both, could become a default under this Agreement, specifying in each case the nature thereof and what action the City has taken, is taking and/or proposed to take with respect thereto. SECTION 6.06. NOTICES. Any notices or other communications required or permitted hereunder shall be sufficiently given if delivered personally or sent registered or certified mail, postage prepaid, to the City, City of Sebastian, Florida, 1225 Main Street, Sebastian, Florida 32958, and to SunTrust Bank, 501 S. Flagler Drive, 2 Floor, West Palm Beach, Florida 33401, or at such other address as shall be furnished in writing by any such party to the other, and shall be deemed to have been given as of the date so delivered or deposited in the United States mail. SECTION 6.07. NO THIRD -PARTY BENEFICIARIES. This Agreement is for the benefit of the City and the Bank and their respective successors and assigns, and there shall be no third -party beneficiary with respect thereto. 17 SECTION 6.08. APPLICABLE LAW. The substantive laws of the State of Florida shall govern this Agreement. SECTION 6.09. WAIVER OF JURY TRIAL. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any proceedings relating to this Agreement on the Series 2010 Note. SECTION 6.10. INCORPORATION BY REFERENCE. All of the terms and obligations of the Resolution are hereby incorporated herein by reference as if said Resolution was fully set forth in this Agreement and the Series 2010 Note. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first set forth herein. (SEAL) ATTEST: By: City Clerk/Deputy City Clerk CITY OF SEBASTIAN, FLORIDA By: Al Minner, City Manager SUNTRUST BANK By: John W. Winn, First Vice President 18 PRINCIPAL PAYMENT SCHEDULE Date Principal 06/01/2010 48,000.00 12/01/2010 83,000.00 06/01/2011 85,000.00 12/01/2011 87,000.00 06/01/2012 89,000.00 12/01/2012 90,000.00 06/01/2013 92,000.00 12/01/2013 94,000.00 06/01/2014 96,000.00 12/01/2014 98,000.00 06/01/2015 100,000.00 12/01/2015 102,000.00 06/01/2016 104,000.00 12/01/2016 106, 000.00 06/01/2017 108,000.00 12/01/2017 111,000.00 06/01/2018 113,000.00 12/01/2018 115,000.00 06/01/2019 117,000.00 12/01/2019 120, 000.00 06/01/2020 122,000.00 12/01/2020 125,000.00 06/01/2021 127,000.00 12/01/2021 130,000.00 Schedule 1 Interest Rate 4.01% EXHIBIT A UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF SEBASTIAN, FLORIDA GAS TAX REVENUE NOTE (SUNTRUST BANK), SERIES 2010 Date of Issuance February 17, 2010 CITY OF SEBASTIAN, FLORIDA (the "City for value received, hereby promises to pay, from the Pledged Funds described in the within mentioned Agreement, to the order of SunTrust Bank, or its successors or assigns (the "Bank"), the principal sum of TWO MILLION FOUR HUNDRED SIXTY TWO THOUSAND DOLLARS ($2,462,000) pursuant to that certain Loan Agreement by and between SunTrust Bank and the City, dated as of February 17, 2010 (the "Agreement and to pay interest on such the outstanding principal amount hereof from the Date of Issuance set forth above, or from the most recent date to which interest has been paid, at the Interest Rate per annum identified above (subject to adjustment as provided in the Agreement) on June 1 and December 1 of each year, commencing on June 1, 2010, so long as any amount under this Note remains outstanding. Principal of this Note shall be payable on June 1 and December 1 of each year, commencing on June 1, 2010, through and including the Final Maturity Date identified above. The principal repayment schedule for this Note is set forth on Appendix I attached hereto. The principal and interest on this Note is payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts. This Note is issued under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 166, Florida Statutes, Section 336.025, Florida Statues, as amended, the Charter of the City, the Interlocal Agreement and other applicable provisions of law (the "Act and pursuant to Resolution No. R -10 -03 duly adopted by the City on February 10, 2010 (the "Resolution as such Resolution may be amended and supplemented from time to time, and is subject to all terms and conditions of the Resolution and the Agreement. Any term used in this Note and not otherwise defined shall have the meaning ascribed to such term in the Agreement. A -1 Final Maturity Date December 1, 2021 $2,462,000 This Note is being issued to finance costs of the acquisition, construction and equipping of certain roadway improvements within the City and to refmance the Prior Indebtedness of the City. This Note is secured by and shall be payable from the Pledged Funds to the extent and as described in the Agreement. This Note shall bear interest at the Interest Rate identified above on the basis of a 360 -day year for the actual number of days elapsed. Such Interest Rate is subject to adjustment as provided in Section 3.03 of the Agreement. Any amount due hereunder not paid within ten (10) days of the applicable due date shall bear interest at the Default Rate (as defined in the Agreement), except as otherwise provided in the Agreement. Notwithstanding any provision in this Note to the contrary, in no event shall the interest contracted for, charged or received in connection with this Note (including any other costs or considerations that constitute interest under the laws of the State of Florida which are contracted for, charged or received) exceed the maximum rate of interest allowed under the State of Florida as presently in effect. All payments made by the City hereon shall apply first to accrued interest, and then to the principal amount then due on this Note. The City may prepay this Note, without penalty or premium, as a whole, or in part, on any date, by paying to the Bank the outstanding principal amount thereof, together with the unpaid interest accrued on the amount of principal to be prepaid to the date of such prepayment. Each prepayment of the Note shall be made on such Payment Date as shall be specified by the City in a written notice delivered to the Bank not less than five (5) days prior thereto, all in accordance with the provisions of the Agreement. All of the prepayment provisions contained in Section 3.02 of the Agreement shall apply with respect to this Note. The City has designated this Note as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. This Note, when delivered by the City pursuant to the terms of the Agreement and the Resolution, shall not be or constitute an indebtedness of the City or of the State of Florida, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable from and secured solely by the Pledged Funds, as provided in the Agreement and the Resolution. The Bank shall never have the right to compel the exercise of the ad valorem taxing power of the City or the State, or taxation in any form of any property therein to pay the Note or the interest thereon. This Note shall be and have all the qualities and incidents of a negotiable instrument under the commercial laws and the Uniform Commercial Code of the State of Florida, subject to any provisions for registration and transfer contained in the A -2 Agreement. So long as any of this Note shall remain outstanding, the City shall maintain and keep books for the registration and transfer of this Note. IN WITNESS WHEREOF, the City caused this Note to be signed by the manual signature of the City Manager, and the seal of the City to be affixed hereto or imprinted or reproduced hereon, and attested by the manual signature of the City Clerk, and this Note to be dated the Date of Issuance set forth above. (SEAL) Attest: By: City Clerk CITY OF SEBASTIAN, FLORIDA By: Al Minner, City Manager Principal Repayment Schedule for the CITY OF SEBASTIAN, FLORIDA GAS TAX REVENUE NOTE (SUNTRUST BANK), SERIES 2010 Date Prin cipal 06/01/2010 48,000.00 12/01/2010 83,000.00 06/01/2011 85,000.00 12/01/2011 87,000.00 06/01/2012 89,000.00 12/01/2012 90,000.00 06/01/2013 92,000.00 12/01/2013 94,000.00 06/01/2014 96,000.00 12/01/2014 98,000.00 06/01/2015 100,000.00 12/01/2015 102, 000.00 06/01/2016 104,000.00 12/01/2016 106,000.00 06/01/2017 108,000.00 12/01/2017 111, 000.00 06/01/2018 113,000.00 12/01/2018 115,000.00 06/01/2019 117, 000.00 12/01/2019 120,000.00 06/01/2020 122,000.00 12/01/2020 125,000.00 06/01/2021 127,000.00 12/01/2021 130,000.00 Appendix I GENERAL DESCRIPTION OF THE PROJECT Laconia Street from Tulip to Crystal Mist Periwinkle Drive from Bridge to Laconia Street South Easy Street from Sebastian Blvd. to Wimbrow Drive Schumann Drive from Englar Drive to County Line Riverfront Streets Between Indian River Drive and US #1 as follows: Harrison Street Coolidge Street Washington Street Jefferson Street Martin Avenue Cleveland Street EXHIBIT B The Project generally includes certain transportation related improvements, as may be amended and supplemented from time to time by the Council, upon the following roadways: D D Z I TABLE OF CONTENTS City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Report Page Promissory Note, Series 2010 Sources and Uses of Funds 1 Bond Summary Statistics 2 Bond Debt Service 3 Cost of Issuance 5 Proof of Arbitrage Yield 6 Form 8038 Statistics 7 Refunding Sources and Uses of Funds 9 Bond Debt Service 10 Savings 12 Summary of Bonds Refunded 13 Escrow Requirements 14 Escrow Sufficiency 15 New Money Sources and Uses of Funds 16 Bond Debt Service 17 0 3 Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Sources: Bond Proceeds: Par Amount Uses: Project Fund Deposits: Project Fund Refunding Escrow Deposits: Cash Deposit Delivery Date Expenses: Cost of Issuance Notes: 1) Privately placed with SunTrust Bank. 2) Daycount method is Actual/360. SOURCES AND USES OF FUNDS City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Dated Date 02/172010 Delivery Date 02/172010 Refunding New Money Total 1,196,000.00 1,266,000.00 2,462,000.00 1,196,000.00 1,266,000.00 2,462,000.00 Refunding New Money Total 1,250,000.00 1,250,000.00 1,180,439.49 1,180,439.49 15,560.51 16,000.00 31,560.51 1,196,000.00 1,266,000.00 2,462,000.00 0 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 1 Bond Component Term Bond BOND SUMMARY STATISTICS City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Dated Date 02/17/2010 Delivery Date 02/17/2010 First Coupon 06/01/2010 Last Maturity 12/01/2021 Arbitrage Yield 4.066974% True Interest Cost (TIC) 4.066974% Net Interest Cost (NIC) 4.066472% All -In TIC 4.299518% Average Coupon 4.066472% Average Life (years) 6.606 Duration of Issue (years) 5.677 Par Amount 2,462,000.00 Bond Proceeds 2,462,000.00 Total Interest 661,320.02 Net Interest 661,320.02 Total Debt Service 3,123,320.02 Maximum Annual Debt Service 265,792.26 Average Annual Debt Service 264,937.61 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Par Average Average Value Price Coupon Life Duration 2,462,000.00 100.000 4.066% 6.606 5.677 2,462,000.00 6.606 All -In Arbitrage TIC TIC Yield Par Value 2,462,000.00 2,462,000.00 2,462,000.00 Accrued Interest Premium (Discount) Underwriter's Discount Cost of Issuance Expense (31,560.51) Other Amounts Target Value 2,462,000.00 2,430,439.49 2,462000.00 Target Date 02/17/2010 02/17/2010 02/17/2010 Yield 4.066974% 4.299518% 4.066974% Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010 (75 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2010 48,000 4.010% 28,520.91 76,520.91 09/30/2010 76,520.91 12/01/2010 83,000 4.010% 49,207.38 132,207.38 06/01/2011 85,000 4.010% 47,255.85 132,255.85 09/30/2011 264,463.23 12/01/2011 87,000 4.010% 45,782.84 132,782.84 06/01/2012 89,000 4.010% 44,009.42 133,009.42 09/30/2012 265,792.26 12/01/2012 90,000 4.010% 42,195.23 132,195.23 06/01/2013 92,000 4.010% 40,140.10 132,140.10 09/30/2013 264,335.33 12/01/2013 94,000 4.010% 38,485.31 132,485.31 06/01/2014 96,000 4.010% 36,369.37 132,369.37 09/30/2014 264,854.68 12/01/2014 98,000 4.010% 34,612.32 132,612.32 06/01/2015 100,000 4.010% 32,436.45 132,436.45 09/30/2015 265,048.77 12/01/2015 102,000 4.010% 30,576.26 132,576.26 06/01/2016 104,000 4.010% 28,497.07 132,497.07 09/30/2016 265,073.33 12/01 /2016 106,000 4.010% 26,377.12 132,377.12 06/01/2017 108,000 4.010% 24,084.06 132,084.06 09/30/2017 264,461.18 12/01/2017 111,000 4.010% 22,014.90 133,014.90 06/01/2018 113,000 4.010% 19,644.32 132,644.32 09/30/2018 265,659.22 12/01/2018 115,000 4.010% 17,448.85 132,448.85 06/01/2019 117,000 4.010% 15,022.13 132,022.13 09/30/2019 264,470.98 12/01/2019 120,000 4.010% 12,719.72 132,719.72 06/01/2020 122,000 4.010% 10,273.62 132,273.62 09/30/2020 264,993.34 12/01/2020 125,000 4.010% 7,786.75 132,786.75 06/01/2021 127,000 4.010% 5,210.10 132,210.10 09/30/2021 264,996.85 12/01/2021 130,000 4.010% 2,649.94 132,649.94 09/30/2022 132,649.94 2,462,000 661,320.02 3,123,320.02 3,123,320.02 10 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 3 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Period Ending Principal Coupon Interest Debt Service 09/30/2010 48,000 4.010% 28,520.91 76,520.91 09/30/2011 168,000 4.010% 96,463.23 264,463.23 09/30/2012 176,000 4.010% 89,792.26 265,792.26 09/30/2013 182,000 4.010% 82,335.33 264,335.33 09/30/2014 190,000 4.010% 74,854.68 264,854.68 09/30/2015 198,000 4.010% 67,048.77 265,048.77 09/30/2016 206,000 4.010% 59,073.33 265,073.33 09/30/2017 214,000 4.010% 50,461.18 264,461.18 09/30/2018 224,000 4.010% 41,659.22 265,659.22 09/30/2019 232,000 4.010% 32,470.98 264,470.98 09/30/2020 242,000 4.010% 22,993.34 264,993.34 09/30/2021 252,000 4.010% 12,996.85 264,996.85 09/30/2022 130,000 4.010% 2,649.94 132,649.94 2,462,000 661,320.02 3,123,320.02 Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:20 QU Cost of Issuance Contingency Bond Counsel Financial Advisor Bank Counsel Professional Expenses COST OF ISSUANCE City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS /1000 Amount 3.04630 7.10804 2.03087 0.63384 7,500.00 17,500.00 5,000.00 1,560.51 12.81905 31,560.51 Ja 201,Q 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 5 Jan 29, 2010 10:45 am Prepared by FirstSouthwest PROOF OF ARBITRAGE YIELD City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Present Value to 02/17/2010 Date Debt Service Total 4.0669744% 06/01/2010 76,520.91 76,520.91 75,636.04 12/01/2010 132,207.38 132,207.38 128, 074.19 06/01/2011 132,255.85 132,255.85 125,567.74 12/01/2011 132,782.84 132,782.84 123,555.59 06/01/2012 133,009.42 133,009.42 121,299.81 12/01 /2012 132,195.23 132,195.23 118,154.64 06/01/2013 132,140.10 132,140.10 115,751.57 12/01/2013 132,485.31 132,485.31 113,741.06 06/01/2014 132,369.37 132,369.37 111,376.69 12/01/2014 132,612.32 132,612.32 109,3 57.34 06/01/2015 132,436.45 132,436.45 107,035.75 12/01/2015 132,576.26 132,576.26 105,013.32 06/01/2016 132,497.07 132,497.07 102, 858.97 12/01/2016 132,3 77.12 132,377.12 100,717.77 06/01/2017 132,084.06 132,084.06 98,491.97 12/01/2017 133,014.90 133,014.90 97,209.34 06/01/2018 132,644.32 132,644.32 95,006.57 12/01/2018 132,448.85 132,448.85 92,975.91 06/01/2019 132,022.13 132,022.13 90,829.36 12/01/2019 132,719.72 132,719.72 89,489.53 06/01/2020 132,273.62 132,273.62 87,411.24 12/01/2020 132,786.75 132,786.75 86,001.51 06/01/2021 132,210.10 132,210.10 83,921.50 12/01/2021 132,649.94 132,649.94 82,522.60 3,123,320.02 3,123,320.02 2,462,000.00 Proceeds Summary Delivery date 02/17/2010 Par Value 2,462,000.00 Target for yield calculation 2,462,000.00 (Finance 6.015 Sebastian:20 09 FORM 8038 STATISTICS Dated Date 02/17/2010 Delivery Date 02/17/2010 Term Bond: City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity 06/01/2010 48,000.00 4.010% 100.000 48,000.00 48,000.00 12/01/2010 83,000.00 4.010% 100.000 83,000.00 83,000.00 06/01/2011 85,000.00 4.010% 100.000 85,000.00 85,000.00 12/01/2011 87,000.00 4.010% 100.000 87,000.00 87,000.00 06/01/2012 89,000.00 4.010% 100.000 89,000.00 89,000.00 12/01/2012 90,000.00 4.010% 100.000 90,000.00 90,000.00 06/01/2013 92,000.00 4.010% 100.000 92,000.00 92,000.00 12/01/2013 94,000.00 4.010% 100.000 94,000.00 94,000.00 06/01/2014 96,000.00 4.010% 100.000 96,000.00 96,000.00 12/01/2014 98,000.00 4.010% 100.000 98,000.00 98,000.00 06/01/2015 100,000.00 4.010% 100.000 100,000.00 100,000.00 12/01/2015 102,000.00 4.010% 100.000 102,000.00 102,000.00 06/01/2016 104,000.00 4.010% 100.000 104,000.00 104,000.00 12/01/2016 106,000.00 4.010% 100.000 106,000.00 106,000.00 06/01/2017 108,000.00 4.010% 100.000 108,000.00 108,000.00 12/01/2017 111,000.00 4.010% 100.000 111,000.00 111,000.00 06/01/2018 113,000.00 4.010% 100.000 113,000.00 113,000.00 12/01/2018 115,000.00 4.010% 100.000 115,000.00 115,000.00 06/01/2019 117,000.00 4.010% 100.000 117,000.00 117,000.00 12/01/2019 120,000.00 4.010% 100.000 120,000.00 120,000.00 06/01/2020 122,000.00 4.010% 100.000 122,000.00 122,000.00 12/01/2020 125,000.00 4.010% 100.000 125,000.00 125,000.00 06/01/2021 127,000.00 4.010% 100.000 127,000.00 127,000.00 12/01/2021 130,000.00 4.010% 100.000 130,000.00 130,000.00 Stated Weighted Net Maturity Interest Issue Redemption Average Interest Date Rate Price at Maturity Maturity Yield Cost Final Maturity 12/01/2021 4.010% 130,000.00 130,000.00 Entire Issue 2,462,000.00 2,462,000.00 6.6055 4.0670% 4.0665% Proceeds used for accrued interest Proceeds used for bond issuance costs (including underwriters' discount) Proceeds used for credit enhancement Proceeds allocated to reasonably required reserve or replacement fund Proceeds used to currently refund prior issues Proceeds used to advance refund prior issues Remaining weighted average maturity of the bonds to be currently refunded Remaining weighted average maturity of the bonds to be advance refunded 2,462,000.00 2,462,000.00 2,462,000.00 0.00 31,560.51 0.00 0.00 1,180,439.49 0.00 1.8345 0.0000 010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 7 $3,268,890 Promissory Note, Series 1998 All Refunded Issues Jan 29, 2010 10:45 am Prepared by FirstSouthwest FORM 8038 STATISTICS City of Sebastian, Florida Promissory Note, Series 2010 FINAL NUMBERS Refunded Bonds Bond Component Date Principal Coupon Price Issue Price $3,268,890 Promissory Note, Series 1998: TERM13 02/27/2010 126,037.82 4.400% 100.000 126,037.82 TERM13 08/27/2010 128,810.65 4.400% 100.000 128,810.65 TERM13 02/27/2011 131,644.48 4.400% 100.000 131,644.48 TERM13 08/27/2011 134,540.66 4.400% 100.000 134,540.66 TERM13 02/27/2012 137,500.56 4.400% 100.000 137,500.56 TERM13 08/27/2012 140,525.57 4.400% 100.000 140,525.57 TERM13 02/27/2013 143,617.13 4.400% 100.000 143,617.13 TERM13 08/27/2013 146,513.30 4.400% 100.000 146,513.30 1,089,190.17 1,089,190.17 Remaining Last Weighted Call Issue Average Date Date Maturity 02/17/2010 08/27/1998 1.8345 02/17/2010 1.8345 (Finance 6.015 Sebastian:2010 .-Pege,8 Sources: Bond Proceeds: Par Amount Uses: Refunding Escrow Deposits: Cash Deposit Delivery Date Expenses: Cost of Issuance SOURCES AND USES OF FUNDS City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Dated Date 02/17/2010 Delivery Date 02/17/2010 1,196,000.00 1,196,000.00 1,180,439.49 15,560.51 1,196,000.00 0 0 10 10 :45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 9 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2010 48,000 4.010% 13,855.00 61,855.00 09/30/2010 61,855.00 12/01/2010 83,000 4.010% 23,401.02 106,401.02 06/01/2011 85,000 4.010% 21,590.51 106,590.51 09/30/2011 212,991.53 12/01/2011 87,000 4.010% 19,976.48 106,976.48 06/01/2012 89,000 4.010% 18,203.06 107,203.06 09/30/2012 214,179.54 12/01/2012 90,000 4.010% 16,388.87 106,388.87 06/01/2013 92,000 4.010% 14,474.76 106,474.76 09/30/2013 212,863.63 12/01/2013 94,000 4.010% 12,678.95 106,678.95 06/01/2014 96,000 4.010% 10,704.03 106,704.03 09/30/2014 213,382.98 12/01/2014 98,000 4.010% 8,805.96 106,805.96 06/01 /2015 100,000 4.010% 6,771.11 106,771.11 09/30/2015 213,577.07 12/01/2015 102,000 4.010% 4,769.90 106,769.90 06/01/2016 104,000 4.010% 2,690.71 106,690.71 09/30/2016 213,460.61 12/01/2016 28,000 4.010% 570.76 28,570.76 09/30/2017 28,570.76 1,196,000 174,881.12 1,370,881.12 1,370,881.12 Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:201 ag /13 J. 0 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 11 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Period Ending Principal Coupon Interest Debt Service 09/30/2010 48,000 4.010% 13,855.00 61,855.00 09/30/2011 168,000 4.010% 44,991.53 212,991.53 09/30/2012 176,000 4.010% 38,179.54 214,179.54 09/30/2013 182,000 4.010% 30,863.63 212,863.63 09/30/2014 190,000 4.010% 23,382.98 213,382.98 09/30/2015 198,000 4.010% 15,577.07 213,577.07 09/30/2016 206,000 4.010% 7,460.61 213,460.61 09/30/2017 28,000 4.010% 570.76 28,570.76 1,196,000 174,881.12 1,370,881.12 Date SAVINGS City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Prior Refunding Debt Service Debt Service Savings 09/30/2010 300,000.00 61,855.00 238,145.00 09/30/2011 300,000.00 212,991.53 87,008.47 09/30/2012 300,000.00 214,179.54 85,820.46 09/30/2013 299,736.59 212,863.63 86,872.96 09/30/2014 213,382.98 (213,382.98) 09/30/2015 213,577.07 (213,577.07) 09/30/2016 213,460.61 (213,460.61) 09/30/2017 28,570.76 (28,570.76) 1,199,736.59 1,370,881.12 (171,144.53) Savings Summary Savings PV date 02/17/2010 Savings PV rate 4.299518% PV of savings from cash flow (73,260.87) Net PV Savings (73,260.87) Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:201 Bond SUMMARY OF BONDS REFUNDED City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Maturity Interest Par Call Call Date Rate Amount Date Price $3,268,890 Promissory Note, Series 1998, 1998: TERM13 08/27/2013 4.400% 1,089,190.17 02/17/2010 106.300 1,089,190.17 c 10 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 13 ESCROW REQUIREMENTS City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Period Principal Redemption Ending Interest Redeemed Premium Total 02/17/2010 22,630.95 1,089,190.17 68,618.37 1,180,439.49 22,630.95 1,089,190.17 68,618.37 1,180,439.49 Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) P 14 Ilk Date 02/17/2010 ESCROW SUFFICIENCY City of Sebastian, Florida Promissory Note, Series 2010 Refunding Portion Escrow Net Escrow Excess Excess Requirement Receipts Receipts Balance 1,180,439.49 1,180,439.49 1,180,439.49 1,180,439.49 0.00 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 15 J 5 Sources: Bond Proceeds: Par Amount 1,266,000.00 1,266,000.00 Uses: SOURCES AND USES OF FUNDS City of Sebastian, Florida Promissory Note, Series 2010 New Money Portion Dated Date 02/17/2010 Delivery Date 02/17/2010 Project Fund Deposits: Project Fund 1,250,000.00 Delivery Date Expenses: Cost of Issuance 16,000.00 1,266,000.00 Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Pa e 16 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 New Money Portion Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2010 14,665.91 14,665.91 09/30/2010 14,665.91 12/01/2010 25,806.36 25,806.36 06/01/2011 25,665.34 25,665.34 09/30/2011 51,471.70 12/01/2011 25,806.36 25,806.36 06/01/2012 25,806.36 25,806.36 09/30/2012 51,612.72 12/01/2012 25,806.36 25,806.36 06/01/2013 25,665.34 25,665.34 09/30/2013 51,471.70 12/01/2013 25,806.36 25,806.36 06/01/2014 25,665.34 25,665.34 09/30/2014 51,471.70 12/01/2014 25,806.36 25,806.36 06/01/2015 25,665.34 25,665.34 09/30/2015 51,471.70 12/01/2015 25,806.36 25,806.36 06/01/2016 25,806.36 25,806.36 09/30/2016 51,612.72 12/01/2016 78,000 4.010% 25,806.36 103,806.36 06/01/2017 108,000 4.010% 24,084.06 132,084.06 09/30/2017 235,890.42 12/01/2017 111,000 4.010% 22,014.90 133,014.90 06/01/2018 113,000 4.010% 19,644.32 132,644.32 09/30/2018 265,659.22 12/01/2018 115,000 4.010% 17,448.85 132,448.85 06/01/2019 117,000 4.010% 15,022.13 132,022.13 09/30/2019 264,470.98 12/01/2019 120,000 4.010% 12,719.72 132,719.72 06/01/2020 122,000 4.010% 10,273.62 132,273.62 09/30/2020 264,993.34 12/01/2020 125,000 4.010% 7,786.75 132,786.75 06/01/2021 127,000 4.010% 5,210.10 132,210.10 09/30/2021 264,996.85 12/01/2021 130,000 4.010% 2,649.94 132,649.94 09/30/2022 132,649.94 1,266,000 486,438.90 1,752,438.90 1,752,438.90 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2010) Page 17 BOND DEBT SERVICE City of Sebastian, Florida Promissory Note, Series 2010 New Money Portion Period Ending Principal Coupon Interest Debt Service 09/30/2010 14,665.91 14,665.91 09/30/2011 51,471.70 51,471.70 09/30/2012 51,612.72 51,612.72 09/30/2013 51,471.70 51,471.70 09/30/2014 51,471.70 51,471.70 09/30/2015 51,471.70 51,471.70 09/30/2016 51,612.72 51,612.72 09/30/2017 186,000 4.010% 49,890.42 235,890.42 09/30/2018 224,000 4.010% 41,659.22 265,659.22 09/30/2019 232,000 4.010% 32,470.98 264,470.98 09/30/2020 242,000 4.010% 22,993.34 264,993.34 09/30/2021 252,000 4.010% 12,996.85 264,996.85 09/30/2022 130,000 4.010% 2,649.94 132,649.94 1,266,000 486,438.90 1,752,438.90 Jan 29, 2010 10:45 am Prepared by FirstSouthwest (Finance 6.015 Sebastian:2 Page 18 Subject: Collier Canal Replacement of Docks Removed for Construction. Approved for ubmi al by: Al Mmner, Ci Manager EXPENDITURE REQUIRED: 1. Prohibit any replacement of docks. HOME OF PELICAN 5LAND AGENDA TRANSMITTAL AMOUNT BUDGETED: SUMMARY To assist in this decision we are providing you with (3) options: Agenda No. 10 d 3 3 Dep ent Orig Admi s 'strative Services Building Dept City Clerk: City Attorney: Date Submitted: February 3, 2010 For Agenda of: February 10, 2010 Exhibits: Dock Specifications for (3) Sizes 10' x 12', 10' x 14' and 10' x 16'. APPROPRIATION REQUIRED: $0.00 As we commence the close out process of the Collier Canal Rehabilitation Project, we are now tasked with the decision of what to do about the dock replacements. There were approximately (35) docks removed in order to complete the work for the project. Of those (35) docks, our records reflect that (3) were properly permitted, and the remaining (32) were questionable as to whether the building officials at the time of construction required these docks to have permits. Many of the docks removed were in disrepair while others were in good condition. To maintain the integrity and warranty of the new sea walls it is imperative that we develop specifications for any docks to be constructed. Attached for your review are potential docks developed in the following (3) sizes: 10' x 12', 10' x 14' and 10' x 16' 2. City replaces docks. If so, do we replace the (3) that were properly permitted, or all (35)? The approximate cost for the replacement of each dock range from $3,000 to $4,500 depending on the size. If we replace the docks we will be required to bid work. Provide direction on dock replacement. Staff will ensure all docks have the proper city required permits. Additionally, if the City decides to construct the docks for the residents the authority having jurisdiction is St. Johns River Water Management District (SJRWMD). We recommend the City submit a "Proposal for Permit Determination" to SJRWMD which requires a $100 application fee. No permit would be required to replace existing docks that are less than 1000 square feet, with no more than one dock per lot. 3. Homeowners replace their own docks. In this case the authority having jurisdiction is the Department of Environmental Protection. Homeowners will be required to receive a building permit through the City as well as perform a self certification on the Department of Environmental Protection's website, and would be allowed under the same exemption as the City to replace existing docks with new docks less than 1000 square feet with no more than one dock per lot. Additionally, the homeowners would be required to construct docks that satisfy the City's specifications. RECOMMENDED ACTION l 4 0 115 w ct tin Ir a J W Z 4 0 O m o 9 O 9 Pi !IP id alio 10 a 1 11 O O O O X O O (2 0 W eci q, 410 w AL W LL Z Z 3 m l en n em 1 81 o 0 0 0 0 if II II 0 A t N 3 g c Z r: .7 0 W O 0 O0IXZ aI J J Z�.0< W O N re a Z a� m Nis m E ar Cfl 0 IT° m O 0 a AIM 0110 1M MEI s 1 g V 0 O O O O ti O O O co z 0) z O J O w Q Uo z9 d W Q Z 0 X W W b cc a W1 1 1 Q ;A AO in lei w E W ;E Z 5 mg N r li* k a N GM ogel LE 3 k No pp 1, r d 2E a F- Z g W MI ill LJ1 `V ift J g W �a W Z I sm HOME OF PEUCAN ISLAND Subject: R -07 -31 Procedures for Charter Officer Evaluations Approved for Submittal by: Agenda No: /0, OZ4 Department Origin: Cit Clerk's Office (ik City Attorney: City Clerk: For Agenda of: 2/10/10 City Manager Exhibits: R -07 -31 Expenditure Required: Amount Budgeted: Appropriation Required: At the last City Council meeting, for discussion. SUMMARY STATEMENT -31 be returned to the agenda 7 Council requested R -07 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- annualiy set and review goals and objectives for the City Manager, City Attomey 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 Attomey 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 1 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 Attomey 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 Attomey and City Clerk. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shalt take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Neg lia 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 Al Patemoster 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. CITY OF SEB IAN, FL DA ATT Sally A. Ma MMC City Clerk (SEAL) Approved as to Form and Content for Relian by the City of Sebastian Only: By: Andrea Coy, Mayor ara ammo! NOM Of MICAN LSMND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Invitation from Indian County School Board for Joint Approved for Submittal by: River Meeting Agenda No: Department Date Submitted: For Agenda City Attorney: 10 o3'4 Origin: City Clerk 2/4/10 of: 2/10/10 Al Minner, City Manager Exhibits: E -Mail from Judy Stang Expenditure Required: Amount Budgeted: Appropriation Required: Judy Stang, Assistant February 3rd to invite The School Board is interested Municipal Councils and facility in Vero Beach. Ms. Stang first discussed members of Council were contacted her board and Tuesday, May 4 from are all on Tuesdays which I thought it best to place among themselves, suggest accordingly. SUMMARY STATEMENT Board, called on with the School Board. with each of the River County at it's I advised her that meetings, she for a meeting on alternative dates but they for Council Member Coy. that Council can discuss it and direct staff to the Indian River County School City Council to a joint meeting in meeting individually the County Commission in Indian a daytime meeting and when employed and preferred evening called back with an alternate 6 -8 pm. She does have later I realize may not be good this item on the agenda so alternate dates if necessary Sally Maio From: Stang, Judy Judy .Stang @indianriverschools.org] Sent: Thursday, February 04, 2010 11:14 AM To: Sally Maio Subject: RE: Request for a Joint Discussion Session with City Council and District School Board Sally, The best I can do, other than another Tuesday evening, would be a Thursday evening. I would have to go back, individually, to my Board, or jointly next Tuesday, to find another date. Please suggest the May 4 date and, if absolutely not, then please ask them to choose a Thursday evening date and I will see if it will work. Since this is not time sensitive, the date can be up to the end of October 2010. The Board will not be available in July and we will have graduations as we get closer to the end of the year but I do not have the dates yet. Miss Judy From: Sally Maio [mailto:smaio @cityofsebastian.org] Sent: Thursday, February 04, 2010 8:38 AM To: Stang, Judy Subject: RE: Request for a Joint Discussion Session with City Council and District School Board Judy In the event the majority of City Council members cannot make that date, please provide alternate dates and perhaps another evening other than a Tuesday. I will place this item on the February 10, 2010 Regular City Council agenda. Sally Maio City Clerk From: Stang, Judy [mailto: Judy .Stang @indianriverschools.org] Sent: Wednesday, February 03, 2010 4:53 PM To: Sally Maio Subject: Request for a Joint Discussion Session with City Council and District School Board Mrs. Maio, The District School Board will be meeting with all of the Cities, County, and others, during the course of the year to share ideas. The purpose of this email is to invite the Sebastian City Council Members to an informal discussion session with the District School Board Members on Tuesday, May 4, 2010, from 6 -8 p.m. at the School District's Administration Office located at 1990 25 St., Vero Beach, FL 32960. Please note that the discussion session will be noticed as required by law and audio taped. We hope to hear from you soon! Sincerely, Miss Judy Stang Page 1 of 2 Page 2 of 2